123399

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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 J S Associates 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 Julian Wood, Ref 20/00648/B, for the Erection of detached garage / workshop with associated driveway and new vehicular access at Ballakinnag House Shore Road Ballaugh Isle Of Man IM7 5AZ . 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 workshop/garage above hereby approved shall only be used only in association with the main dwelling house "Ballakinnag House" and for purposes incidental to the use of main dwelling house "Ballakinnag House" as a single dwelling and not for commercial purposes. Reason: the dwelling is within a single residential plot within an area not designated for development and has only been considered acceptable for the reasons identified within the application. The application does not propose to create separate units within the site and has not been considered as such. 3. The building shall be used only for the storage of private motor vehicles and items associated with the maintenance and occupation of the site as a whole, including land in the occupants' ownership. Reason: to accord with the justification provided by the applicant for the building. 4. If the use of the garage/workshop hereby approved ceases for period exceeding 12 months, the building and any supporting base shall be removed and the ground restored to

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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 its former condition within 3 months of the date of the cessation, unless a time is otherwise approved in writing by the Department. Reason: The building has been exceptionally approved solely to meet a personal need and its subsequent retention would result in an unwarranted intrusion in the countryside. 5. Prior to being brought into use, the proposed workshop/garage upper external finish shall be finished in dark green and retained as such thereafter. Reason: In the interests of the visual amenities of the area. 6. No development shall be commenced until a soft landscaping scheme has been submitted to and approved in writing by the Department for the area between "Ballatiki" and the workshop/garage. Such a scheme shall include details of all trees, hedgerows and other planting which are to be retained; details of all other boundary treatment and finished ground levels ; a planting specification to include numbers, density, size, species and positions of all new trees and shrubs; the location of grassed areas and a programme of implementation. All soft landscaping works shall be carried out in accordance with the approved details. The works shall be carried out in full accordance with the programme approved in writing by the Department and retained thereafter. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department. Reason: To ensure the provision of an appropriate landscape setting to the development. This decision relates to the following plans and drawings, date stamped received on 23rd June 2020: o Drawing No. 02 o Drawing No. 03 o Drawing No. 04 This approval also relates to drawing No. 05 Rev A which was received on the 20th August 2020 which shows the height of the neighbouring boundary with "Sunsets." NOTE All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to: o intentionally or recklessly kill, injure or take any wild bird o intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in use or being built o intentionally or recklessly take or destroy the egg of any wild bird o 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 dependent young 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 pounds. The bird nesting season is usually between late February and late August or late September in the case of swifts, swallows or house martins. Thorough checks for birds, their active nests and eggs should be undertaken prior to clearance of vegetation. If a nest is discovered while work is being undertaken, all work must stop and advice sought from the Ecosystem Policy Team, DEFA.

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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 This decision has been made for the following reasons(s) Whilst the workshop/barn does not fit within General Policy 3, garages are a common feature within residential curtilages. The workshop/garage is larger than a 'normal' garage but on balance it is considered there will be a minimal impact on the overall area due to structure being an agricultural barn which may not look out of place within the overall area Date of Issue: 29th September 2020 Director of Planning and Building Control

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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 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 £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.