DEC Decision Notice

Construction Design Ltd 2nd Floor 17 Peel Road Douglas Isle Of Man IM1 4LP

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 Kevin Skinner, Ref 21/00748/B, for the Erection of a detached dwelling with integral garages at Workshop Athol Place Port Erin Isle Of Man IM9 6HT .

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).

• 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• 2. Prior to the commencement of the development hereby approved, details of the external finishes shown on Drawing No. 1024-001 (such as colours, patterns and other installation details) shall be submitted to and approved in writing by the Department, the development shall not take place other than in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
• 3. The proposed first floor and attic windows to be installed on the rear (south) elevation shall be glazed with obscure glass to Pilkington Level 5 or equivalent and permanently retained as such.

Reason: To safeguard the amenities of adjoining occupiers of 'Shidda' from overlooking and loss of privacy.

• 4. Prior to the commencement of the development hereby approved, a Construction Method Statement which sets out measures to prevent adverse impacts on any nearby watercourse shall be submitted to and approved in writing by the Department, the development shall not take place other than in accordance with that statement.

• Reason: To ensure that there are no adverse impacts on the nearby water course during the construction phase of the approved development.
• 5. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control future development on the site.
• 6. Prior to the dwelling hereby approved being occupied the following shall be available for use and retained as such thereafter:

• - all elements relating to access, parking and turning as shown on the approved plans for retention; and
• - the garaging shown on the approved plans.

Reason: To ensure that the dwelling has appropriate access and sufficient parking and manoeuvring space.

This approval relates to the Photographs and drawings reference numbers; 1024-001, 1024-002, and 21601-S1, all received on 8 July 2021.

This decision has been made for the following reasons(s) The erection of a new dwelling on this site would be an appropriate form of development that does not harm the use and enjoyment of neighbouring properties and has been designed to comply with General Policy 2, Strategic Policy 1, Strategic Policy 10, Housing Policy 4, and Transport Policy 7 of the Isle of Man Strategic Plan 2016, and the Residential Design Guide 2021.

Date of Issue: 10th September 2021

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 £295); 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 £110). 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 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.