DEC Decision Notice

Denning Millar Projects Ltd Ballacrebbin Farm Bernahara Road Andreas IM7 3HJ

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Peel Town Commissioners, Ref 18/01128/B, for the Alterations to internal road layout and access, creation of a children's play area, parking spaces, and a bus stop layby and removal of trees and planting of replacements at Swimming Pool Derby Road Peel Isle Of Man IM5 1SW subject to compliance with the following condition(s) and notes (if any):

• 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• 2. Notwithstanding drawings P02 and P01a, the proposed layby may not be used for the parking of buses or coaches. Prior to the creation of the layby, a scheme must be approved by the Department which prevents the lawful use of the layby by buses or coaches and which restricts the use of the layby to dropping off and picking up only. The development must be undertaken in accordance with this scheme and the restrictions put in place prior to the use of the layby and retained as such.

Reason: The parking of larger vehicles within the layby for longer periods of time would impede visibility of and from the new access, contrary to the interests of highway safety.

• 3. Prior to the installation of any play equipment, details of the proposed fencing, if this is to be anything other than 1m high vertical timber spaced fencing, must be approved by the Department and the development carried out in accordance with these details. No other fencing may be erected.

Reason: The site is adjacent to the highway and if overly high or of an inappropriate design could have an unacceptable impact on the appearance and character of the area.

• 4. The development must include provision to prevent pedestrians from running straight from the pool entrance onto Derby Road, possibly in the form of staggered railings on the path. Details of this must be approved by the Department prior to the completion of the scheme and the development carried out in accordance with these details and the approved provisions must be retained thereafter.

Reason: In the interests of pedestrian and highway safety. This decision relates to drawings P00, P02 and P03 all received on 26th October, 2018 and P01A received on 20th November, 2018.

Date of Issue: 5th March 2019

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

All correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.

https://www.gov.im/planningapplication/services/planning/search.iom This decision refers only to that applied for under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

•  Payment of a planning appeal fee as prescribed in the Town and Country Planning (Application and Appeal Fees) (No2) Order 2016 (currently £175);
•  The reasons for making the appeal; and
•  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

PleasenotethatifthecountercopyoftheapplicationisnotcollectedwithinTHIRTY DAYS following the last date on which a planning appeal can be made it will be destroyedwithoutfurthernotice.