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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 Delta Planning Mr D Green Cornwall Buildings 45 Newhall Street Birmingham B3 3QR 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 Hartford Homes, Ref 22/00675/B, for the Full approval for a residential development comprising up to 320 dwellings, a nursery and a neighbourhood centre with associated highway and pedestrian/cycle access and infrastructure, drainage, landscaping and public open space together with approval in principle for a 2- form entry primary school and associated access/infrastructure at Fields And Part Fields 524202, 524978, 524930, 524765, 524224, 524225 & 524226 Land East Of Braddan Road Braddan Isle Of Man IM2 2RA . 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, namely works relating to the dwellings, retail units, children's nursery and associated landscaping and infrastructure outside of the school site, 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. Notwithstanding details already submitted, an updated phasing plan, including trigger points for the delivery of the local centre (i.e. retail and nursery) shall be submitted to the Department prior to the commencement of development. The development shall be undertaken in full accordance with the approved phasing plan. Reason: To ensure future residential properties are served by on-site local facilities in a timely manner. 3. Application for approval of the siting, design, external appearance, site layout and landscaping of the school site (hereinafter called "the reserved matters") shall be made to the Department before the expiration of four years from the date of this approval and the school development shall then be begun before the expiration of two years from the date of
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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 approval of the reserved matters. The school development shall thereafter be carried out in accordance with the details as approved. Reason: To comply with article 26 of the Town and County Planning (Development Procedure) Order 2019 4. The visibility splays shown on drawings ITB15759-GA-010 rev E (Braddan Road), ITB15759-GA-44 rev B (The Falls), ITB15759-GA-034 rev B (Internal visibility splays) must be provided prior to its first use and permanently maintained, with no obstructions from a driver's eye height of 1.05m to an object height of 0.6 m above the road surface within the visibility splay areas and pedestrian inter-visibility provided at path/public road intersections shall be 2x2m. Reason: In the interests of highway safety. 5. No dwelling, or unit within the local centre, hereby approved shall be occupied until the driveway, parking spaces, turning area and associated drainage for the relevant dwelling/unit have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter. Reason: To ensure that the development is served by an adequate means of access. 6. The estate roads, including footways, shall be constructed so as to ensure that, before it is occupied, each dwelling or unit within the local centre has been provided with a properly consolidated and surfaced footpath and carriageway to at least base course level between the unit and the existing highway at Braddan Road, or in relation to Plots 237 and 238, off The Falls. Reason: To ensure that the development is served by an adequate means of access. 7. Prior to the occupation of those dwellings without garages, cycle storage provision to a level of one storage space per bedroom shall be provided in accordance with details to be submitted to and approved in writing by the Department and shall be retained at all times thereafter. Reason: To ensure that the development is served by adequate cycle storage. 8. Prior to the first occupation of the local centre, cycle parking shall be provided in accordance with details to be submitted to and approved in writing by the Department and shall be retained at all times thereafter. Reason: To ensure that the development is served by adequate cycle storage. 9. Prior to the first occupation of any dwellings hereby approved the off-site works listed below shall be completed either in accordance with details which have first been submitted to and approved in writing by the Department, or through a similar scheme undertaken by the Department of Infrastructure: o Bus stop enhancements to upgrade the southbound bus stop on Peel Road south of the junction with Braddan Road as indicatively shown on i-Transport Drawing: ITB15759-GA- 030; o Installation of dropped kerb crossings on Ballafletcher Road at North Lodge and Old School House as indicatively shown on i-Transport Drawing ITB 15759-GA-024 o Wayfinding signs on Heritage Trail off-road and link through the NSC
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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 Reason: In pursuit of sustainable transport objectives. 10. Prior to the first occupation of any dwellings hereby approved a signal controlled crossing on Peel Road shall be completed in accordance with details which have first been submitted and approved in writing by the Department broadly in accordance with drawings ITB15759-GA-40 Rev A and no later than the occupation of the 100th dwelling hereby approved the pedestrian/cycle route to Peel Road via Douglas Rugby Club shall be completed in accordance with details which have first been submitted and approved in writing by the Department broadly in accordance with drawing and ITB15759-GA-41 Rev A. Reason: To ensure the sustainable travel options are undertaken as proposed. 11. As part of any Reserved Matters application for the proposed school full details of the access arrangements, parking, turning, servicing and operation shall be submitted to and approved in writing by the Department and implemented thereafter prior to the first occupation of the school. Reason: To ensure that the development is served by adequate school drop-off facilities 12. Prior to the commencement of any construction work details of the construction access and construction traffic management must be submitted to and approved in writing by the Department and the development must be undertaken in accordance with these details. Reason: To maintain safe and adequate site access arrangements for construction traffic and other highway users 13. The approved i-Transport Framework Travel Plan submitted with the application shall be implemented in accordance with the measures and any phasing of them as set out therein. Reason: to ensure the sustainable travel options are undertaken as proposed. 14. Bird boxes (with the majority type being habitat swift box) and bee bricks shall be provided on every house prior to its occupation and retained thereafter in accordance with the details specified on Drawing Hart 45-51E. Reason: To safeguard statutorily protected species and in the interest of biodiversity. 15. Bat boxes shall be provided in accordance with Manx Wildlife Trust Consultancy Protected Species Report on Bats (November 2020) and Drawing 45-51E constituting of a minimum of 10 integral bat roost niches for crevice and hollow roosting species within houses adjacent to the retained woodland and 5 crevice and hollow niche boxes in the perimeter woodland to be installed prior to completion of the relevant phase of development in accordance with Manx Wildlife Trust guidelines and retained thereafter. Reason: To safeguard statutorily protected species and in the interest of biodiversity. 16. Prior to the installation of any garden fencing details a scheme to enable ease of movement through the site for hedgehogs must be submitted to and approved in writing by the Department and the development must be undertaken in accordance with these details. Reason: To provide adequate safeguards for the ecological species existing on the site.
