DEC Decision Notice

BRW Architectural Harp Inn Cross Four Ways Ballasalla ISLE OF MAN IM9 3DH

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Rockfell Ltd, Ref 19/01057/B, for the Conversion and extension of redundant mill to create residential dwelling with additional tourist use at Glen Moar Mill & Glen Moar Tea Rooms Glen Helen Road Laurel Bank St Johns Isle Of Man IM4 3NN .

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. Prior to the undertaking of any works including clearance, two bat emergence surveys shall be submitted to and approved in writing by the Department. These surveys shall be undertaken between May-August and shall identify impacts on bat species together with appropriate mitigation protection measures, and where appropriate include a timetable for its implementation. Reason: To provide adequate safeguards for the bats.
• 3. Prior to the undertaking of any works including clearance, a written method statement for the details and timing of works to be undertaken within the watercourse, shall be provided to and approved in writing by the Department. The works shall be carried out in full accordance with the approved details. Reason: to safeguard the watercourse and any fish within it.
• 4. Prior to the undertaking of any works including clearance, a lighting scheme minimising light spill across the river and tree line shall be first submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details and retained as such thereafter.

• Reason: In the interest of habitats and species (fish/bats).
• 5. The development works hereby approved shall be carried out in full accordance with the approved drawings and approved structural reports.

Reason: The proposed works have been considered on an exceptional basis against Housing Policy 11 and that the original Mill structure is to be retained.

• 6. 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 drawing numbers 20/10/01, 20/10/02, 20/10/03, 20/10/04 and planning statement all date stamped and received 26/05/2020, drawing number 19/24/05 and Structure Report date stamped and received 23/09/2019, and Flood Risk Assessment date stamped and received 09/12/2019.

NOTE The applicant/land owner is to be reminded of their obligations under the Wildlife Act 1990 to not cause spread or growth of invasive plants nor to cause harm to protected species, and their obligations for watercourse management and should review/contact Manx Utilities in relation to watercourse management guidance.

This decision has been made for the following reasons(s) The proposal is considered to comply with Strategic Policy 1, General Policy 3, Housing Policy 11, Environment Policies 1, 2, 3 and 7, Transport Policies 4 and 7, and Business Policies 12 and 13 of the Isle of Man Strategic Plan 2016.

Date of Issue: 25th September 2020

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 £285); and

election to have the appeal conducted by means of an inquiry(a hearing) or by means of written representation. 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.