DEC Decision Notice
GCA Architects Carmodil Beg Studio Glen Road Ballaugh Isle Of Man IM7 5JD
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 Dalmatian Limited, Ref 18/00538/B, for the Erection of a dwelling including private dog kennels to replace existing farmhouse along with associated landscaping at Ballawhane Farm Leodest Road Andreas Isle Of Man IM7 3EG 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. The dog kennels, activity & food preparation areas and external dog areas as shown on drawing 856.03A shall all be for private use only for the occupants of "Ballawhane Farm" and not for any commercial uses.
Reason: The application has been judged on the basis that the dog kennels, activity & food preparation areas are for private use only and not on any other basis.
- 3. The temporary mobile home as shown on drawing 856.20 and photographs received on the 23.05.18 hereby approved shall be removed from the entire holding of the site and the land restored to its former condition within two and half years of the date of this decision becoming final or once the dwelling is completed, whichever is sooner.
Reason: The building is acceptable only for a temporary period because it meets a specific short-term need due to the number of animals which need to be cared for during the construction period.
- 4. Prior to the commencement of the dwelling (including demolition) a scheme shall be submitted which demonstrates how the existing stonework can be reused as part of the replacement dwelling. Reason: The application proposes to re-use the existing stonework
- 5. Prior to the commencement of the dwelling (including demolition) a scheme shall be submitted which demonstrates what type and size of chimney pots are to be used and these approved details are required to be complete prior to the occupation of the dwelling hereby approved. Reason: In the interest of the visual appearance of the property
- 6. All new windows (with the exception of those windows within the dog kennel building, 1st & 2nd floor gable end windows and the larger two storey hallway glazed section all of the dwelling) shall be vertical sliding sashes with the vertical glazing bars being external stuck and all shall be retained as such. Reason: In the interest of the visual appearance of the property
- 7. 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(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
- 8. No site clearance, preparatory work or development shall take place until all the tree protection fencing as shown on drawing 856.20A have been erected around any existing trees. Unless and until the development has been completed these fences shall not be removed and the protected area are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscaping works.
Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.
- 9. No site clearance, preparatory work or development shall take place until a scheme for the protection of the retained trees, any adjacent trees (a tree protection plan) and an arboricultural method statement, including adequate details of site supervision by a suitably qualified and experienced tree specialist, are prepared in accordance with the recommendations of British Standard BS5837:2012 (Trees in relation to Design, Demolition and Construction -Recommendations) and submitted to and agreed in writing by the Department.
Reason: To ensure that adequate information regarding the protection of retained trees is prepared prior to any works starting on site in order to satisfy the Department that the trees to be retained will not be damaged during demolition or construction and to protect and enhance the appearance and character of the site and locality.
- 10. The tree protection measures and arboricultural method statement approved under condition 8 above, including site supervision by a suitably qualified and experienced tree specialist, shall be adhered to in full.
Reason: To ensure that the development is implemented in accordance with the approved protection measures and construction methods and that professional technical advice is on hand to deal with problems that arise or modifications that become necessary and to avoid any irreversible damage to retained trees.
- 11. The completed schedule of site supervision and monitoring of the arboricultural protection measures as approved in condition 8 shall be submitted for approval in writing by the Department in accordance with the timescale agreed in the Arboricultural Method Statement as per Condition (number). This condition may only be fully discharged on completion of the development, subject to satisfactory written evidence of compliance through contemporaneous supervision and monitoring of the tree protection throughout construction by a suitably qualified and pre-appointed tree specialist.
Reason: In order to ensure compliance with the tree protection and arboricultural supervision details submitted under condition 8.
This approval relates to the submitted documents and drawings reference numbers 856.03A, 856.04B, 856.06, 856.07, 856.09, 856.020 and 856.30 received on 21st May 2018, 21st December 2018 and 15th February 2019.
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.