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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 17. Prior to the commencement of development, a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Department, with all works to be undertaken in accordance with the approved detail. The CEMP will need to incorporate the following measures and detail: o Details of a suitably qualified Ecological Clerk of Works (ECoW), who will be appointed for the duration of the works, including site clearance - name of person/company as well as details about their role on site. o Responsible working methods to ensure that construction and site operations will avoid and mitigate detrimental impacts upon wildlife including nesting birds, bats, common lizards and common frogs - including Precautionary Working Method Statements (PWMS) - methodology and timescales for vegetation removal, checks by suitably qualified ecologists wherever necessary, including pre-felling checks of trees with potential roost features identified by the Manx Wildlife Trust Consultancy. o Measures for the retention and protection of retained boundary features and onsite habitats including hedges, banks, stone walls, marshy grassland, woodland rough grassland and trees - use of protective fencing and replacement of this if it becomes damaged, and construction exclusion areas. o Details of construction lighting to ensure it would not negatively impact upon wildlife on and around the site. Reason: To provide adequate safeguards for the ecological species existing on the site. 18. Prior to any works relating to the installation of the proposed attenuation tanks and cycle path shown on Drawing Hart 45-58 and Hart 045-59, a mycological (fungi) survey must be undertaken by a suitably qualified ecological consultancy and a report, detailing the findings and appropriate mitigation to be submitted to the Department and agreed in writing. The agreed mitigation measures shall be implemented in accordance with the approved details. Reason: To provide adequate safeguards for the ecological species existing on the site. 19. Notwithstanding details already submitted, prior to commencement of any construction works a detailed hard and soft landscaping strategy (other than private gardens) shall be submitted to and approved in writing by the Department and the development must be undertaken in accordance with these details. The plans should contain planting speciation's and species lists for all of the tree, hedge, shrub and herbaceous planting and full details of the existing vegetation that is to be retained, together with all hard landscaping details, and an updated boundary treatments plan. Details of soft landscaping shall further include a habitat mitigation and management plan, which shall include the following details: o A plan, including approximate timescales, for the creation/retention/enhancement and ongoing management of the new micro forest, thickets, marshy grassland/'ecological area' adjacent to Hollin Bank, pond/wetland area to the south of Plots 281 - 295, woodland, low fertility species-rich grassland, species-rich verge, scrub belt, and lizard and frog hibernaculums. To include, where relevant, measures to prevent the degradation of specific areas from disturbance by people and dogs such as the use of signage and secure fencing or new walling and interpretation to promote public interest. o Each element of new ecology mitigation/enhancement work to be completed prior to the occupation of the last dwelling within the phase of work within which they are located, as detailed on the Phase Plan Hart 045-62 unless otherwise agreed in writing by the Department.
