DEC Decision Notice

Robert Irving Architect Ltd 3 Sunnybank Close Union Mills Braddan IM4 4PD

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 & Mrs Lynda & Jonathan Martin, Ref 20/01442/B, for the Renovation and conversion of existing building to provide residential or tourist accommodation at Croft Cottage Adjacent To Field 414316 & 414317 Ballakillowey Road Colby 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. 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 to the dwelling, no window replacement, no walling or fencing and no garages shall be erected within the curtilage of the accommodation 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 and to ensure that the conversion continues to accord with Housing Policy 11 and Environment Policy 16.

• 3. The converted building may be used for either tourist or residential accommodation. Reason: to clarify the extent of the approval.
• 4. Prior to the creation of any hard surfacing between the parking spaces and the building, as shown in drawing P/10-01A there must be approved in writing by the Department further details of how this access will be installed with particular attention to the proximity of the adjacent trees as the route shown in this drawing encroaches into the

canopy spread of these trees and if the access involves any excavation, this could interfere with the root systems of these trees. If any excavation is proposed a Tree Protection Plan must also be submitted and approved prior to the undertaking of any work regarding this access and the development must be undertaken in full accordance with the approved details.

Reason: to ensure that the development does not adversely affect the existing trees on site. This decision relates to drawings P/10-00, P/10-01A and P/10-02 all received on 14th December, 2020. This decision has been made for the following reasons(s) The proposal accords with Housing Policy 11 and Environment Policy 16 and is supported subject to conditions which suspend the provisions of the Permitted Development Order insofar as it applies to the extension of the property, replacement windows, the installation of walling or fencing and garaging. It is considered that the provisions for sheds and greenhouses is not inappropriate here and such structures if undertaken in accordance with the restrictions in the Order, would be acceptable.

Date of Issue: 5th February 2021

Director of Planning and Building Control

Guidance Note

This decision was made by the Head of Development Management in accordance with the authority delegated to them.

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.