DEC Decision Notice

Ellis Brown 12 Strathallan Crescent Queens Promenade Douglas IM2 4NR

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 Jimmy Cryer, Ref 21/01462/B, for the Conversion of existing barn to form new dwelling with associated parking at Briarfield Grenaby Road Ballasalla Isle Of Man IM9 3DP.

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 a tree protection scheme shall be submitted to and approved in writing by the Department. Tree protection measures shall be shown on a layout plan accompanied by descriptive text which includes but is not limited to details of;

• a) The location of the trees to be retained and their canopy spreads;
• b) The location of a 'construction exclusion zone'
• c) The position of protective fencing and/or other protective measures required to prevent damage to retained trees.
• d) An appropriate specification for the protective measures proposed.

The development must be carried out in accordance with the approved details. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department.

Reason: required prior to commencement to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality.

• 3. Prior to the commencement of any works, details of all replacement windows, rooflights and doors to be installed shall be submitted to, and approved in writing by, the Department. The development shall take place in accordance with the approved details and retained as such thereafter

Reason: In the interest of retaining the character and interest of the existing barn and confirmation of the use of hardwood.

• 4. With exception to those development works hereby approved the barn shall be retained in full.

Reason: In the interest of preserving the historic interest of the original barn buildings and the development has been considered on an exceptional basis against Housing Policy 11.

• 5. Prior to the undertaking of any other work hereby approved the entrance including visibility splays shall be formed in accordance with drawing No. SP1D, dated 23rd February 2022 and retained as such thereafter. Reason: to ensure that the development has a safe means of access.
• 6. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 and the Town and Country Planning (Permitted Development and Change of Use)(Amendment) Order 2020 (or any Order revoking and/or re-enacting that Order with or without modification), no garages or other free standing buildings shall be erected within the curtilage of the dwelling hereby approved, nor shall the property be extended nor the conservatory roof be re-finished, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.

This decision relates to the following plans and drawings, date stamped received on 6th December 2021:

• o Location/ Block Plan
• o Drawing No. VS1
• o Planning Statement

This decision also relates to drawing No. SP1D, PA1D & S2B received on the 23rd February 2022.

This decision has been made for the following reasons(s) The proposal would sympathetically renovate and reuse existing rural building without substantial harm to the character and appearance of the open countryside, the local environment and ecology, or the highway network. The proposal is considered to accord with Strategic Policy 3, General Policy 3, Environment Policies 1 and 42, Housing Policies 11 and Transport Policy 7 of the Isle of Man Strategic Plan and is recommended for approval, subject to conditions as outlined above.

Date of Issue: 19th May 2022

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 £305); 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 £115). 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.