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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 All hard and soft landscaping works shall be completed in full accordance with the approved details prior to the occupation of the relevant building/s i.e. dwellings, nursery/retail unit and thereafter retained. 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: In the interests of the character and visual amenity of the site, and to enhance and safeguard biodiversity. 20. As part of any Reserved Matters application for the proposed school a new Preliminary Ecological Appraisal Report (PEAR) shall be undertaken for the school site. The survey shall be undertaken by a suitably qualified ecological consultancy and shall be accompanied with any additional species surveys as determined by the ecologists and shall include proportionate avoidance, mitigation and compensation measures to ensure that the development results in no net loss for biodiversity on site, in line with current Isle of Man Government policy. Reason: To provide adequate safeguards for the ecological species existing on the site. 21. No external lighting shall be installed or operated within the site other than in accordance with a scheme of low level lighting (designed in accordance with the recommendations outlined in the BCT and ILP Guidance Note 8 Bats and Artificial Lighting (12th September 2018) which shall be submitted to and approved in writing by the Department. The lighting scheme to be submitted shall include detailed drawings of lighting columns and fittings, information about the levels of luminance and any measures for mitigating the effects of light pollution. The development shall not be carried out other than in accordance with the approved details, and shall thereafter be retained as such. Reason: To provide adequate safeguards for the ecological species existing on the site. 22. Prior to the commencement of the development hereby approved, an Arboricultural Method Statement (AMS) detailing the full tree protection measures in line with the drawings entitled Tree Protection (Ref: OTP-160522-N Rev A and OTP-160522-S Rev A Outline Tree Protection North and South), submitted in support of the application, and which adheres to the recommendations of BS5837:2012 (Trees in relation to design, demolition and construction - recommendations), shall be submitted to and approved in writing by the Department. The AMS shall provide technical detail on the required protection measures, construction methods and supervision protocols. The agreed protection measures, construction methods and monitoring shall be adhered to in full. Reason: To provide a level of technical detail sufficient to provide a high level of confidence in the outcome for retained trees on or adjacent to the site 23. No retained tree, as per the details shown in drawing ref. OTP-160522-N-RevA and OTP-160522-S-RevA shall be cut down, uprooted, destroyed or damaged in any manner during the development and thereafter within 5 years from the date of first occupation of the development, other than in accordance with the approved plans and particulars. In the event that trees marked for retention die or become damaged or otherwise defective prior to commencement or during the construction phase due to events outside the applicants control, the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.
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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 Reason: To ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality. 24. Prior to the occupation of the first dwelling in each phase of development hereby approved, a scheme for the design and layout of the proposed areas of public open space within that phase as shown on drawing Ref: Hart 045 60, including the position of equipment, and the boundary treatment to prevent vehicles entering or parking within it, must be approved in writing by the Department, and the development must be undertaken in accordance with this scheme. The delivery of public open space shall be undertaken and completed prior to the completion of the final dwelling in each phase. Reason: To ensure that public open space is safe for use and that its layout is not detrimental to the living conditions of the occupants of adjacent dwellings. 25. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2012 (or any Order amending, revoking or re-enacting that Order with or without modification) no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwellinghouse forward of any wall of that dwellinghouse which fronts onto a highway other than as shown on the approved plans. Reason: In order to safeguard the character and appearance of the area. 26. No development shall commence on site until a programme of further archaeological work in accordance with a written scheme of investigation, to include excavations where required, has been submitted to and approved in writing by the Department. The programme shall indicate the degree of supervision by a qualified archaeologist. The development shall not be carried out unless in accordance with the programme of archaeological work so approved. Reason: To ensure that archaeological remains and features are adequately recorded. 27. No development shall take place above ground level in each phase until a schedule of materials and finishes and/or samples of all external facing materials for all buildings have been submitted to and approved in writing by the Department. The relevant works shall be carried out in accordance with the approved details. Reason: In the interests of the character and appearance of the area. 28. For the avoidance of doubt the retail units hereby approved allow the use of the units for those use outlined within the Town and Country Planning (Use Classes) Order 2019 (or any replacement/amendment of that order) as Classes 1.1 (Shops), 1.3 (food and drink) and 1.4 (hot food takeaway), whilst the Children's nursery may only be used as Use Class 4.2 (Childcare or Education). Reason: The application has proposed retail units and a children nursery and has been considered on this basis. 29. Prior to the upgrading of the existing highway drain on Braddan Road, the proposed works must be submitted to and approved in writing by the Department. The relevant works shall be carried out in accordance with the approved details. Reason: In order to prevent flooding on the highway.
