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Government
Institute of the Minister
Government
of the Minister
and Chief Executive
| Contact: | Christine Wilson | | --- | --- | | Telephone: | (01624) 686603 | | Fax: | (01624) 686617 | | Email: | [email protected] | | Our Ref: | NB/cw | | Date: | 17th December 2014 |
Government
Institute of the Minister
Government
institute of the Minister
and Chief Executive
| Contact: | Christine Wilson | | --- | --- | | Telephone: | (01624) 686603 | | Fax: | (01624) 686617 | | Email: | [email protected] | | Our Ref: | NB/cw | | Date: | 17th December 2014 |
Forest Homes Development Limited 67 Derby Road Douglas ISLE OF MAN IM2 3EA
Dear Sir / Madam
Re: On Appeal : Application No. 13/91198/REM : Proposal Reserve matters application for the erection of 2 replacement dwellings and associated parking, Clypse Mooar Cottages, Clypse, Onchan IM4 5BGT
Applicant: Forest Homes Development Limited Appellant: Forest Homes Development Limited
I refer to the above matter and the Department's letter to you of 14th October 2014 together with the decision notice of the same date.
Minister Gawne MHK recommended approval of the above planning application for reserve matters for the erection of two replacement dwellings with associated parking, Clypse Mooar Cottages, Clypse, Onchan IM4 5BG subject to 3 conditions.
It has been brought to the Department's attention that the citation in condition 1 referring to the Town and Country Planning (Permitted Development) Order 1995 is incorrect. The correct citation in the decision notice should have referred to the Town and Country Planning (Permitted Development) Order 2012 which is the Isle of Man equivalent of the English Town and Country Planning (General Permitted Development) Order 1995.
For the avoidance of any doubt, the appeal statement of the Department prepared by Mr Riley, the Planning Officer dealing with this case, clearly referred to any conditions that may be imposed upon the application regarding permitted development to be made under the Isle of Man Town and Country Planning (Permitted Development) Order 2012.
In the Planning Officer's statement condition C5 is identical to the condition 1 granted with the approval save and accept that the Planning Inspector and the Department in its decision notice, have due to administrative error, incorrectly referred to the UK Permitted Development Order rather than the Manx version referred to above.
It is clear to me from reading the statement of the planning officer and the Inspector's report that there has been a clerical error made by the Inspector and the Department in the incorrect Town and Country Planning (Permitted Development) Order being referred to in condition 1.
Accordingly, to rectify this clerical error, the Department is intending within the next 10 days to issue an amended decision notice referring to the correct permitted development order.
Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF
If you have any objection to this course of action I would be obliged to hear from you within the next 10 days.
On behalf of the Department I wish to apologise for this clerical error, but bearing in mind that planning approvals are public documents, the Department considers it appropriate for the parties to be made aware that the wrong permitted development order has been referred to and to seek to remedy the error.
If I do not hear from you within the next 10 days the notice will be amended and submitted to you.
Kindly note that I have also sent a copy of this letter to all parties who obtained interested party status regarding the application.
Yours faithfully
N J Black Chief Executive
Isle of Man Government Bullige Ellen Vannie
Forest Homes Development Ltd 67 Derby Road Douglas IM2 3EA
Office of the Minister and Chief Executive
Telephone: (01624) 720904 Fax: (01624) 686915 Email: [email protected] Contact: Mr K Gillespie Our Ref: AP14/0038Appl Your ref: Date: 29 December 2014
Dear Sir/Madam
ON APPEAL Application No: 13/91198/REM Proposal: Reserved Matters application for the erection of two replacement dwellings with associated parking, Clypse Mooar Cottages, Clypse, Onchan, IM4 5BG Applicant: Forest Homes Development Ltd Appellant: Forest Homes Development Ltd
Further to my letter dated 17 December 2014, and in the absence of any objections, please find attached an amended appeal decision notice which correctly makes reference to the Town and Country Planning (Permitted Development) Order 2012.
Yours faithfully
N J Black Chief Executive
Circulation List
M P Associates Ltd, 12 Strathallan Crescent, Douglas, IM2 4NR Clerk to Onchan District Commissioners, Hawthorn Villa, 79 Main Road, Onchan, IM3 1RD Mr T H Goldsmith, 2 Clypse Moar Cottage, Hillberry, Onchan, IM4 5BG Secretary of the Planning Committee
Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF
Forest Homes Development Ltd 67 Derby Road Douglas IM2 3EA
In pursuance of his powers under the above Act and Order, the Minister for Infrastructure, the Hon P A Gawne MHK, does hereby in the name of and on behalf of the Department, APPROVE planning application 13/91198/REM by Forest Homes Developments Ltd for Reserved Matters application for the erection of two replacement dwellings with associated parking, Clypse Mooar Cottages, Clypse, Onchan, IM4 5BG, subject to the following conditions:
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any order revoking and re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwellinghouses other than that expressly authorized by this permission, shall be carried out without the prior written permission of the Department.
Reason: To enable the Planning Authority to control the development and to safeguard the appearance of the development and the amenities of the surrounding area.
The garages hereby approved shall not be used other than for the parking of private motor vehicles associated with the development.
Reason: To provide adequate off-street parking.
The development hereby approved shall not be carried out except in full accordance with drawings 1001/PL40A, 1001/PL41 and 1001/PL42 (with respect to Plot 1 and as relevant to Plot 2), each date stamped 10 October 2013; 1001/PL04 Rev E and 1001/PL06 Rev D, each submitted as appeal documents.
Reason: For the avoidance of doubt.
Date of issue: 29 December 2014
By Order of the Minister
N J Black Chief Executive
Note 1: A copy of the report of the appointed person is appended hereto.
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