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Bank Chambers, 15-19 Athol Street, Douglas, Isle of Man IM1 1LB Telephone +44 (0)1624 623195, Facsimile +44 (0)1624 676763 Website www.callinwild.com Email [email protected]

Your Ref Our Ref KLC/tc/O1029.187

14 June 2016

Planning and Building Control Directorate Department of Environment, Food and Agriculture Murray House Mount Havelock Douglas Isle of Man IM1 2SF

Dear Sirs,

Re: Application Number: 16/00523/B Proposal: Installation of a Bio Disc Unit Address: Groudle Glen House, King Edward Road, Onchan IM3 2JY Applicant: Ms Anna Kawalek Our Client: Onchan District Commissioners

We are writing to advise that we have been instructed to act on behalf of Onchan District Commissioners ("the Commissioners") in respect of a Planning Application submitted by Ms Kawalek for the installation of a Bio Disc Unit at her property. More particularly, the Commissioners have asked us to write on their behalf to set out their objections to the proposed Application.

The Commissioners are the owners of areas of land within the vicinity of Ms Kawalek's property and further, they have certain responsibilities for the provision of sewerage systems within the vicinity of Onchan pursuant to the Sewerage Act 1999 ("the 1999 Act").

In accordance with the duties and obligations of the Commissioners, on 29 September 2015 the Commissioners issued a Notice to Ms Kawalek under s.29 of the 1999 Act requiring her to renew, repair or cleanse the private sewerage treatment plant and associated pumps and pipe work in order to properly treat all foul water and effluent which was discharged into the said plant ("the Notice"). For completeness, a copy of the Notice is attached hereto.

Following service of the Notice upon Ms Kawalek, an appeal was lodged alleging, inter alia, that some other person or persons ought to contribute to the expenses of executing any required works. More particularly, Ms Kawalek argued that the owners of other properties who utilise the existing private system should contribute to the costs of the works.

The appeal was opposed and on 6 May 2016 the appeal was withdrawn.

In the circumstances, it is the opinion of the Commissioners that it is now the responsibility of Ms Kawalek to ensure that she complies with the Notice, such compliance to include the repair and

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maintenance of the whole of the system including that which serves the owners of other properties in the vicinity. It is the opinion of the Commissioners that the installation of a system which will serve only Ms Kawalek's property is not sufficient to comply with the Notice.

In the circumstances, the Commissioners oppose the Planning Application for the following reasons:-

1. Whilst it is accepted that the land plan is entirely clear, it is the opinion of the Commissioners that Ms Kawalek does not own the land upon which she wishes to site the Bio Disc Unit. Indeed the Commissioners consider that the land in question is owned by them.
2. Assuming that is the case, the Commissioners have confirmed that there is no agreement in place, nor indeed would one be entered into if the relevant request was made, to sell the relevant land to Ms Kawalek. The basis for this is her apparent failure to seek to comply with the Notice for the reasons given above.
3. In addition to the above, it is the opinion of the Commissioners that no permission should be granted to supply a sewerage system directly next to a public footpath.
4. It is noted that pursuant to the Building Regulations, any sewerage system should be 15 metres away from any dwelling. It does not appear from the Planning Application submitted by Ms Kawalek that this is in fact the case.
5. Further, within the Planning Application Ms Kawalek has neglected to show how the effluent would be piped away. It is the view of the Commissioners that any trenching / pipe laying to carry away effluent would require the Commissioners to grant a wayleave and the same has not been sought by Ms Kawalek. For the avoidance of doubt, given the concerns of the Commissioners about the apparent failure of Ms Kawalek to comply with the Notice they would not in any event give the relevant consent.

We do wish to make it clear that the Commissioners are happy to liaise with Ms Kawalek or indeed the owners of any other properties in the vicinity so as to ensure that a solution can be found that would comply with the Notice. At present however there is a concern that what is proposed by Ms Kawalek will not ensure compliance and it is for this reason that the Commissioners object to the Planning Application.

We trust that this is of assistance.

Yours faithfully

Callin Wild

NOTICE DR 01/2015

SEWERAGE ACT 1999

SECTION 29

NOTICE TO OWNER OR OCCUPIER REQUIRING DRAINAGE WORKS

To: Ms Anna Kawalek

Of: Groudle Glen House Groudle King Edward Road Onchan

owner of Groudle Glen House, Groudle, King Edward Road, Onchan IM3 2JY (formerly known as 'La Casa', formerly known as 'Groudle Glen Hotel').

Whereas it appears to Onchan District Commissioners that in the case of the above building

a private sewage treatment plant and associated pumps and pipework provided for the building is in such a condition as to be prejudicial to health or a nuisance

1. TAKE NOTICE that pursuant to Section 29(2) of the Sewerage Act 1999 the local authority requires you as the owner of the above building to do such work as may be necessary

for renewing, repairing or cleansing the said private sewage treatment plant and associated pumps and pipework in order to properly treat all foul water and effluent discharged into the said plant

within 9 months after the service of this notice on you.

2. You may within 21 days after service of this notice on you appeal to the High Bailiff on any of the following grounds which are appropriate in the circumstances of the particular case –

(a) the notice or requirement is not justified by the terms of Section 29 of the Sewerage Act 1999; (b) that there has been some informality, defect or error in, or in connection with, the notice; (c) that the local authority has refused unreasonably to approve the execution of alternative works, or that the works required by the notice to be executed are otherwise unreasonable in character or extent, or are unnecessary; (d) that the time within which the works are to be executed is not reasonably sufficient for the purpose;

(e) that the notice might lawfully have been served on the occupier of the premises in question instead of on the owner, or on the owner instead of on the occupier, and that it would have been equitable for it to have been served so;

(f) where the works are for the common benefit of the premises in question and other premises, that some other person, being the owner or occupier of the premises to be benefited, ought to contribute towards the expenses of executing any works required.

3. Subject to any order made on appeal, if you fail to comply with this notice within the time specified –

(a) you will be guilty of an offence and liable on summary conviction to a fine not exceeding £2,500 and to a further fine not exceeding £40 for each day on which the default continues after conviction; and

(b) the local authority may itself execute the works and recover from you the expenses reasonably incurred by it in doing so.

Dated 29 SEPT 2015

Signed

Mr P M Hulme Chief Executive/Clerk to Onchan District Commissioners

Onchan District Commissioners 79 Main Road Onchan IM3 1RD Tel. 675564