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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 This approval relates to the submitted documents and drawings reference numbers received; 09.06.2022 Site Location Plan - Hart 45 -01 C Topo Survey Sheet 1 - Hart 45- 002 A Topo Survey Sheet 2 - Hart 45- 003 A Environmental Statement Volume 1 Main Text May 2022 Environmental Statement Volume 2 Technical Appendices May 2022 Site Investigation Report May 2022 Site Investigation Summary Report May 2022 Air Quality Assessment May 2022 Public Consultation Report November 2021 Earthworks Method Statement May 2022 07.02.2023 Overall Site Plan - Hart 45-51 rev E Zone 1 - Hart 45-52 rev E Zone 2 - Hart 45-53 rev D Zone 3 - Hart 45-54 rev E Zone 4 - Hart 45-55 rev E Zone 5 - Hart 45-56 rev E Zone 6 - Hart 45-57 rev D Zone 7 - Hart 45-58 Zone 8 - Hart 45-59 POS Plan 1 - Hart 45-60 POS Plan 2 - Hart 45-61 Phasing Plan - Hart 45-62 Affordable Housing - Hart 45-63 Ancillary Site Plan - Hart 45-64 Site Section A-A - Hart 45-66 Site Section B-B - Hart 45- 67 A Site Section C-C - Hart 45- 68 Shadow Cast and Separation Distance Hollin Bank - Hart 45- 69 A Separation Distance with The Falls - Hart 45- 70 Proposed Retail Units - Hart 045 - 151 A Proposed Nursery Unit - Hart 045 - 152 A Masterplan - Hart 45-050 rev E Landscape Masterplan BRA-BCA-ELS-XX-DR-L-1696-16-01-S5-S Environmental Statement Addendum January 2023 Environmental Statement Volume 2 Revised Technical Appendices - Landscape and Visual Impact; Tree Constraints Impact and Protection Plans; Transport Assessment Addendum. Environmental Statement Non-Technical Summary January 2023 Design Statement January 2023 Planning Statement January 2023 Air Quality Technical Note January 2023 14.02.2023 Material Economic Information 16.03.2023 Environmental Statement Volume 2 Revised Technical Appendices - Flood Risk and Drainage 20.03.2023
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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 Supplementary Traffic Modelling Report February 2023 05.04.2023 Habitat Enhancement Technical Note April 2023 02.06.2023 Ecological Review May 2023 12.06.2023 House Type A1 - Hart 045 - 100 rev B House Type A2 - Hart 045 - 101 rev B House Type B1 - Hart 045 - 103 rev B House Type B2 - Hart 045 - 104 rev B House Type C - Hart 045 - 105 rev B House Type D - Hart 045 - 106 rev B House Type D - Handed - Hart 045 - 107 rev B House Type E - Hart 045 - 108 rev B House Type F - Hart 045 - 109 rev B House Type F Handed - Hart 045 - 110 rev B House Type G - Hart 045 - 111 rev B House Type H - Hart 045 - 113 rev B House Type H Handed - Hart 045 - 114 rev B House Type J - Hart 045 - 115 rev B House Type J Handed - Hart 045 - 116 rev B House Type R - Hart 045 - 127 rev B House Type R Handed - Hart 045 - 128 rev B House Type S - Hart 045 - 129 rev B House Type S Handed - Hart 045 - 130 rev B House Type N - Hart 045 - 133 rev B House Type N Handed - Hart 045 - 134 rev B House Type U - Hart 045 - 135 rev B House Type U Handed - Hart 045 - 136 rev B House Type V - Hart 045 - 140 rev A House Type W1 - Hart 045 - 141 rev A House Type W1 Handed - Hart 045 - 142 rev A House Type X - Hart 045 - 145 rev A House Type X Handed - Hart 045 - 146 rev A House Type X1 - Hart 045 - 147 rev A House Type X1 Handed - Hart 045 - 148 rev A House Type Z - Hart 045 - 149 rev A House Type Z Handed - Hart 045 - 150 rev A House Type Y - Hart 045 - 153 rev A House Type Y Handed - Hart 045 - 154 rev A House Type W3 - Hart 045 - 155 rev A House Type W3 Handed - Hart 045 - 156 rev A House Type M1 - Hart 045 - 157 rev A Air Source Heat Pump Zone 01 - Hart 45-077 Air Source Heat Pump Zone 02 - Hart 45-078 Air Source Heat Pump Zone 03 - Hart 45-079 Air Source Heat Pump Zone 04 - Hart 45-080 Air Source Heat Pump Zone 05 - Hart 45-081 Air Source Heat Pump Zone 06 - Hart 45-082 Air Source Heat Pump Specification and Detail
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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 NOTE The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 24th July 2023. The issue of the decision notice has been triggered by the Section 13 agreement having been concluded. The 21 days for appeal (for those with Interested Person Status) runs from the date of the decision notice. NOTE FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025. You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date. To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed. This decision has been made for the following reasons(s) The application site is identified for development and the proposal is judged to comply with the site allocation and development brief referenced; Residential Proposal 1 in the Area Plan for the East. As such, it is considered the proposal would not have any significant adverse impacts upon public or private amenities and would therefore comply with Strategic Policies 1,2,3,4,5,10,11, Spatial Policy 3, General Policies 2&4, Environment Policies 3- 5,10,14,22,24,41,42; Housing Policies 1-6; Business Policy 10; Recreation Policies 3&4; Community Policies 1,2,5,7,10,11; Transport Policies 1-4,6,7; Infrastructure Policies 1&5 and Energy Policy 5 of the Isle of Man Strategic Plan 2016, relevant policies of the Area Plan for the East 2020 and the Residential Design Guide 2021. It is recommended that the planning application be approved for the reasons contained within this report, subject to the completion of a Section 13 Legal Agreement and the attached of condition listed to any forthcoming decision notice. Date of Issue: 17th January 2024 J CHANCE Director of Planning and Building Control
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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 Planning Committee in accordance with the authority delegated to it. 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). 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.
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