SOC DEC Decision Notice

Application No: 98/0889 ON REVIEW Ref: SEC/JM Town and Country Planning Acts, 1934-1991

ISLE OF MAN PLANNING SCHEME (DEVELOPMENT PLAN) ORDER 1982

To: B H Cowley Design Services Division Department of Transport Sea Terminal Douglas

In pursuance of powers granted under the above Acts and Order the Department of Local Government and the Environment does hereby APPROVE the application made by you on behalf of

Department of Transport

Highway widening and alterations to Braddan School Road, between Braddan Cemetery and Braddan Bridge, Braddan

which was considered on the 4 December 1998, subject to the compliance with the conditions or modifications specified on the attached schedule, numbered 1 to 4.

Date of Issue: 15 December 1998

Murray House, Mount Havelock, Douglas, Isle of Man.

pp D. H. A. S. (signature) Secretary.

Note 1: This permission refers only to that required under the Town & Country Planning Acts and does not include any consent or approval under any other enactment, byelaw, order or regulation.

Note 2: NO WORKS MAY BE COMMENCED UNTIL SUCH TIME AS - a) the time for requesting an appeal in relation to any decision at review has expired; or b) any appeal has been completed.

Note 3: Rights of appeal against the decision of the Planning Committee are attached.

Note 4: An appeal may be requested within a period of 21 days.

1 The development hereby permitted shall be commenced before the expiration of four years from the date of this notice.

2 All new walling must be in natural Manx stone to match the existing, laid and finished to match the existing including vertical stones atop the wall to form a coping.

3 No works may commence until such times as a planting scheme has been submitted to and approved by the Committee where this provides details of the type and location of all new tree planting which must be at a ratio of at least seven new trees for every one tree lost as a result of the scheme.

NOTE: New trees should be native deciduous trees and should also include shrubs which would in time form a screen to the new road and provide continuous cover for wildlife.

NOTE: Tree felling works should be confined to the early autumn period to avoid disturbance to nesting birds and any bats which may be roosting in the existing trees.

4 The applicant must consult the Manx Electricity Authority prior to the commencement of works to establish the precise location and clearance from the underground cable which crosses the site.

NOTE: This review has been considered by the Planning Committee on written evidence. Any additional submissions not previously circulated to interested parties are enclosed herewith.

Isle Of Man Planning Scheme (Development Plan) Order 1982

To: B H Cowley Design Services Division Department of Transport Sea Terminal Douglas

In pursuance of powers granted under the above Acts and Order the Department of Local Government and the Environment does hereby APPROVE the application made by you on behalf of

Department of Transport

Highway widening and alterations to Braddan School Road, between Braddan Cemetery and Braddan Bridge, Braddan

which was considered on the 25 September 1998, subject to the compliance with the conditions or modifications specified on the attached schedule, numbered 1 to 4.

Date of Issue: 5 October 1998

Murray House, Mount Havelock, Douglas, Isle of Man.

Secretary.

Note 1: This permission refers only to that required under the Town & Country Planning Acts and does not include any consent or approval under any other enactment, byelaw, order or regulation.

Note 2: NO WORKS MAY BE COMMENCED UNTIL SUCH TIME AS -

a) the time for requesting a review of the initial decision has expired; or b) any review of the initial decision has been completed; or c) the time for requesting an appeal in relation to any decision at review has expired; or d) any appeal has been completed.

Note 3: Rights of review against the decision are attached.

SCHEDULE OF CONDITIONS Application No. 98/0889

1 The development hereby permitted shall be commenced before the expiration of four years from the date of this notice.

2 All new walling must be in natural Manx stone to match the existing, laid and finished to match the existing including vertical stones atop the wall to form a coping.

3 No works may commence until such times as a planting scheme has been submitted to and approved by the Committee where this provides details of the type and location of all new tree planting which must be at a ratio of at least seven new trees for every one tree lost as a result of the scheme.

NOTE: New trees should be native deciduous trees and should also include shrubs which would in time form a screen to the new road and provide continuous cover for wildlife.

NOTE: Tree felling works should be confined to the early autumn period to avoid disturbance to nesting birds and any bats which may be roosting in the existing trees.

4 The applicant must consult the Manx Electricity Authority prior to the commencement of works to establish the precise location and clearance from the underground cable which crosses the site.

NOTE: This decision was made by the Planning Committee constituted in accordance with Paragraph 2 of Schedule 1 of the Isle of Man Planning Scheme (Development Plan) Order 1982.

Department Of Local Government And The Environment

Isle Of Man Planning Scheme (Development Plan) Order 1982

Notes On Rights Of Review Of The Initial Decision

1. If you are dissatisfied with the initial decision you may, within 21 days from the date of issue of the attached notice, request the Planning Committee to review that initial decision.

Any review request must be in writing, addressed to the Secretary of the Planning Committee, Murray House, Mount Havelock, Douglas.

1. If a review request is made by:-

a) the applicant; b) the owner or occupier of the land; c) the local authority in whose district the said land is situated;

the Planning Committee must accept the request for a review.

1. If a review request is made by a person who submitted a view in respect of the application the Planning Committee must determine whether or not that person has sufficient interest in the subject matter of the decision, before determining whether or not to accept the review request.

IT IS IMPORTANT, if you feel you should be accepted as having sufficient interest, that you inform the Planning Committee of:-

a) the relationship between your land or building(s) and the land that is the subject of the application; and b) how you would be affected by the subject matter of the decision.

1. On receipt of a valid review request, the Planning Committee will inform by letter:-

a) the applicant; b) the owner or occupier of the land; c) the local authority in whose district the said land is situated; d) every other person with sufficient interest in the application.

That it intends to review their decision after a period of 21 days from the date of that letter.

1. Each person will be invited to make further written representations in respect of the application.

You should note that the Committee have the discretion to determine the review on the basis of written evidence, without a hearing, and that such discretion may be exercised.

Any review hearing would be an informal meeting whereby those present may exchange views and, if necessary, call witnesses to explain or expand on any submission.

The purpose of the review hearing is for the Committee to review or reconsider the initial decision having regard to the information given by those at the meeting.

1. Following the review of the initial decision all persons referred to in paragraph 4 above will be advised of the decision and of their rights of appeal against such decision.

General Note

These notes give general guidance only and should not be treated as an authoritative statement of the law in any particular case. If you have any doubt as to your rights, or the procedures to be followed, you should contact the Planning Office of the Department of Local Government and the Environment (3rd Floor), Murray House, Mount Havelock, Douglas (Tel: 685950) who will be pleased to advise you. Copies of the Order may also be purchased from the Central Reference Library, Third Floor, Central Government Offices, Buck’s Road, Douglas.