DEC Decision Notice

Horncastle Thomas 20 Athol Street Douglas Isle Of Man IM1 1JA

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 Infrastructure determined to APPROVE a planning application by Mr David Alexander Boothman, Ref 14/00089/GB, for the alterations, erection of extension and combination of existing dwellings to create a single dwelling with housekeepers accommodation, enclosed swimming pool and demolition of existing garages and construction of green roofed garages (In association with 14/00090/CON) at Braeside & Leafield 58 & 60 King Edward Road Onchan Isle Of Man IM3 2AT subject to compliance with the following condition(s):

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.

1. The staff accommodation hereby approved shall not be occupied at any time other than for purposes ancillary to the residential use of the new dwelling hereby approved as identified on the approved plans and shall not be occupied as an independent dwelling unit.

Reason: The Planning Authority would wish to further consider the effect of the staff accommodation being separate accommodation on the integrity of the Registered Building and its setting.

1. No development shall commence until details of the sedum roof have been submitted to and approved in writing by the Planning Authority. The swimming pool shall not be occupied until such time as the sedum roof has been constructed in accordance with the approved details. The sedum roof on the swimming pool shall thereafter be retained at all times in accordance with the approved details.

Reason: To prevent the roof of the swimming pool being used as a general outdoor amenity area to prevent overlooking and loss of privacy experienced by neighbouring residents.

1. Notwithstanding the provisions Class 16 of Part 2 of Schedule 1 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 fencing, walls or means of enclosure shall be erected on or around the roof of the swimming pool.

Reason: To prevent the roof of the swimming pool being used as a general outdoor amenity area to prevent overlooking and loss of privacy experienced by neighbouring residents.

1. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Planning Authority. The development shall not be carried out unless in accordance with the approved details.

Reason: In the interests of the integrity of the Registered Building and its setting.

1. The garaging hereby approved shall at all times be made available for the parking of private motor car(s) and shall be retained available for such use.

Reason: To provide adequate off-street parking.

This approval relates to

Drawing Numbers 02; 04 to 18 (inclusive); 20 to 37 (inclusive); and 39 to 45 (inclusive) received on 24 January 2014; Drawing Numbers 03A and 19A received on 30 May 2014; and Drawing Numbers 38A and 14647-01 received on 11 June 2014.

Date of Issue: 10th July 2014

M Gallagher

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it. This permission refers only to that required under the Town and Country Planning (Development Procedure) (No 2) Order 2013. Any appeal against this decision must be in accordance with Article 8 of the Order.

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 an order made by the Department under Section 1(1) of the Fees and Duties Act 1989 (currently £150);
• 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

http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-appeals/how-to-appeal/

Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.

The proposed development must not be commenced until either;

• The time for requesting an appeal has expired; or
• Any appeal has been determined;

Whichever is the later.

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.

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.