DEC Decision Notice

Horncastle Thomas 20 Athol Street Douglas Isle Of Man IM1 1JA

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 Mark Patrick & Miss Kathryn Anne O'Meara & Newton, Ref 22/00607/B, for the Refurbishment of derelict house and barns plus construction of linking extension to form a new dwelling; construction of detached garage / store and creation of new vehicle access using adjacent field at Rollage Ny Twoaie Sloc Road Earystane Colby Isle Of Man IM9 4BW .

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. The development hereby approved shall be carried out in strict accordance with the submitted mitigation scheme detailed in 5.1 of the Preliminary Ecological Appraisal (Pages 31 - 33) prepared by Katy Watson Consulting's and dated 11 July 2022, to provide appropriate mitigation for ecological species within the site and immediate locality. Reason: To safeguard a statutorily protected species.
• 3. Notwithstanding the provisions of the Mitigation detailed in 5.1 of the PEA, all new and replacement tree planting which is carried out as mitigation to replace trees or boundaries removed as part of the development shall be native species. Reason: In the interests of protecting and enhancing the biodiversity of the environment.
• 4. Within 6 months of the date of the approval hereby given becoming final, an on-site Montbretia, Spanish bluebell and Cotoneaster Control Plan which sets out measures to remove and prevent the spread of these non-native invasive plant species shall be

submitted to and approved in writing by the Department. The development shall not take place other than in accordance with that Plan.

Reason: To ensure the eradication of Montbretia, Spanish bluebell and Cotoneaster which are known to be present on site during the construction phase of the approved development.

• 5. The development hereby approved shall not be occupied or operated until the access/driveway, parking and turning areas have been provided in accordance with the approved plans (Drawing Nos. 09 and 10). Such areas shall not be used for any purpose other than for access, 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 the development will not compromise the free flow of traffic or highway safety.

• 6. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Planning Department and these works shall be carried out as approved. Details of the landscaping works include, but not limited to, details of landscaping/pedestrian paths to the front of the dwelling. All further planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the 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. Details of the hard landscaping works include footpaths and hard surfacing materials which should be dark in colour. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwellings hereby permitted. Reason: To ensure the provision of an appropriate landscape setting to the development.
• 7. No development shall take place until further details of the roadside boundaries have been submitted to and approved in writing by the Planning Department. Such detail should include existing and proposed roadside elevation drawings and existing and proposed sectional drawings, and shall clear details works to be carried out on the boundaries. These works shall be carried out as approved and thereafter retained as such. Reason: To control development in the interests of the amenities of the surrounding area.
• 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 fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of the dwelling house without the prior written approval of the Department.

Reason: To control development in the interests of the amenities of the surrounding area and to control future development on the site.

• 9. 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) there shall be no extension, enlargement or other alteration of the dwelling hereby approved, nor the erection of any free-standing structure within its curtilage (including any garage, shed or greenhouse) without the prior written approval of the Department.

• Reason: To control development in the interests of the amenities of the surrounding area and to control future development on the site.
• 10. All external facing materials shall remain as shown on the plans and specified within the list of external finishes on the Planning Statement and submitted Drawings, 13. 14 and 15, received 13 May 2022. No new types of materials shall be added to the external elevations of the development, hereby approved. Reason: In the interests of the character and appearance of the site and surrounding area.
• 11. No development shall take place until further details of the new access lane boundaries through Field 410112 have been submitted to and approved in writing by the Planning Department and these works shall be carried out as approved and thereafter retained as such. Reason: To control development in the interests of the amenities of the surrounding area.

This decision relates to the Planning Statement and Drawing Nos. 01, 02, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, and 17 received on 13 May 2022.

This decision has been made for the following reasons(s) The works themselves are considered to respect the proportion, form and appearance of the existing buildings as required by Housing Polices 11 and 13, and General Policy 2, and would not harm the character and quality of the landscape or adversely affect the countryside and its ecology, and therefore comply with Environment Policies 1, 4 and 5, and General Policy 3 of the Strategic Plan.

Date of Issue: 10th August 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.