DEC Decision Notice

AOS-Architectural Outsourcing Services Flat 2 21 Demesne Road Douglas IM1 3DZ

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 David Hathersich-Jones, Ref 20/01386/A, for the Approval in principle for erection of new dwelling addressing matters of access and landscaping at Land Adjacent To Fasque Andreas Road Ramsey Isle Of Man .

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. Approval of the details of siting, design, external appearance of the building and internal layout, (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced. Reason: To comply with the Town and Country Planning (Development Procedure) Order

• 2019.

• 3. Prior to the occupation of the dwelling the driveway and means of vehicular access identified on "Existing and Proposed Highway Plan - Proposed Visibility Site Plan"; shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction. Reason: In the interests of highway safety.
• 4. Prior to the occupation of the dwelling the visibility splay(s) identified on "Existing and Proposed Highway Plan - Proposed Visibility Site Plan"; 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.
• 5. Prior to the occupation of the dwelling the erection of fences as shown on "Landscaping Plan and Concept Elevation" plan"; shall be constructed in accordance with the approved plans and retained thereafter. Reason: In the interest of residential amenities (privacy/noise reduction/outlook).
• 6. All planting, seeding or turfing comprised in the approved details of landscaping as shown on "Landscaping Plan and Concept Elevation" plan"; shall be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, 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 and in the interests of neighbouring amenities (privacy/noise reduction/outlooks).

This approval relates to the submitted documents and drawings PLANNING STATEMENT, EXISTING AND PROPOSED HIGHWAY PLANS, EXISTING SITE LOCATION PLAN, PHOTOGRAPHS WITH KEY PLAN, LANDSCAPING PLAN AND CONCEPT ELEVATIONS, PROPOSED SITE LOCATION PLAN and PROPOSED SITE PLAN all received on 3rd December

• 2020.

This decision has been made for the following reasons(s) It is considered that the proposal overcomes the previous reasons for refusal in respect of access and highway safety and the impact on the living conditions of those in Fasque and therefore has no significant impact upon public or private amenities and therefore complying with Strategic Policy 1, Strategic Policy 2, General Policy 2, Housing Policy 4, Transport Policy 4, Transport Policy 7 and Environment Policy 42 of the Isle of Man Strategic Plan 2016 and the Residential Design Guide.

Date of Issue: 2nd March 2021

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 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 £285); 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 £100). 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 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.