198955 — 24/00514/REM | Planning Portal IoM

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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 Mr John Wilson Kempis House Orrisdale Road Ballasalla IM9 3AE 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 Phlash Holdings Limited, Ref 24/00514/REM, for the Reserved Matters application to PA 21/01478/A for the erection of a detached dwelling with associated driveway and landscaping, addressing siting, internal layout, landscaping, drainage, design, and external appearance at Land East Of Watersmeet Phildraw Road Ballasalla Isle Of Man IM9 3DU . 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. The development hereby approved shall not be commenced unless a bat and bird mitigation plan has been submitted to and approved in writing. The mitigation plan shall include the type, specification, location of the bat roost room, bat access tile and bat boxes, new nesting locations suitable for barn swallow, an open fronted next box suitable for wagtails and robins and an integral brick suitable for swifts. Details should also be provided about the measures to be implemented to prevent collisions on to clear glass balustrades. Measures could include use of etching, ultraviolet coatings or decals. The proposals shall be carried out in accordance with the approved details and retained thereafter. Reason: In the interests of protecting and enhancing the biodiversity of the environment.

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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 3. No permission is hereby given for the installation of any external lighting to the barn hereby approved, unless a low level lighting plan, in accordance with the Bar Conservation Trust and Institute of Lighting Professionals Guidance Note 08/23 - Bats and Artificial Lighting (2023), is submitted to and approved in writing to the Department prior to works commencing and this approved lighting scheme shall be installed prior to occupation of the barn and retained thereafter. Reason: To safeguard roosting bats and in the interests of biodiversity. 4. All existing trees shall be retained, unless shown on the approved drawings as being removed. All trees on and immediately adjoining the site shall be protected from damage as a result of works on the site, to the satisfaction of the Department in accordance with British Standard BS5837:2012 (Trees in relation to Design, Demolition and Construction - Recommendations) for the duration of the works on site and the development is completed. In the event that trees become damaged or otherwise defective during such period, the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented. In the event that a tree dies or is wilfully removed without prior consent it shall be replaced as is reasonably practicable and, in any case, by not later than the end of the first available planting season, with trees of such size, species and in such number and positions as may be agreed with the Department. Reason: to ensure the continuity of amenity afforded by existing trees. 5. The flood risk mitigation as stated within section 8.1 of the Flood Risk Assessment dated received on 9th May 2024, and shown on drawing no. 317/022 must be carried out during the construction process. Any alterations to the proposed flood risk mitigations must 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: to ensure that there is adequate flood protection of the site and the application has been considered on the basis of the flood risk management proposed. 6. No development shall be commenced until a soft landscaping scheme has been submitted to and approved in writing by the Department. Such a scheme shall include details of all trees, hedgerows and other planting which are to be retained; details of all other boundary treatment and finished ground levels ; a planting specification to include numbers, density, size, species and positions of all new trees and shrubs; the location of grassed areas and a programme of implementation. All soft landscaping works shall be carried out in accordance with the approved details. The works shall be carried out in full accordance with the programme approved in writing by the Department and retained thereafter. 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. Reason: To ensure the provision of an appropriate landscape setting to the development.

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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 7. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles 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 and turning of vehicles in the interests of highway safety. 8. The replacement tree planting as shown on drawing no. 317/020, shall be carried out in accordance with the planting and maintenance plan landscape scheme (on the proposed site plan), submitted in support of the application. The planting shall be carried out in the first planting season following the completion of the development. Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased, shall be replaced as is reasonably practicable or in the next planting season with others of similar size, species and number as originally approved, unless the Department gives written consent to any variation. Reason: to ensure that replacement tree planting takes place to mitigate the trees already removed to facilitate the development. This decision relates to the following plans and drawings, date stamped received on 9th May 2024; o Covering Letter o Design Statement o Drawing No. 317/001 o Drawing No. 317/002 o Drawing No. 317/020 o Drawing No. 317/021 o Drawing No. 317/022 o Flood Risk Assessment o Drawing No. SK01 Rev A This decision also relates to a Preliminary Ecological Appraisal Report dated received 31st May 2024. This decision has been made for the following reasons(s) The proposal is not considered to result in adverse visual impacts on the site and streetscene, nor detrimental impacts on neighbouring amenity, and the development would be afforded appropriate amenity provisions, meet the parking requirements, and would have acceptable highway safety impacts. Therefore, considered to comply with Strategic Policy 1, 2, 3, 5 & 10, General Policy 2, Housing Policy 4 & 6, Transport Policy 1, 4, 7 and Environment Policy 42 of the Strategic Plan. Date of Issue: 15th October 2024 J CHANCE Director of Planning and

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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 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.