Decision Notice

Richmond Square Design Ltd The Estate Office Oakhill Port Soderick Isle Of Man IM4 1AT

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Mumba Holdings, Ref 15/01173/B, for the Re-instatement of boundary bank, erection of gardener's store with viewing platform, erection of garden shed and landscaping at Thie Ny Strooan Hillberry Green Douglas Isle Of Man IM2 6DE subject to compliance with the following condition(s) and notes (if any) :

• 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• 2. The vehicular access from the Mountain Road hereby permitted shall be used only by vehicles maintaining the building permitted by this approval or by emergency vehicles required emergency access to the application site. Private access to the building permitted by this planning approval shall be achieved only internally to the application site via the Hillberry Green access.

Reason: The access, given its limited visibility and location on a primary highway, is acceptable only because of the very limited and small-scale nature of the use predicted for it.

• 3. Prior to the laying of the hardstanding for the proposed turning area, a sample of the material proposed for that turning area shall be submitted to and approved in writing by the Department. Reason: In the interest of safeguarding the appearance of the application site.
• 4. Prior to the use of the approved tennis court coming into operation, a tree-planting scheme shall be submitted to and approved in writing by the Department. The scheme shall include the numbers, species and positions of all trees and hedges to be planted on the site. All the tree-planting shall be carried out in accordance with the approved details. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall

be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.

Reason: In the interest of safeguarding neighbouring residential amenity and to ensure the provision of an appropriate landscape setting to the development.

• 5. Any trees planted on the area marked "Fruit Trees in Natural Meadow Grass" as shown on approved Drawing Number P0008 shall at no time be of a height exceeding four metres.

Reason: In the interest of safeguarding neighbouring residential amenity and to ensure the provision of an appropriate landscape setting to the development.

The development hereby approved relates to the following Drawings, date-stamped as having been received 21st October 2015: X0001 Rev B, P0008, P3003 Rev A, P3005 and P3006.

Date of Issue: 23rd November 2015

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 her in the name of the Minister and/or in the name and on behalf of the Department.

This permission refers only to that required under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

•  Payment of a planning appeal fee as prescribed in the Town and Country Planning (Application and Appeal Fees) (No2) Order 2015 (currently £165);
•  The reasons for making the appeal; and
•  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

The proposed development must not be commenced until either;

•  The time for requesting an appeal has expired; or
•  Any appeal has been determined;

Whichever is the later.

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is now available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.

https://www.gov.im/planningapplication/services/planning/search.iom

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.