DEC Decision Notice

Architecture In Mann 80 Bucks Road Douglas Isle Of Man IM1 3AF

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 Christopher Hamilton Wedgwood And Mrs Floricar Wedgwood, Ref 20/00144/B, for the Erection of a replacement dwelling at Beulah (formerly An Airidh) Windsor Grove Ramsey Isle Of Man IM8 3ED.

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. 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 extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• 3. Obscure glazing (Pilkington level 5 or equivalent) shall be installed in the following windows and shall be maintained as such thereafter;

North East Elevation - first floor Ensuite and dressing rooms South West Elevation - first floor Bathroom Reason: In tern interests of neighbouring residential amenities.

• 4. 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.
• 5. 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.

• 6. 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 shed, 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.

Reason: To ensure the provision of an appropriate landscape setting to the development and in the interests of neighbouring residential amenities.

• 7. Prior to the commencement of any works, details of the leaded windows are required to be submitted to and approved by the Department and this approved scheme is required to be fully adhered to and retained thereafter.

Reason: In the interest of the visual appearance of the dwelling and in the interest of neighbouring amenities in terms of reducing the potential for overlooking.

• 8. No retained tree shall be cut down, uprooted, destroyed, or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

• 9. Prior to the commencement of the development hereby approved, the protective measures detailed in the Tree Protection Plan (drawing TP-16320) and Arboricultural Method Statement, prepared by Manx Roots and submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process."

Reason: To ensure that trees marked for retention are adequately protected, in the interests maintaining the amenities of the area, site and neigbouring amenities.

This approval relates to the submitted documents and drawings reference numbers 19010 01, 19010 02 A, 19010 03, 19010 04, 19010 05, 19010 07 received on 10th February 2020.

And

19010 02 A, Tree Protection Plan & Arboricultural Method Statement, Arboricultural Impact Assessment, TS-16320, TP-16320 & TR-16320 received on 19th March 2020.

NOTE The applicants are strongly recommended to comply with the recommendations of the submitted Preliminary Assessment for Bats dated 2nd May 2020, undertaken by the Manx Bat Group and that prior to works commencing (demolition of the existing dwelling) that an emergence survey for bats is undertaken on the property to ensure the protection of a Protect Specifies which is an offence to injury, damage or kill such specifies under the Wild Life Act.

This decision has been made for the following reasons(s) It is considered the principle of residential development is appropriate on this site for the reasons indicated, namely being appropriate form of development within the street scene and within the site, and not having a significant adverse impact upon neighbouring amenities, therefore complying with the relevant planning policies listed within the IOMSP and The Residential Design Guide.

Date of Issue: 3rd June 2020

Director of Planning and Building Control

Guidance Note

This decision was made by the Head of Development Management 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
• • 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 £100). 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.