81490

==== PAGE 1 ====

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 James Brookman Limited Mrs L Chadfield Athol House Athol Street Douglas IM1 1EJ 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 BYA Limited, Ref 22/00399/B, for the Proposed demolition of existing farmhouse and outbuildings and redevelopment to provide replacement dwelling at Ballacroak Farm Mullinaragher Road St Marks Ballasalla Isle Of Man IM9 3AQ. 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 commencement of any works an Energy Statement shall be submitted and approved in writing by the Department (planning) which demonstrates the new dwellings has a Standard Assessment Procedure (SAP) rating of at least 101 (or similar rating system) and prior to the occupation of the dwelling a further Energy Statement post completion shall be submitted to and approved in writing by the Department (planning) to demonstrate that the SAP rating of at least 101 (or similar rating system) has been achieved. Reason: A reason why the application is considered acceptable is due to the overall environmental impacts as outlined in Housing Policy 14 and namely the eco efficiency credentials of the new dwelling. 3. The development shall be carried out in accordance with the plans and documents detailed below: o 218-P0001 Location Plan o 218-P0002 Existing Site Plan

==== PAGE 2 ====

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 o 218-X1001 Rev A Existing Building A & B o 218-X1002 Existing Building C o 218-X1003 Existing Building D, G & H o 218-X1004 Existing Building E o 218-X1005 Existing Building F o 218-X1006 Existing Building J o 218-P0003 Proposed Site Plan o 218-P0004 Proposed Landscape Plan o 218-P0005 Proposed Retention Pond o 218-P1001 Rev A Proposed GF Plan o 218-P1002 Proposed FF Plan o 218-P1003 Proposed Roof Plan o 218-P2001 Proposed Elevations o 218-P2001 Proposed Elevations & Sections o 218-P2003 Proposed Walled Garden o 218/X/PN/220328 Rev A Planning, Design & Access Statement o 218-P0006 Access Details o 218-P0007 Proposed Additional Planting o Environmental Standards Statement prepared by Watt Energy and Consulting Engineers, and o Correspondence from Agent on Final SAP Rating received 8 November 2022. Reason: The proposal has been assessed on the submitted documents and drawings, and any changes may have a different impact. 4. 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 under the following classes of Schedule 1 of the Order at any time: Class 14 - Extension of dwellinghouse Class 15 - Garden sheds and summer-houses Class 16 - Fences, walls and gates Class 17 - Private garages and car ports Reason: To control future development on the site. 5. The development hereby approved shall be undertaken strictly in accordance with the avoidance measures for Common Frogs and Common Lizards as stipulated in sections 5.20- 5.22 & 5.25-5.27 of the Protected Species Report produced by the Manx Wildlife Trust dated December 2019. Reason: To provide adequate safeguards for the ecological species existing on the site 6. Prior to commencement of the development hereby approved, a detailed plan, including species and methodologies, for the creation of the semi-natural habitat features - tree planting, wildflower areas, new boundary features and retention pond shall be submitted to planning for written approval. The development shall not be carried out unless in accordance with the approved details. Reason: In the interest of biodiversity within the site, the character and appearance of the development and the visual amenity of the area. 7. Prior to the commencement of the proposed development, the protective fencing to be erected between the construction site and the boundary features (hedges and sod

==== PAGE 3 ====

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 banks) shall be erected on site, to ensure that the hedges and sod banks are not damaged during construction works. The protective fencing shall be erected and maintained throughout the works. Any fencing that becomes damaged must be replaced. Reason: To provide adequate safeguards for the ecological species existing on the site 8. In the event that the development hereby approved is not commenced within 3 years from the date of the submitted ecological information provided in support of the application (before Winter 2022), and updated Preliminary Ecological Appraisal of the site shall be submitted to and approved in writing by the Planning Authority. The PEA shall identify matters of ecological interest within the site and measures to mitigate ecological impacts where appropriate, including a timetable for their implementation. The development shall not be carried out unless in accordance with the approved details. Reason: To provide adequate safeguards for the ecological species existing on the site and to ensure compliance with the CIEEM advice note on the Lifespan of Ecological Reports & Surveys. 9. No works in connection with the development hereby approved (including demolition, ground works and vegetation clearance) shall commence unless a construction environmental management plan (CEMP) has been submitted to and approved in writing by the Department. The CEMP shall include, but not necessarily be limited to, the following; o risk assessment of potentially damaging construction activities. o Identification of "biodiversity protection zones. o Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements). o The location and timing of sensitive works to avoid harm to biodiversity features. o The times during construction when specialist ecologists need to be present on site to oversee works. o Responsible persons and lines of communication. o The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person. o Use of protective fences, exclusion barriers and warning signs. All works carried out during the construction period shall be undertaken strictly in accordance with the approved CEMP. Reason: In the interests of protecting the biodiversity of the environment. 10. Prior to works commencing, plans should be submitted to Planning for written approval containing details of a couple of integrated house sparrow nest boxes (or starling nest boxes which would allow entry by either house sparrow or starling) to be built into the property on the north, west or east elevation, at least 2m above ground level. The development shall not be carried out unless in accordance with the approved details. Reason: To provide adequate safeguards for the ecological species existing on the site. 11. Prior to the demolition of the buildings on site, suitable checks for nesting birds and roosting bats must be undertaken by a suitably qualified ecologist with report submitted to and approved in writing by the Department. If either are present then the works must stop and advice be obtained from the Ecosystem Policy Team.

