DEC Decision Notice

BRW Mr Brian Woodard Harp Inn Cross Four Ways Ballasalla IM9 3DH

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 Eric Wright, Ref 21/01333/B, for the Extension to and conversion of existing garage into a self-contained annex for residential use in association with the main dwelling and additional tourist use, and the erection of a detached garage at 1 Mourne View Peel Isle Of Man IM5 1UJ.

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. All external facing and roofing materials to be used shall match those of the existing building in respect of the new garage and alterations to the existing house/garage.. Reason: In the interests of the character and appearance of the site and surrounding area.
• 3. The garage hereby approved shall at all times be made available for the parking of private motor vehicles(s) and shall be retained available for such use. Reason: To provide adequate off-street parking.
• 4. The annex conversion hereby approved in the main house shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling at 1 Mourne View and shall not be occupied as an independent or separate dwelling unit.

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

This decision relates to drawings and information received on; 8th November 2022, referenced;

• 21/15/02 Existing Elevations and Floor plan 6th December 2022, referenced;
• 21/15/03 Rev.B Proposed Site Plan
• 21/15/04 Rev.A Proposed Elevations and floor plan 21/15/01 Rev.A Site Survey dated Sept 2021

This decision has been made for the following reasons(s) It is considered that the proposed development has an acceptable visual impact on the existing dwelling, streetscene and surrounding area, and is not considered to have any adverse or unacceptable impacts on the amenity or living conditions of the neighbours. The proposal is also considered to have an acceptable highway impact. For these reasons the proposal is considered to accord with General Policy 2 (b, c, g, h and i) and with the general principles of the Residential Design Guidance 2021.

Date of Issue: 25th January 2023

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.