DEC Decision Notice

Nicholas Percival 26 Berkeley Street Douglas IM2 3QA

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 Browne Craine And Co Ltd, Ref 18/01073/B, for the Landscaping works to create additional parking area within grounds of property at Burleigh Manor Peel Road Douglas Isle Of Man IM1 5EP 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. A Root Protection and No-Dig Area of at least 5 metres distance from the base of mature trees within the site shall be established during the construction period of the parking area hereby approved and maintained in situ thereafter unless otherwise authorised by the Department.

Reason: In order to protect groups of mature trees located within the site, maintain the ecological amenity of the site and protect the visual character of the site which is beneficial to the amenity of the local street scene

This decision relates to the following documents: Schedule Drawing- No 1; Schedule Drawing No.2; Area Plan No.3 - Trees and Shrubs; Drawing No.4 - Change of Levels; Drawing 5 - Change of Level Notes; Drawing No 6 - The Formal Tree Inspection Report prepared by Manx Roots Tree Management dated 13th April 2018 and additional photographic evidence of the progress of the work (5 photographs) were submitted in support of the application, dated stamped and received on 15th October 2018. An additional supporting letter from the applicant clarifying the scope of the works was also submitted, date stamped and received on 8th February 2018.

NOTE For information, mature trees within the vicinity of the site are identified as potential habitats of protected bats species in accordance with the requirements of Schedules 1-8 of the Wildlife Act 1990. Works that would be likely to affect any mature trees within the vicinity of the site would require a bat roost survey and checks before any work is undertaken. Should any evidence of a bat presence be found during the work, work must stop immediately and a licensed bat worker be contacted.

Date of Issue: 20th March 2019

Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner in accordance with the authority delegated to them.

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.