DEC Decision Notice

Denning Millar Projects Ltd Ballacrebbin Farm Bernahara Road Andreas Isle Of Man IM7 3HU

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 Richard & Mrs Lucy Dacey, Ref 21/01424/B, for the Alterations and extensions to dwelling. at Crondall Veg Ballamanagh Road Sulby Isle Of Man IM7 2HD.

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. No development shall commence until a preliminary assessment by a suitable qualified ecological consultancy for roosting bats has been submitted to and approved in writing by the Department. If the preliminary assessment identifies the property as suitable or if evidence of bats is found, then further bat surveys will be required and a report detailing the findings and appropriate mitigation measures to ensure their protection during and after development, should be submitted to Planning for written approval. The development shall not be carried out unless in accordance with the approved details to ensure the planning application is not invalidated. Reason: To provide adequate safeguards for the bats.
• 3. No site works or clearance shall be commenced until protective fences as shown on drawing TS-171121 which conform with British Standard 5837:2012(or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) have been erected as shown (T06). Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works.

Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.

This approval relates to the submitted documents and drawing all received on 06.12.2021. NOTE Bats are listed on Schedule 5 of the Wildlife Act 1990; they are protected by law and itis an offence to:

intentionally or recklessly kill, injure or take a bat intentionally or recklessly damage or destroy, or obstruct access to, any

structure or place which bats use for shelter or protection

intentionally or recklessly disturbs any bat while it is occupying a structure or place which it uses for that purpose. The maximum penalty that can be imposed is a fine up to 10,000 pounds. This decision has been made for the following reasons(s) The proposal complies with the wording of HP16, and also the resulting development would not harm the character and quality of the landscape complying with Environment Policy 1 of the Isle of Man Strategic Plan. Further the proposal has no adverse impacts upon public or private amenities.

Date of Issue: 13th January 2022

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 £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.