DEC Decision Notice

Wilson Consulting Limited Kempis House Orrisdale Road Ballasalla Isle Of Man IM9 3AE

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 Robert & Mrs Grizelda Taylor, Ref 22/00827/B, for the Demolish existing detached house and build a replacement detached dwelling at Rheaby Beg Main Road Glen Maye Isle Of Man IM5 3AU.

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 roof(s) must be finished in either dark natural slate or a material which has first been approved in writing by the Department and retained as such thereafter. Reason: To ensure a suitable finish to the proposed dwelling.
• 2. 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 Class 21 - Decking Reason: To control future development on the site.

• 3. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than 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.
• 4. The fenestration details of the proposed building hereby approved must be a dark grey colour, or as otherwise agreed in writing by the department and being retained thereafter. Reason: In the interests of the character and appearance of the site and surrounding area.
• 5. Prior to the erection of the replacement dwelling hereby approved, a definitive plan and proposed boundary fencing and or hedge planting treatment delineating the extent of the residential curtilage and scheme of implementations, shall be submitted to and approved in writing by the Department. The development shall be undertaken in accordance with the approved details and maintained as such thereafter.

Reason: To reinforce the boundary of residential curtilage In the interest of visual amenity of the Countryside.

• 6. Prior to the erection of the new dwelling, a swallow mitigation plan shall be provided to and approved in writing by the Department. The plan should include details of swallow cups to be erected on the site / building(s). Details should include the numbers to be installed, their location, type and timescales for their installation. REASON: To ensure suitable nesting habitats for migrating swallows.
• 7. The agricultural buildings must be used only for the storage of plant and machinery in conjunction with the management of the land.

Reason: the countryside is protected from development and an exception is being made on the basis of agricultural need. As such the building must be used for the purposes for which it is approved.

• 8. The external walls, doors and roof on the new agricultural building must be a dark green colour and the roof a dark green colour all being retained thereafter. Reason: In the interests of the character and appearance of the site and surrounding area.
• 9. The Agricultural Building shall be for private (not commercial) use only and associated with Rheaby Beg, Main Road Glen Maye and the land defined in red and blue on plan reference 280/001 (location plan) as submitted. Reason: In view of the location of the site in this rural part of the countryside; the Department does not consider the site suitable for anything other than private use.
• 10. Prior to the erection of the proposed dwelling and agricultural building full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of grassed areas and new planting (including tree planting) showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted. No excavation works or changes to site levels shall be carried out other than in accordance with the approved details.

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

• 11. Development shall not commence until a programme of historic building recording of the buildings affected by the development has been undertaken and submitted to and agreed in writing by the Department. The programme of building recording must be undertaken in accordance with Level Two as set out in Understanding Historic Buildings: A guide to good recording practice

Reason: To ensure and safeguard the recording and inspection of matters of archaeological/historical importance associated with the building/site that will be lost in the course of works.

• 12. Prior to the erection of the new dwelling, a schedule of materials and finishes including non reflective glazing and samples or trade literature 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.
• 13. 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.

• 14. Prior to the commencement of any works an Energy Statement shall be submitted and approved in writing by the Department (planning) which demonstrates the new dwellings has a Standard Assessment Procedure (SAP) rating of at least 93 (or similar rating system) and prior to the occupation of the dwelling a further Energy Statement post completion shall be submitted to and approved in writing by the Department (planning) to demonstrate that the SAP rating of at least 93 (or similar rating system) has been achieved.

Reason: A reason why the application is considered acceptable is due to the overall environmental impacts as outlined on Housing Policy 14 and namely the eco efficiency credentials of the new dwelling as noted by the agents.

This decision relates to drawings and supporting information received on 13 July 2022, referenced; 280/001, 280/002, 280/020, 280/021, 280/022, and 280/023, Design statement, topographical survey and CGI photomontage.

NOTE Nesting birds are legally protected under the Wildlife Act 1990 and this includes protection from recklessness. All birds, their nests, eggs and young are protected and it is an offence to: intentionally or recklessly kill, injure or take any wild bird intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in use or being built intentionally or recklessly take or destroy the egg of any wild bird

intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependentyoung of such a bird.

The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine up to £10,000.

The bird nesting season is usually between late February and late August or late September in the case of swallows or house martins. Additionally, pigeons have been known to nest year-round should conditions be suitable. Should the applicant not obtain the services of an ecologist, contrary to our advice, then they must undertake thorough checks for bats and birds prior to the demolition of the building. Demolition without thorough checks would be considered reckless. The presence of bats and birds will not stop the demolition from taking place, but provision must be made for their ongoing protection. Mitigation should also be provided for the loss of any roosting or nesting space.

This decision has been made for the following reasons(s) The planning committee deemed the proposed application for a replacement dwelling in the countryside would meet the exception given in Housing Policy 14 for innovative and modern design that is of high quality. Given its setting and the proposed land management would not result in adverse visual impact upon the countryside and would inadvertantly comply with Environmental Policy 1 of the Strategic Plan (2016).

Date of Issue: 29th March 2023

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

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 (should one have been received) 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.