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Andrew Bentley Architect Ltd Mr Andrew Bentley 8 Ravens Wharf, South Quay South Quay Douglas IM1 5BT
TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019
In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Mr Sebastian Perez, Ref 23/01006/B, for the New House (amendments to PA20/01246/B) at Land Between Glas Choille & Winston Glen Auldyn Lezayre Isle Of Man .
Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes).
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Reason: In the interests of highway safety during the construction process and once the dwelling is occupied.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
Details of the soft landscaping works include details of new planting (including tree planting) showing, type, size and position of each and should include the planting shown on approved drawing 2304-SP-201-D .
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner.
Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted.
Reason: To ensure the provision of an appropriate landscape setting to the development.
NOTE The applicants are advised that Japanese Knotweed is known to be along the riverbank in the south west corner of the building plot and there is a high risk that the plant may be unintentionally spread when the new house is to be constructed, or via increased footfall in this area in the future. Even tiny fragments of the plant can be spread via the river which could enable establishment further downriver, which would be an offence. If left untreated and allowed to spread Japanese Knotweed could cause significant damage to the new property and therefore it is in the best interests of the applicant to ensure that it is removed, if present, prior to works taking place.
The applicants are strongly recommend to contact the Ecosystem Policy Team, DEFA to discuss what measures should be undertaken.
NOTE All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it isan offence to:
The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine up to 10,000 pounds.
The bird nesting season is usually between late February and late August or late September in the case of swallows or house martins. Thorough checks for birds, theiractive nests and eggs should be undertaken prior to clearance of vegetation. If a nest is discovered while work is being undertaken, all work must stop and advice sought from the Ecosystem Policy Team, DEFA.
This decision has been made for the following reasons(s) It has been assessed that the development proposed is acceptable without causing undue harm to local residential amenity and also without causing undue harm to the street scene/area or public amenity. Accordingly, it is considered the proposal would comply with General Policy 2 & Environment Policy 13 of the IOM Strategic Plan 2016 and the Residential Design Guide.
Date of Issue: 4th March 2024
J CHANCE Director of Planning and Building Control
Guidance Note
This decision was made by the Head of Development Management in accordance with the authority delegated to them.
This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.
A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.
Implementation The decision does not become final until either Any appeal has been concluded; or 21 days have passed since the date on this notice and no appeal has been submitted
Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation.
Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action.
Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain: the grounds for making the appeal; payment of the planning appeal fee (currently £335); and
if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £125). Where the appeal is submitted by the applicant they must:
specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and
Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.
Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated.
An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal
If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application (should one have been received) may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.
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