DEC Decision Notice

James Vickers The Vicarage Willow Lane Eairy Douglas IM4 3HP

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 & Mrs John Eugene And Kathryn Anne Humphrey, Ref 22/00077/B, for the Erection of dwelling and attached garage with annex and creation of vehicular access at Land Adjacent To Longmead Ballakillowey Road Colby Isle Of Man .

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 development on site including any clearance works, details for the method of protecting the existing trees and hedging on site shall be submitted to and approved in writing by the Department. All works must be carried out in accordance with the agreed details and the method of protection only removed on completion of the development works. Reason: in the interest of visual amenity and landscape setting.
• 3. Prior to the occupation of the dwelling hereby approved a detailed schedule of the stone and timber or composite vertical cladding materials shall be submitted to and approved in writing by the Department. The works shall be carried out in full accordance with the cladding details agreed and retained as such thereafter. Reason: In the interest of visual amenity.
• 4. Prior to the occupation of the dwelling hereby approved a hard and soft landscaping scheme shall submitted to and approved in writing by the Department. Such a scheme shall include details of all driveway surfaces, new walls, fences, Manx banks, trees, hedgerows

and any other planting and boundary treatments and shall also include a planting specification [numbers, density, size, species and positions of all new trees and shrubs] and a programme of implementation.

The works shall be carried out within the first planting season following the occupation of the development and in accordance with the programme agreed in writing with the Department and retained thereafter. 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 with the same species within the next planting season unless otherwise approved in writing by the Department and retained thereafter.

Reason: To ensure the provision of an appropriate landscape setting to the development in the interest of visual amenity and ecology, and in the interest of highway safety in respect of driveway finishes.

• 5. Prior to the occupation of the dwelling hereby approved the access, parking and turning areas must be provided in accordance with the approved plans. Such areas shall not be used for any purpose other than for access and the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

• 6. Prior to the occupation of the dwelling hereby approved the visibility splays shall be constructed in full accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1.05m in height above adjoining carriageway level. Reason: In the interests of highway safety.
• 7. 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 development shall be undertaken in accordance with any of the following Classes of Schedule 1 of the Order at any time:

• o Class 14 Extension of dwellinghouse
• o Class 17 Private garages and car ports Reason: To control development in the interests of the visual and neighbouring amenities
• of the surrounding area. This approval relates to the following all date received 20/01/2022:

• JH-21-11 Rev A
• JH-21-12 Rev A
• JH-21-13 Rev A
• JH-21-14 Rev A Planning Statement.

This decision has been made for the following reasons(s) Subject to conditions relating to access, landscaping and external materials the application is considered to have an acceptable visual and amenity impact that complies with D15 of the Area Plan for the South 2013, and with Strategic Policies 3 and 5, General Policy 2 and Environment Policy 42 of the Isle of Man Strategic Plan and which is also considered to meet the tests of the Residential Design Guidance 2021.

Date of Issue: 7th April 2022

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 £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.