Appeal Decision Notice

Isle of Man

Government

Ariltyt Cilar Vannin Mr D Maddrell Brambley Cottage 11 Cronk Road Union Mills IM4 4NU Office of the Minister and Chief Executive

Telephone: (01624) 720904 Fax: (01624) 686915 Email: [email protected] Contact: Kevin Gillespie Our Ref: NJB/JC Your ref: Date: 25th November 2014

Dear Mr Maddrell

ON APPEAL

Application No: 14/00352/B Proposal: Erection of 2 detached dwellings with integral garages to replace existing dwelling (amendments to PA 12/00995/B) at Brambley Cottage, 11 Cronk Road, Union Mills Applicant: Mr David Maddrell Appellant: Mr R Nicholson

I refer to the recent appeal in respect of the above planning application.

In accordance with the provisions of the Town and Country Planning (Development Procedure) (No 2) Order 2013, I am enclosing herewith a copy of the report of the person appointed to consider this appeal.

The Minister, the Hon P A Gawne MHK, has considered the report, concurs with the appointed person's conclusions, and accepts the recommendation that the appeal should be dismissed. Accordingly, he has directed that the Planning Authority's Approval of the application under Article 6 of the Town & Country Planning (Development Procedure) (No 2) Order 2013 should be confirmed. Formal notice of this decision is attached.

Yours sincerely N J Black Chief Executive Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

Circulation List Kelly Lewthwaite Building Design, 23 Market Street, Douglas, IM1 2PA Mr R Nicholson, White Lady Bungalow, Ballafreer Lane, Union Mills, IM4 4AS Clerk to Braddan Parish Commissioners, Commissioners' Office, Close Corran, Union Mills, IM4 4LZ Highway Services, Department of Infrastructure, Sea Terminal Building, Douglas, IM1 2RF Manx Utilities Authority - ELECTRICITY, PO Box 177, Douglas, IM99 1PS

The Town And Country Planning Act 1999

The Town And Country Planning (Development Procedure)

(No 2) Order 2013

Mr D Maddrell Brambley Cottage 11 Cronk Road Union Mills IM4 4NU

In pursuance of his powers under the above Act and Order, the Minister for Infrastructure, the Hon P A Gawne MHK, does hereby APPROVE planning application 14/00352/B by Mr David Maddrell for Erection of 2 detached dwellings with integral garages to replace existing dwelling (amendments to PA 12/00995/B) at Brambley Cottage, 11 Cronk Road, Union Mills, subject to the following conditions:

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) (No 2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

1. This approval is granted on the basis that the large tree in the centre of the frontage is to be retained, as shown in the drawings. In order to ensure that this tree is protected from damage during the construction process, prior to the commencement of any works on site, the tree must be protected by the erection of a stout fence constructed beneath the dripline of the tree and retained thereafter for the duration of the construction works. If any works are proposed within this protected area, they must be undertaken by hand or otherwise in accordance with a method statement to have been approved by the Planning Authority, and such that the health of the tree is not threatened. During construction, no vehicles may be parked nor materials stored within the protected area. Prior to the construction of the driveway within the protected area, further details of the construction of the hard surfacing must be approved by the Planning Authority and must demonstrate that the new construction will not sever or compact the roots of the tree such that its health will be compromised.

Reason: The tree adds to the amenities of the area and should be protected during construction works.

Note: This approval relates to WL/14/1309/2, WL/14/1309/3 and WL/12/1234/6 all received on 21 March 2014 and WL/14/1309/1A, WL/14/1309/4A and WL/14/1309/5A all received on 1 May 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.