DEC Decision Notice

ISle of Man <br> Government

GCA Architects Carmodil Beg Studio Glen Road Ballaugh Isle Of Man IM7 5JD

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 Ken Corlett, Ref 21/00674/B, for the Variation of condition 1 of PA 16/00960/B to extend the period of approval by two years at Land At Ellan Vannin Laxey Road Baldrine 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.

1. The visibility splay(s) identified on drawing 835.02 of $2.4 \mathrm{~m} \times 90 \mathrm{~m}$ shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1.05 m in height above adjoining carriageway level.

Reason: In the interests of highway safety.

1. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

1. Prior to the commencement of the development hereby approved an Arboricultural Method Statement prepared by a qualified Arboriculturist, adhering to the recommendations of BS5837:2012 (Trees in relation to design, demolition and construction -

recommendations), shall be submitted to and approved in writing by the Department. The agreed protection measures and programme of arboricultural supervision (Project Arboriculturist) detailed within shall adhered to in full.

Reason: to provide a level of technical detail sufficient to provide a high level of confidence in the outcome for retained trees on the site

1. For the purposes of undertaking the required arboricultural supervision as per condition 4, prior to the commencement of the development hereby approved, details of the appointment of a suitably qualified and experienced tree specialist to the role of Project Arboriculturist (PA) shall be submitted to and approved in writing by the Department. The Department shall be notified in writing if person appointed to the role of PA changes.

Reason: To provide a high level of confidence in the outcome for retained trees on the site

1. No works or development shall be carried out until the Department has approved in writing the full details of all trees to be planted, including a) their quantity, location (or density), species, size at date of planting; b) the approximate date when they are to be planted; and c) how they will be maintained until successfully established. All planting, seeding or turfing comprised in the approved details must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the hereby approved dwelling, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, 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.

1. 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(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.

Reason: To control development in the interests of the amenities of the surrounding area.

1. 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 garages or other free standing buildings shall be erected within the curtilage of the dwelling(s) 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. This approval relates to drawings reference numbers 835.01 and 835.02 received on 17.06.2021.

This decision has been made for the following reasons(s) It is considered that the principle of development is a finely balanced decision; albeit for the reasons given within this report it is acceptable. Further the proposal would not adversely affect public or private amenities and therefore comply with Environment Policy 1 \& 42, General Policy 2, Strategic Policy 1, Transport Policy 4, Transport Policy 7, Area Plan for the East 2020 and Residential Design Guide 2021.

25th August 2021

(kauifachang

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.