DEC Decision Notice

Kelly Lewthwaite Building Design 23 Market Street Douglas IM1 2PA

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 Declan Kermeen, Ref 22/00458/B, for the Demolition of existing dwelling and erection of replacement 2 storey dwelling and erection of detached garage at Cronk Vane Stoney Mountain Road Eairy Isle Of Man IM4 3HJ.

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. The existing dwelling known as Cronk Vane to the west of the site and the existing sheds directly to the east of the existing dwelling, both identified on Drawing No.1 and the Block Plan forming part of this application, shall be entirely demolished and the ground beneath returned to an agricultural use and condition, to the satisfaction of the Planning Authority, prior to the first occupation of any part of the dwelling and garage hereby approved.

Reason: To ensure the replacement does not result in an additional dwelling in the countryside.

• 3. The driveway to the approved dwelling shown on the proposed plans shall be installed to a hard surface finish, including the complete removal of any barn or shed on the course of that driveway, prior to the commencement of development of the dwelling.

Reason: To ensure suitable access to the site and to ensure the removal of intrusive buildings on which this permission relies.

• 4. The garage(s) hereby approved shall be used for the parking of private cars only and shall not be used for the parking of commercial vehicles and/or for the repair/maintenance of commercial vehicles. Reason: To safeguard the residential character and amenities of the area.
• 5. No development shall commence until a bat survey has been submitted to and approved in writing by the Department. The bat survey shall identify impacts on bat species together with mitigation, where appropriate, including a timetable for its implementation. The development shall not be carried out unless in accordance with the approved details. Reason: To provide adequate safeguards for the bats.
• 6. In the event that contamination is found at any time when carrying out the approved development that was not previously identified, it must be reported in writing immediately to the Department. An investigation and risk assessment must then be undertaken in accordance with the requirements of the Environmental Protection Unit and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of the Environmental Protection Unit which is subject to the approval in writing of the Department.

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Department in accordance with the guidance of the Environmental Protection Unit.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

• 7. No development shall be commenced until a hard and soft landscaping scheme has been submitted to and approved in writing by the Department. Such a scheme shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained; details of all new walls, fences and other boundary treatment and finished ground levels; a planting specification to include native boundary planting; the location of grassed areas details of the hard surface treatment of the open parts of the site and a programme of implementation.

All landscaping shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed in writing with the Department. 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 during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.

Reason: To ensure the provision of an appropriate landscape setting to the development.

• 8. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.

• 9. 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 under the following classes of Schedule 1 of the Order at any time:

• Class 13 - Greenhouses and polytunnels
• Class 14 - Extension of dwellinghouse
• Class 15 - Garden sheds and summer-houses
• Class 16 - Fences, walls and gates
• Class 17 - Private garages and car ports Reason: To control future development on the site.

This approval relates to plans labelled Existing elevations floor plans and photos WL-221547-1, Proposed WL-22-1547-2C, Block Plan WL-22-1547-3, Block Plan proposed Prelim WL-22-1547-4C and Location Plan WL-22-1547-5 dated February, March and April 2022 and submitted as part of this application.

NOTE The applicant's attention is drawn to the provisions of the Building Control Act 1991 which includes specific controls on, and requirements in connection with, demolition of buildings in whole or in part. For further information contact the Building Control Section of the Planning and Building Control Division Tel. 685902.

This decision has been made for the following reasons(s) With the removal of the older house with a more sustainable modern dwelling, a native landscape scheme controlled by planning condition and no other material disadvantages, the proposals are considered sustainable development that accords with Policies GP2, GP3, HP11, HP12 and HP13 of the Isle of Man Strategic Plan 2016 and no other material considerations indicate otherwise.

Date of Issue: 11th 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.