DEC Decision Notice

Mr William Costain 10 Charles Street Isle of Man Peel IM5 1AF

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 William Costain, Ref 21/01485/A, for the Approval in principle for the erection of a dwelling to replace the former Hotel at The Ballacallin Dalby Isle Of Man IM5 3BT .

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 either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019

• 2. Approval of the details of siting, design, external appearance of the building[s], internal layout of buildings, drainage, and landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.

Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019.

• 3. Plans and particulars of the reserved matters referred to in condition 2 shall include details of;

• a. the surface treatment of any roadways and other parts of the site which will not be covered by buildings;
• b. all external materials to be used in the development;
• c. existing and proposed ground and floor levels;
• d. foul and surface water drainage;
• e. integrated measurers to support bio-diversity net gain;
• f. Measures taken to provide sustainable drainage systems. Reason: in the interest of the character of the area

• 4. Detailed drawings of the following shall be submitted to and approved in writing by the Planning Authority before the relevant part of work is begun. The details hereby approved shall be carried out in accordance with that approval:

• a. Pedestrian and vehicular access to remain as existing and shown on the Drawing named Site Plan.
• b. Additional details in the form of scaled plans and / or written specifications to consist of:

• i. Internal pedestrian and vehicular arrangements within the site, including any garage
• ii. Car parking to adopted standards
• iii. Bicycle storage to accommodate one space per bedroom
• iv. Electric vehicle charging point. Reason: In interests of highway and road user safety.

• 5. The reserved Matters application shall demonstrate that it will not alter the existing access to Shen Chroit, Ballacallin, Dalby, including in relation to visibility.

Reason: In the interests of highway safety, and to ensure that the development of the site does not impact on vehicular access to the adjoining property at Shen Chroit, Ballacallin, Dalby.

This decision relates to following plans and documents received on 7 December 2021;

• o Planning Statement;
• o Ballcallin Accompanying Letter;
• o Email Correspondence;
• o Location Plan;
• o Site Plan;

This decision has been made for the following reasons(s) It is considered whilst the demolition of the original dwelling in 2021 was unfortunate from a planning policy standpoint (as the previous building was destroyed by a fire incident and subsequently demolished), it is considered that given the uncontrollable circumstances of the building's removal, and the fact that the previous building was an integral part of the settlement structure and contributed to the built form of this part of Dalby, with the site broadly fitting the description as a previously developed land or brownfield site, it is considered the proposal could be considered to broadly comply with GP3 and HP4 and therefore the principle of a single dwelling on this site is acceptable. The proposed access arrangements are again acceptable and comply with GP2 and TP7.

Date of Issue: 3rd May 2022

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 £305); 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 £115). 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.