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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 Wilson Consulting Limited Kempis House Orrisdale Road Ballasalla Isle Of Man 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 Mr Richard Kelly, Ref 23/00799/B, for the Demolish existing house and construct a replacement dwelling including new vehicular access for associated parking at Eskadale King Edward Road Onchan Isle Of Man IM4 6AB. 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. Notwithstanding the provisions 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 extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area. 3. Notwithstanding the provisions 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 garages or other free standing buildings shall be erected within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
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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 4. 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 (300/021a). 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. 5. The garage hereby approved shall at all times be made available for the parking of private motor vehicles(s) and shall be retained available for such use. Reason: To provide adequate off-street parking. 6. No development shall take place until full details of soft landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of the retention of existing landscaping and new planting showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the kennel extension, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species Reason: To ensure the provision of an appropriate landscape setting to the development 7. No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.
Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated. 8. Prior to the commencement of the development hereby approved, the protective measures detailed in the Existing site plan (Drawing number 300/002), prepared Wilson Consulting and submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process.
Reason: To ensure that trees marked for retention are adequately protected, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated. 9. No development shall commence until a bat survey has been submitted to and approved in writing by the Department. The bat survey shall identify impacts on bat species together with mitigation, where appropriate, including a timetable for its implementation. The development shall not be carried out unless in accordance with the approved details. Reason: To provide adequate safeguards for the bats.
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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 10. The visibility splay(s) identified on drawing 300/020a; shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050; mm in height above adjoining carriageway level. Reason: In the interests of highway safety. 11. Notwithstanding the details of the non-fossil fuel energy/heating systems as shown on drawing 300/020a, prior to the commencement of any works detailed drawing/s showing the location of any external non-fossil fuel energy/heating systems shall be submitted to and approved in writing by the Department, including specifications of such systems and these approved systems shall be completed prior to the occupation of the dwelling and retained thereafter. Reason: To ensure compliance with the Climate Change Act 12. 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 Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area. 13. Prior to the occupation of the dwelling the Flood Risk Assessment findings and conclusion as outlined in Section 10 and drawing 100 (BB Consulting) shall be fully adhered to and retained thereafter. Reason: In the interest of flood risk. 14. C 14. Prior to the installation of any internal or external lighting to the dwelling hereby approved a detailed strategy for lighting shall be submitted to and approved in writing by the Planning Authority which demonstrates with internal and external lighting and to the potential impacts therefrom including the position, number, type and intensity of lighting throughout the site and any other measures required to mitigate any potential impacts therefrom to ensure protection of bats and shall include a timetable for the implementation of the scheme. The approved scheme shall be fully adhered to and retained thereafter. There shall be no external illumination and no additional lighting of any kind within the building other than that approved within the strategy for lighting. Reason: To ensure adequate protection of protected species (bats). This approval relates to the submitted documents and drawings reference numbers all received; 12.07.2023 300/001 300/002 300/003 300/010 300/011 300/012 300/022 300/023 Design Statement CGI photomontages:-
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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 Existing public view from North Proposed public view from North Existing public view from South Proposed public view from South Proposed private view from within garden 22.12.2023 Flood Risk Assessment 08.01.2024 300/020a 300/021a 30.01.2024 100 (BB Consulting) This decision has been made for the following reasons(s) It is considered the proposal would be acceptable, having no adverse impacts upon private or public amenities and complying with Environment Policy 1, HP12 & HP14 of the Isle of Man Strategic Plan 2016 and Area Plan for the East 2020. Date of Issue: 4th March 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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