DEC Decision Notice

Mrs Fiona McGarrigle 19 mount havelock Douglas IM1 2QG

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 Johnny and Loni Evans, Ref 20/01445/B, for the Erection of a detached dwelling with integrated garage and creation of vehicular access and landscaping at Land West Of The Herring Houses Fort Island Road Derbyhaven Isle Of Man IM9 1TZ .

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. Prior to the occupation of the development hereby approved, the Soakaway and the drainage system designed to ensure that surface water is not discharged into the combined sever shall be provided in accordance with Drawing No. P01 Rev. A, and shall be permanently retained thereafter.

Reason: In the interests of the appearance of the development and of the amenities of the 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 extension, enlargement or other alteration of the dwelling and no garages or other free standing buildings shall be erected within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval, shall be carried out, without the separate grant of approval of the Department.

Reason: To control development in the interests of the visual amenity and the character of the area.

• 4. Prior to the occupation of the dwelling hereby approved, the parking and access arrangements, including visibility, shall be provided in accordance with approved plan

Drawing No. P02 received 14 December 2020 and P01 Rev. A received 5 February 2021 and retained as such thereafter. No other/additional access provisions may be made.

Reason: In the interests of highway safety.

• 5. All external facing and roofing materials shall be as shown on the plans and specified within the list of external finishes on the submitted Drawing No. P01 Rev. A received 5 February 2021 and retained as such thereafter. No new types of materials shall be added to the external elevations of the development, hereby approved. Reason: In the interests of the character and appearance of the site and surrounding area. This planning decision relates to the following plans and documents:

• o Photographs
• o Drawing No. P02
• o Supporting Letter
• o Cover Letter received 14 December 2020; and
• o Covering Emails
• o Drawing No. P01 Rev. A received 5 February 2021.

This decision has been made for the following reasons(s) It is considered the principle of residential development is appropriate on this site for the reasons indicated and the proposed development would not have any significant adverse impacts upon public or private amenities and would therefore comply with General Policy 2, Strategic Policy 1, Environment Policy 42 and Transport Policy 7 of the Strategic Plan.

Date of Issue: 17th 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.