DEC Decision Notice

Mr Wayne Lewthwaite 23 MARKET STREET DOUGLAS Isle of Man IM1 2PA

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 Neal & Erika Crookall, Ref 21/00311/B, for the Erection of replacement dwelling to include additional use as tourist accommodation with improved vehicular access at Ballakewin Farm Foxdale Road Ballasalla Isle Of Man IM9 3DW.

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 commencement of any works on the approved development, the access arrangements as shown on drawing no. 4D must be provided (including visibility splays, internal vehicle and pedestrian arrangements) and these arrangements shall be retained as such thereafter.

Reason: to ensure that the proposed dwelling has a safe means of access into and from the site.

• 3. Upon completion of the new entrance as shown in the approved plans, the existing entrance must be permanently blocked up with either rendered or stone walling up to the height of the bottom of the existing wall capping on the pillars either side of the entrance, and these pillars must be retained.

Reason: to ensure that the proposed dwelling has a safe means of access into and from the site.

This decision relates to drawings 1, 3B, 5, 6, 7 and LS-01 all received on 22nd March, 2021 and 4D received on 14th April, 2021.

This decision has been made for the following reasons(s) The proposal is considered to accord with Environment Policies 1 and 2 and Housing Policy 14 of the Strategic Plan and the provisions of the Area Plan for the South.

Date of Issue: 26th May 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 £295); 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 £110). 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.