1996 Appeal Decision Notice 94/1573

Please reply to the Chief Executive. Our ref: RAH/MC 3rd September, 1996. Dear Sir/Madam,

ON APPEAL: 94/1573 - Rushen Abbey Properties - Approval in principle for erection of 2 dwellings, Land adjacent to Rushen Abbey, Ballasalla, Malew

I refer to the recent appeal hearing in respect of the above planning application.

In accordance with the provisions of paragraph 7(5) of Schedule 1 to the Isle of Man Planning Scheme (Development Plan) Order 1982, I am enclosing herewith a copy of the report of the person appointed to hear this appeal.

I am directed to advise you that Mr. S. C. Rodan, MHK, who has been appointed to act as deputy to the Minister for Local Government and the Environment in relation to planning appeals in the Minister's absence, has agreed to accept the recommendation of the appointed person. Accordingly, he has directed that the appeal be dismissed and that the decision of the Planning Committee to approve the application be confirmed subject to amendment - please see formal notice of approval appended hereto.

Chief Executive.

TO: 1) Messrs. Gough Kneale, Advocates, Anglo International House, Bank Hill, North Quay, Douglas, IM1 4QE (You ref: RQ/RF); 2) Malew Parish Commissioners; 3) Director of Engineering Design, Department of Transport; 4) Drainage Division, Department of Transport; 5) Advisory Council on Planning and the Environment; 6) Mr. G. R. M. Moore, Messrs. Dickinson, Cruickshank & Co., Advocates for Manx National Heritage, Athol Street, Douglas; 7) J. A. Keefe, The Orchard, Abbey Road, Ballasalla; 8) A. & D. Douglas, Abbey Ford, Rushen Abbey, Ballasalla; 9) SPMC&E, Trelja, Selborne Drive, Douglas; 10) The Editor, IOM Newspapers; 11) Manx Radio Newsroom; 12) The Editor, Peel City Guardian; 13) Manx Broadcasting and Journalism Bureau; 14) Secretary, Planning Appeals; 15) Secretary, Planning Committee; 16) Mr. T. O'Hanlon, Treasury.

Town And Country Planning Acts 1934-1981

Isle Of Man Planning Scheme (Development Plan) Order 1982

TO: 1) Messrs. Gough Kneale, Advocates, Anglo International House, Bank Hill, North Quay, Douglas, IM1 4QE (You ref: RQ/RF); 2) Malew Parish Commissioners; 3) Director of Engineering Design, Department of Transport; 4) Drainage Division, Department of Transport; 5) Advisory Council on Planning and the Environment; 6) Mr. G. R. M. Moore, Messrs. Dickinson, Cruickshank & Co., Advocates for Manx National Heritage, Athol Street, Douglas; 7) J. A. Keefe, The Orchard, Abbey Road, Ballasalla; 8) A. & D. Douglas, Abbey Ford, Rushen Abbey, Ballasalla; 9) SPMC&E, Trelja, Selborne Drive, Douglas; 10) The Editor, IOM Newspapers; 11) Manx Radio Newsroom; 12) The Editor, Peel City Guardian; 13) Manx Broadcasting and Journalism Bureau; 14) Secretary, Planning Appeals; 15) Secretary, Planning Committee; 16) Mr. T. O’Hanlon, Treasury.

In pursuance of his powers under the above Acts and Order the DEPUTY MINISTER for Local Government and the Environment, following report by the appointed person, does hereby APPROVE the application by Rushen Abbey Properties for approval in principle for erection of 2 dwellings, Land adjacent to Rushen Abbey, Ballasalla, Malew, subject to compliance with the conditions or modifications specified on the attached schedule and numbered 1 to 6 inclusive.

Dated this 3rd day of September, 1996.

Murray House, Mount Havelock, Douglas, Isle of Man.

By Order of the Deputy Minister Chief Executive

Note 1: This permission refers only to that required under the Town and Country Planning Acts and does not include any consent or approval under any other enactment, byelaw, order or regulation.

Note 2: A copy of the report of the appointed person is appended hereto.

Pa94/1573 - On Appeal

Ref: RAH/MC

1. The buildings must be used only for domestic purposes.

1. This permission shall be deemed to be an approval in principle for a period of TWO YEARS only and shall not permit any development works prior to the approval of detailed information by the Committee.

1. Details of siting, design, external appearance, internal layout, means of access and landscaping (hereinafter called the reserved matters) must be included in a detailed planning application for consideration by the Planning Committee.

1. All services including electricity and telephone where installed must be laid underground.

1. No development shall take place until there has been submitted to and approved by the Planning Committee a scheme of landscaping, which includes indications of all existing trees and hedges within the site and details of any to be retained together with measures for their protection in the course of construction.

1. The design of the proposed buildings must be undertaken having regard to the status of the land as part of a designated Conservation Area, and the quality of the dwellings to the south of the site. In addition, each dwelling must be designed to be different from each other.

1. The detailed application must include drawings showing the route and depth of all service trenches; such trenches should be located as far as possible from the Scheduled area of the Ancient Monument of Rushen Abbey and from the Rushen Abbey Hotel and car-park. Note: It will be a condition of any detailed approval that Manx National Heritage be given proper opportunity to inspect any service trenches or excavations for foundations prior to the commencement of any building or engineering operations or backfilling.