DEC Decision Notice

Mr & Mrs Callum Hutchinson Nirvana Ramsey Road Laxey IM4 7PY

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 & Mrs Callum Hutchinson, Ref 20/00894/A, for the Approval in principle for the erection of a dwelling at Land North West Of Ballaragh Old Farmhouse Ballaragh Laxey Isle Of Man .

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 either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019.

• 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
• 3. Approval of the details of siting, design, external appearance, internal layout of buildings, site layout, drainage, landscaping, means of access of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.

Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019.

• 4. 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 and no garages or other free standing buildings shall be erected within the curtilage of the dwelling

hereby approved, other than that expressly authorised by this approval or the reserved matters, shall be carried out, without the separate grant of approval of the Department.

Reason: To control development in the interests of the visual amenity and the character of the area.

• 5. As far as is practicable, material from the barn to be demolished shall be re-used as part of the construction of the dwelling hereby approved and the reserved matters application shall include details for the proposed reuse.

Reason: To ensure that the material is reused in the new dwelling, in the interests of visual amenity and the character of the area.

This approval relates to the submitted documents and drawings LP & SP all received on 5th August 2020.

NOTE Wildlife Act 1990. Bats are listed on Schedule 5 of the Wildlife Act 1990. It is an offence to intentionally or recklessly kill, injure or take, or to damage or destroy, or obstruct access to, any structure or place bats use for shelter or protection, or to disturb bats while they occupy a structure or place which they use for that purpose.

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."

On the basis of the above it is recommended that the advice be sought from DEFA Ecosystems Team.

NOTE The applicant is encouraged to provide a full and comprehensive photographic survey of the barn to be demolished to the Department, in the interest of historical records.

This decision has been made for the following reasons(s) In view of the favourable conclusions set out in respect of the key issues and as the proposal would comply with the extant land use designations and planning policies.

Date of Issue: 12th October 2020

Director of Planning and Building Control

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.