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McGarrigle Architects Ltd 19 Mount Havelock Douglas Isle Of Man IM1 2QG 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 & Mrs David & Wendy Davies, Ref 24/00276/REM, for the Reserved Matters application to PA 21/00365/A for the erection of a dwelling and garage with associated landscaping, addressing siting, landscaping, drainage, design, internal layout and external appearance at Part Of Field 312909 Balladoyne Farm Main Road St Johns Isle Of Man. 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. 2. Prior to the installation of external finishes and materials, a schedule of materials, finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, shall be submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details and retained thereafter. Reason: In the interests of the character and appearance of the site and surrounding area. 3. 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,
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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. 4. No site works or clearance shall be commenced until protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) have been erected around any existing trees. Unless and until the development has been completed these fences shall not be removed and the protected areas 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 landscape works. Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site. 5. The Landscaping of the site must be undertaken as per the Proposed Site Plan (Drawing No. P-03) and retained as such thereafter. All planting, seeding, and earth works comprised in the approved details of landscaping shall be carried out in the first planting and season (November - March) following the substantial completion of the development whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. Thereafter, all soft and hard 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 safeguard the appearance of the development and the surrounding area. 6. The development hereby approved shall not be occupied/brought into use unless the bird and bat boxes, have been installed/constructed in accordance with details submitted. The mitigation bird and bat boxes are to be erected on site as detailed in the details in Proposed Elevations (Drawing No. P-04) and maintained thereafter. Reason: To provide adequate safeguards for the ecological species existing in the locality. 7. No external lighting shall be installed or operated within the site other than in accordance with the scheme of low level lighting (designed in accordance with the recommendations outlined in the BCT and Il-P Guidance Note 8 Bats and Artificial Lighting (12 September 2018), which shall be submitted to and approved in writing by the Department, and maintained thereafter. Reason: In the interest of visual amenity and to protect and enhance wildlife interests. 8. The development hereby approved shall not be occupied or brought into use until the service road, parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than for access, movement, and
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parking associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking in the interests of highway safety. This decision relates to the documents and plans received 10 March 2024, and correspondence from the Applicant's Agent received 30 April 2024. NOTE This decision has been made for the following reasons(s) Overall, it is considered the proposal would not have any significant impact upon public or private amenity, would not harm the character and quality of the immediate vicinity and surrounding landscape, or result in adverse impact of parking and highway safety, and drainage. The proposal would, therefore, comply with General Policy 2, Housing Policy 4 & 6, Transport Policy 4 and 7, Strategic Policies 1, 2, 4 and 5, and Environment Policies 4 and 5 of the Isle of Man Strategic Plan 2016, Residential Design Guide 2021 and the St John's Local Plan. Date of Issue: 15th August 2024 J CHANCE Director of Planning and Building Control
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Guidance Note This decision was made by the Acting Head of Development Management 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 £355); 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 £130). 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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