Appeal Letter and Notice

Department of Environment, Food and Agriculture

Rheynn Chymmyltaght, Bee as Eirinys

Mr Mark Pearce 12 Strathallan Crescent Douglas Isle Of Man IM2 4NR

Telephone (01624) 685958 Email: [email protected] Contact: Scott Gallacher Our Ref: MEC /AP24/0047 Date: 11th February 2025

Dear Sir/Madam,

On Appeal

Appeal Ref: AP 24/0047 PA No: 23/00606/B Address: Field 314758 And 312909 Main Road St Johns Isle Of Man Proposal: Construction of 3 garages to plots 4 and 5 and foul drainage connection of previously approved and commenced development PA 20/00787/B and PA 19/01324/B

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

In accordance with the provisions of The Town and Country Planning (Development Procedure) Order 2019, I herewith give notice of the appeal decision.

The Minister for Environment, Food and Agriculture, the Hon C Barber MHK, has considered the report, concurs with the appointed person’s conclusions, and accepts the recommendation that the appeal should be dismissed. Accordingly, she has directed that the Department’s decision to approve the application should be upheld, and that the application should be Approved subject to conditions. Formal notice of this decision is attached.

Yours faithfully,

Scott Gallacher Chief Officer

cc. Mr Mark Pearce, 12 Strathallan Crescent, Douglas, Isle Of Man, IM2 4NR

The Town And Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2019

Mr Mark Pearce 12 Strathallan Crescent Douglas Isle Of Man IM2 4NR

Appeal Ref: AP24/0047

In pursuance of her powers under the above Act and Order/Regulations, the Minister for the Department of the Environment, Food and Agriculture, the Hon C Barber MHK does hereby in the name of and on behalf of the Department APPROVE planning application 23/00606/B by Mr Mark Pearce for Construction of 3 garages to plots 4 and 5 and foul drainage connection of previously approved and commenced development PA 20/00787/B and PA 19/01324/B - Field 314758 And 312909 Main Road St Johns Isle Of Man subject to the following conditions:-

Conditions Of Approval:

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.

1. The construction exclusions zones and protection measures shall be fully implemented and monitored as detailed on drawing number 0725/PL103 Rev C-12-B and retained for the duration of the construction works approved under this application.

Reason: To ensure that the agreed CEZ areas including tree, hedging and cairn site protection measures are properly implemented, in the interests of preserving and safeguarding ecology, archaeology and soft landscaping of the wider site.

1. Prior to the first use of any of the garages hereby approved, the permanent dwelling to which they are to be associated shall be constructed to eaves level.

Reason: To ensure no standalone garages without associated dwelling structures.

1. Notwithstanding the indicative detail shown on drawing number 0725/PL103 Rev C-12-B, no approval is granted to any access route to Plot 6.

Reason: For the avoidance of doubt and in the interest of appropriately safeguarding the archaeological remains of the Cairn site. Such access is to be dealt with by condition of 20/00787/B or by separate application.

1. Notwithstanding the access route shown on drawing 0725/PL103 Rev C-12-B, no approval is granted to any vehicle access route from the A1 Peel Road through field 312711.

Reason: For the avoidance of doubt as this application does not include such works which are dealt with and covered under 20/00787/B only.

1. The fencing measures to restrict the movement of construction vehicles relating to the approved development through the Balladoyne Estate shall remain as shown and detailed on drawing number 0725/PL103 C-12-B and retained for the full duration of the construction works hereby approved.

Reason: To align with 20/00787/B in that there shall be no construction access via Balladoyne estate in the interest of highway safety and neighbouring amenity.

1. Prior to the commencement of any works in relation to any garage at Plot 5, any foul drainage to Plot 6 or any rainwater or surface water drainage or soakaways connected to the garages at Plot 5, details of a watching brief for all those works should be submitted to and approved in writing by the Department. This information shall include (but not be limited to) details of suitably appointed persons, extent of groundworks proposed, groundworks method statement, protective measures including construction exclusions zones, action in the event of any archaeological or other feature of interest being found and method of recording. The works shall only be carried out in full accordance with the watching brief details approved.

Reason: To ensure proper protection of archaeological remains and features.

PLANS: This approval relates to the following documents, information and drawings:

Dwg No. 0725/PL600 - Existing Site Layout Dwg No. 0725/BR4/PL602 - Proposed Garage to Plot 4 Dwg 0725-PL103 Rev C-12-B Proposed Site Layout Dwg 0725-PL601 Rev A - Proposed Plot 5 Garage Dwg 0725-101-C - Drainage Details

Reasons for Approval

The application is considered to be acceptable subject to conditions relating to an archaeological watching brief and construction exclusion zones to ensure compliance with Strategic Policy 4, Environment Policies 40 and 41 and Environment Policy 4 of the Isle of Man Strategic Plan 2016 (IMSP) to protect a historic Cairn and local ecology. The design of the garages is considered acceptable with respect to visual impact and neighbouring amenity in line with General Policy 2 of the IMSP and sufficient information has been provided and accepted by Manx Utilities to demonstrate satisfactory drainage in line with section 11.8 of the IMSP.

Date of issue 11th February 2025 By Order of the Minister

Scott Gallacher Chief Officer

Note 1: A copy of the report of the appointed person is appended hereto.

Note 2: All parties should note that there is no prescribed right of appeal relevant to the Minister’s decision herein and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within 3 months.

Note 3: The letter which accompanies this notice forms part of the notice in accordance with Article 13 (3) of the Town & Country Planning (Development Procedure) Order 2019.