DEC Decision Notice

GBS Design Services Ltd Mr Geoff Brown Odin's Cottage Ballachrink Farm Colby IM9 4HW

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 Ms Ann Boughton-Leigh, Ref 22/00620/B, for the Conversion of attached garage into living space with first floor extension above with 2 dormer windows to the front and rear and installation of replacement door and windows to garage door. Erection of replacement front porch and installation of a French door to the rear elevation at Hampton Croft Clannagh Road Santon Isle Of Man IM4 2HP .

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• 2. All external facing and roofing materials to be used shall match those of the existing building. Reason: In the interests of the character and appearance of the site and surrounding area.
• 3. 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 fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of Hampton Croft without the prior written approval of the Department.

Reason: To ensure the annex remains ancillary and subservient to the house known as Hampton Croft.

• 4. The annex hereby approved shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as Hampton Croft and shall not be occupied as an independent dwelling unit.

Reason: To ensure proper control of the development in the countryside and to avoid any future undesirable fragmentation of the curtilage.

This approval relates to plans labelled Existing and Proposed Front Elevations, Existing and Proposed Left Elevations, Existing and Proposed Rear Elevations, Existing and Proposed Right Elevations, Existing Site Plan, Existing First Floor Plan, Existing Ground Floor Plan, Proposed Site Plan, Proposed First Floor Plan, Proposed Ground Floor Plan and Location Plan dated 23rd April 2022 and submitted as part of this application.

This decision has been made for the following reasons(s) It is considered that the proposals to alter and slightly extend Hampton Croft are respectful of the main dwelling and providing the annex is controlled to be ancillary to the main dwelling, the proposals amount to sustainable development that accords with General Policy 2, Housing Policy 15 of the Isle of Man Strategic Plan 2016 and with the general principles of the Residential Design Guidance 2021.

Date of Issue: 14th November 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.