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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 Construction Design Ltd 2nd Floor 17 Peel Road Douglas Isle Of Man IM1 4LP 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 Nigel & Susan Lewney & Clark, Ref 22/00390/B, for the Erection of new dwelling to replace existing dwelling and barn including improvements to existing entrance at Ballahig Foxdale Road The Hope St Johns Isle Of Man IM4 3AU . 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 undertaking of any works relating to the approved replacement dwelling including any demolition of existing structures, the tree protection measures and construction methods detailed in "DWG 1032-04 Site Plan as Proposed" shall be installed in full accordance with these approved details and retained for the full duration of the work. No tree shown as being retained shall be cut down, uprooted, or wilfully destroyed during the development phase and thereafter within 5 years from the completion date, except as may be permitted by prior approval in writing from the Department. Reason: to ensure that all trees to be retained are suitably protected throughout the works. 3. The annexe hereby approved shall be used only for purposes incidental to the enjoyment of 'Ballahig' as a dwellinghouse. No separate curtilage shall be formed and the residential annexe shall at no time be used as an independent dwellinghouse. Reason: The application has been assessed in terms of this restricted use and any other use may have an adverse effect on the character and amenity of the area contrary to relevant Polices in the Strategic Plan 2016 and its use as an independent residential unit would not
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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 comply with the Strategic Plan 2016 policies regarding new residential development in the countryside. 4. The access works including visibility splays hereby approved shall be carried out in full accordance with those details shown on drawing number 1302-05, and visibility splays thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level. Reason: In the interests of highway safety. 5. Prior to the use of the access hereby approved the first 5m of the surface of the access measured back from the carriageway shall be properly consolidated/surfaced in a bound material (not loose stone or gravel). Reason: In the interests of highway safety. 6. The soft landscape planting including tree planting shall be carried out in accordance with the approved details as shown on DWG 1032-04 and shall be carried out in the first planting season following the first occupation of the replacement dwelling, or earlier if possible. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with the same trees or plants as originally approved, or alternative planting which will first need to be approved in writing by the Department. Reason: To ensure the provision of an appropriate landscape setting to the development. 7. The soft landscape planting including tree planting shall be carried out in accordance with the approved details as shown on DWG's 1032-05 and shall be carried out in the first planting season following the first use of the access, or earlier if possible. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with the same trees or plants as originally approved, or alternative planting which will first need to be approved in writing by the Department. Reason: To ensure the provision of an appropriate landscape setting to the development. 8. 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 development shall be undertaken in accordance with any of the following classes of Schedule 1 of the Order at any time: Class 14 Extension of dwellinghouse Class 16 Fences, walls or gates, Class 17 Private garages and car ports Reason: To control future development on the site in the interest of visual amenity and to prevent any separation. 9. All stone and slate from the buildings to be demolished shall remain on site and be re-used where possible including on the approved dwelling in accordance with detail shown on drawing number 1032-04 and retained thereafter.
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Email from applicant and photographs dated 06/09/2022. NOTE The applicant is to be reminded of their separate obligations in respect of the S109(a) highway agreement, and protection of bats under the Wildlife Act 1990. Contact should be made with DOI Highways or DEFA Ecosystems in respect of either part. This decision has been made for the following reasons(s) Although the proposal is considered to be contrary to Housing Policy 12 and undermining Housing Policy 11, the proposed replacement dwelling in this specific instance is considered to accord with the tests of Housing Policy 14 and to have no adverse visual impacts on the countryside in respect of Environment Policy 1, and on a fine balance is considered to be acceptable subject to a number of conditions relating to the access, annexe, revocation of PDO, tree protection, landscaping and re-use of materials. Date of Issue: 11th October 2022 Director of Planning and Building Control
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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 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.
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