DEC Decision Notice

Manx Solar Electrical Ltd Unit B2 Eden Business Park Cooil Road Braddan IM4 2AY

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 Alan Presford, Ref 20/00533/B, for the Installation of 28 solar panels to gable wall and installation of a heat pump at The Haven Windsor Mount Ramsey Isle Of Man IM8 3EA.

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. The heat pump hereby approved must not result in a noise that exceeds 42 dB LAeq 5 mins where "LAeq 5 mins" means the A-weighted equivalent continuous sound pressure level over 5 minutes when measured at 1 metre external to the centre point of any relevant door or window to any neighbouring building as measured perpendicular to the plane of that relevant door or window.

Reason: for the avoidance of doubt and to safeguard the neighbouring property from unnecessary noise in accordance with General Policy 2.

• 3. The external facing wall where the solar panels are to be installed shall be painted to match the proposed solar panels and retained as such thereafter. Reason: In the interests of the character and appearance of the site and surrounding area.

This decision relates to the following plans and drawings, date stamped received on 29th May 2020

• o MSE_PRES_01
• o MSE_PRES_02

This decision also relates the MCS calculations given and the correct details for the air source heat pump sent via email on the 7th September 2020

This decision has been made for the following reasons(s) The solar panels and the air source heat pump are considered to accord with General Policy 2, Paragraph 12.2.8, Environment Policy 22 and Energy Policy 4 of the Isle of Man Strategic Plan, as well as wider Government climate change strategy.

Date of Issue: 9th November 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
•  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.