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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 Axis Consulting Engineers Mr T Creer Top Floor, Sovereign House St Johns Isle Of Man IM4 3AJ 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 Patrick Hughes, Ref 24/00170/B, for the Creation of an additional access to improve site access at Ballig Farm West Baldwin Isle Of Man IM4 5EU . 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 before the expiration of four years from the date of this decision notice. Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals. 2. Prior to the commencement of development, a detailed soft landscaping scheme shall be submitted to the Department for approval. The landscaping scheme must contain details of new native broadleaved tree planting and areas of low scrub. The works shall be carried out prior to the occupation of the development and undertaken in full accordance with the approved plans. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department. Thereafter, all soft landscape works shall be permanently retained in accordance with the approved details. Reason: To ensure the provision of an appropriate landscape setting to the development and to assist the creation and management of biodiversity. 3. Prior to the commencement of development, an Arboricultural Methods Statement incorporating details of tree protection measures for retained trees shall be submitted to the
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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 Department for approval. The works shall thereafter be undertaken in full accordance with the approved details. Reason: To ensure the sufficient protection of retained trees within the site and in the interests of biodiversity. This decision relates to the following approved drawings and documents; SK01 RevA - Existing and proposed access plan SK02 RevA - Location plan SK03 RevA - Vehicle tracking plan Arboricultural Impact Assessment Tree Data document OTP-020524 - Outline tree protection plan TR-020524 - Tree removal plan TS-200324-rev1 - Tree constraints plan Received 08.05.24 This decision has been made for the following reasons(s) The proposed works are deemed to be acceptable in principle, whilst significantly improving highway safety, without significant detriment to the character and appearance of the immediate streetscene. Whilst the proposals would result in a short to medium loss of biodiversity due to the degree of required tree removal, it s considered that such a loss can be sufficiently compensated by the introduction of replacement tree planting which can be secured by condition/s. The proposals are therefore deemed to comply with General Policies 2 and 3, Environment Policies 1 and 4 and Transport Policy 4 of the Strategic Plan (2016). Date of Issue: 24th July 2024 J CHANCE Director of Planning and Building Control
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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 Guidance Note This decision was made by a Principal Planner in accordance with the authority delegated to them. 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 £335); 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 £125). 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 (should one have been received) 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.
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