DEC Decision Notice

Penketh - Millar 23 West Quay Ramsey Isle Of Man IM8 1DL

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 Mrs Jackie Wood, Ref 21/00041/B, for the Erection of proposed detached dwelling and garage at Plot Adj To Instow & Dreeymlang Ballagorry Drive Glen Mona 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. The development hereby approved shall be undertaken in accordance with the points set out below.

• o Any vegetation to be removed to facilitate the development shall only be cleared by cutting or strimming during the non-active reptile season (start of October to end of February) to make the habitat unsuitable for lizards (this will also avoid breeding bird season). Clearance of this vegetation shall only be undertaken using a strimmer or brush cutter in two passes, the first to 0.2 m, the second close to the ground, both passes to be carried out on the same day and all cuttings raked and removed the same day. The vegetation shall be maintained at the short length throughout the works to ensure common lizards do not use these areas.
• o Stockpiles of loose materials or bricks shall not be stored in direct contact with the ground, unless stored on a hard standing. If such materials are stored in areas without a hardstanding they must be stored on a pallet (to discourage use by lizards).
• o The dry stone wall along the northern boundary shall be protected during the work, with erection of a security fence to prevent newts being harmed during the works.

• o If any lizards are found during operations all work must stop immediately, the Department be contacted for advice and such advice must be received and complied with prior to work recommencing. REASON: To protect the biodiversity and ecology of the site.

This approval relates to drawings referenced; 01; 03; 04; 05; 06; 2010C/02; Site photographs; 3D Panoramic View; Aerial Photography digitally submitted and received on 19th January 2021; And amended drawing referenced; 02/A digitally submitted and received on 12/02/21.

NOTE All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to: o intentionally or recklessly kill, injure or take any wild bird or intentionally

• or recklessly take, damage or destroy the nest of any wild bird whilst it is in use or being built o intentionally or recklessly take or destroy the egg of any wild bird o intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.

The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine up to 10,000 pounds.

The bird nesting season is usually between late February and late August or late September in the case of swifts, swallows or house martins, and pigeons have been known to nest year round if conditions are favourable. Thorough checks for birds, their active nests and eggs should be undertaken prior to vegetation removal. If a nest is discovered while work is being undertaken, all work must stop and advice sought from the Ecosystem Policy Team, DEFA.

Common Lizards are protected under Schedule 5 of the Wildlife Act 1990 and it is an offence to intentionally or recklessly kill, injure or take any wild animal listed in Schedule 5, or damage or destroy any structure or place which they use for shelter or protection.

This decision has been made for the following reasons(s) The application has been considered and worthy of support in accordance with the Planning Policies.

Date of Issue: 1st April 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.