DEC Decision Notice

Haven Homes Limited The Old Chapel 32-34 Malew Street Castletown IM9 1AF

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 Haven Homes Limited, Ref 21/00853/B, for the Erection of two dwellings (amendment to approved under PA 18/00524/B) at Plots 61-62 "The Meadows" Field 434021 And 434031 At Douglas Road And Victoria Road Castletown IM10 1MM.

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 occupation of any dwelling, the respective car parking shall be constructed as indicated on the approved plans and shall remain as approved for the duration of occupation of the development.

Reason: to minimise on-street car parking that could be detrimental to the operation of the highway.

• 3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 or any Order superseding this, no fencing or walling which abuts any area of Public Open Space, highway or at the rear of plots 49-56 may be introduced other than in accordance with details as approved under C2 of PA 18/00524/B or unless otherwise submitted to and approved in writing by the Department and retained as such thereafter.

Reason: In the interest of marrying with original approval 18/00524/B and the introduction of inappropriate fencing or walling could adversely affect the character of the development or the health of existing trees or both.

This approval relates to drawing numbers:

073.00 073.01 073.02 073.03 Planning Statement

all date received 21/07/2021. This decision has been made for the following reasons(s) The application meet the tests of General Policy 2 of the IOMSP, the guidance set out in the Residential Design Guidance 2021, the land use zoning set out in the Area Plan for the South 2013 and Community Policies 7, 10 and 11 and Transport Policy 11. A condition ensuring the off road parking is provided prior to occupation of any dwelling is necessary to prevent on-street parking and a suitably worded fencing condition to marry with extant approval 18/00524/B.

Date of Issue: 23rd September 2021

Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner 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.