DEC Decision Notice

Penketh - Millar 23 West Quay Ramsey Isle Of Man IM8 1DL

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Registered Buildings) Regulations 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 Mr & Mrs David Thomasson, Ref 24/00428/CON, for the Demolition of porch, outbuilding, lean-to glass house and sections of the South-West elevation to facilitate elements in planning application 24/00419/B at 2 Amulree Glen Road Laxey Isle Of Man IM4 7AJ .

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 works hereby granted registered building consent shall be begun before the expiration of four years from the date of this consent.

Reason: To comply with paragraph 2(2)(a) of schedule 3 of the Town and Country Planning Act 1999 and to avoid the accumulation of unimplemented registered building consents.

• 2. Demolition of the porch, outbuilding and sections of the South-West elevation must not be undertaken outside of the bat hibernation period and so should not take place between the 1st of October and the 31st of March in any year.

The applicant must make sure that checks for bats are made around the building prior to any work taking place.

Should bats, or evidence of bats such as staining or bat droppings be found then any other work that has commenced must stop and advice be obtained from the Ecosystem Policy Team on 01624 651577 or the Manx Bat Group Helpline 07624 366177.

Reason: In accordance with good practice to protect habitat in accordance with General Policy 2(d) of the Isle of Man Strategic Plan 2016.

• 3. Demolition shall proceed only in accordance with the measures outlined in the document submitted on the 2nd of July 2024, 'Works within 9m of a watercourse'.

Reason: For avoidance of doubt and to protect a tributary of the River Laxey in accordance with Environment Policy 7 of the Isle of Man Strategic Plan 2016.

This decision relates to the following detail, plans and drawings received on the 10th of June 2024; o Site & Location Plans, Drawing no.23 1789/01/A

This decision has been made for the following reasons(s)

• 1) In applying great weight to the preservation and enhancement of the Laxey Conservation Area, having regard to Section 18(4) of the Town and Country Act (1999) to preserve and enhance assets, in conjunction with the Isle of Man Strategic Plan 2016 Policies Environment Policy 35 and 39 and, Planning Policy Statement 1/01 it is considered that loss of the lean-to greenhouse and flat roofed outbuilding would not cause undue harm to the Laxey Conservation Area or the character of the dwellinghouse.
• 2) In applying great weight to the preservation and enhancement of the Laxey Conservation Area, having regard to Section 18(4) of the Town and Country Act (1999) to preserve and enhance assets, in conjunction with the Isle of Man Strategic Plan 2016 Policies Environment Policy 35 and 39 and, Planning Policy Statement 1/01 it is considered that loss of the porch would cause harm to the building within the Laxey Conservation Area and less than significant harm to the Laxey Conservation Area provided that either the wall is made good to match the existing elevation or any replacement reflects the character of the porch on the adjacent dwellinghouse or is a clear modern addition.
• 3) In weighing up the planning balance it is considered that demolition of sections of the South-West elevation would cause harm due to the loss of the windows. However, taking into consideration the proposed modern extension, that harm would be outweighed by the modern better insulated addition subject to separate permission under 24/00419/B.

Date of Issue: 3rd July 2024

J CHANCE Director of Planning and Building Control

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).

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.