==== PAGE 4 ====

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 Vegetation removal should ideally take place outside of nesting bird season. If this is not possible then thorough checks for nesting birds should be made first and if present then works must stop and can only recommence once the birds have finished breeding. Reason: To provide adequate safeguards for the ecological species existing on the site. 12. No external lighting shall be installed except in accordance with a detailed external low level lighting scheme which is in accordance with the recommendations outlined in the BCT and ILP Guidance Note 8 Bats and Artificial Lighting (12th September 2018), has been submitted to and approved in writing by the Planning Department. Reason: To provide adequate safeguards for the ecological species existing on the site. 13. The development hereby approved shall not be occupied or operated until all access arrangements, including visibility splays, vehicular and pedestrian areas have been provided in accordance with the approved plans (Drawing Nos. P0006, P0004 and P0003). Such areas shall not be used for any purpose other than for purposes 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 in the interests of highway safety. 14. Notwithstanding the details that have been submitted, the development hereby approved shall not commence until a detailed landscaping strategy has first been submitted to the Department in writing to be agreed. The landscape strategy shall include details of hard surfacing materials, planting plans (at a scale not less than 1:100), written specification of planting and cultivation works to be undertaken and schedules of plants (no non-native species), noting species, plant sizes and proposed numbers / densities and a programme for the implementation, completion and subsequent management of the proposed landscaping. Any proposed planting should be in accordance with details contained within the Planting Palette provided as part of the Strategy. The hard surfacing details shall include details of planters and samples showing the texture and colour of the materials to be used. The development shall be carried out in accordance with the approved scheme and shall be retained as such thereafter. Reason: To ensure that the development achieves a high standard of design, layout and amenity and makes provision for hard and soft landscaping which contributes to the creation of a high quality environment. 15. No development shall take place before sample panels of all proposed materials demonstrating the colour, texture, bond and pointing of any stonework and render have been provided. The Department shall approve in writing the colour, texture, bond and pointing of the materials prior to development commencing and the development shall be carried out in accordance with the approved details. The sample panel shall be retained on site until development is completed or removal is approved in writing by the Department.

==== PAGE 5 ====

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 Reason: To ensure that the development is carried out to the highest standards of materials, in the interests of the appearance of the development and the visual amenities of the area. 16. Notwithstanding the submitted details, no development shall take place other than works of demolition, until details of a Drainage Strategy/Foul Water Management System which includes works for the disposal of storm and surface water, including any required attenuation and/or storage, and SUD's, and maintenance scheme has first been submitted to the Department in writing to be agreed. The Strategy shall also detail any on and / or off site works that may be needed to dispose of foul water from the development and to safeguard the development from foul water flooding No part of the development shall be occupied until the agreed drainage strategy has been implemented. The drainage system shall be permanently retained thereafter in accordance with the approved maintenance scheme. Reason: In order to ensure that adequate drainage/foul water management facilities are provided, and retained, in the interests of the amenity of the area. 17. No development in connection with the development hereby approved shall be occupied/brought into use until the off-site Additional planting within the Area of Additional Planting east of the new dwelling shown on drawing 218/P0007 received 22 August 2022 has been implemented in accordance with the approved details. Reason: In the interests of the character and appearance of the development and the visual amenity of the area. 18. Within three (3) months of commencement of the development hereby approved, details of air source heat pump, ground source heat pump and solar panels, which form part of the development shall be submitted to and approved in writing by the Department. The development shall be carried out in accordance with the approved details and shall be retained as such thereafter. Reason: To ensure the development meets the high innovative and environmental standards which allowed the development to be approved under the exemptions stipulated within Housing Policy 14 of the Strategic Plan. 19. Prior to the installation of the new gate indicated as part of the development hereby approved (on drawings P0003/00 and P0004/00), the proposed gate details shall be submitted to, and approved in writing by the Department. Prior to the occupation of the dwelling, hereby approved, the gate shall be installed in accordance with the approved details and shall be retained as such thereafter, unless otherwise approved by the Department. Reason: To ensure that the proposed gate is suitable visually for both the rural location and the dwelling on site. This approval relates to the submitted documents and drawings all received on 8 April 2022, Additional documents and Plans received 22 August 2022, additional documents and plans received 18 October 2022, and Additional Correspondence received 8 November 2022.

==== PAGE 6 ====

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 This decision has been made for the following reasons(s) Overall, whilst the development would not comply fully with General Policy 3 as it does not comply fully with Housing Policy 12 (given that it seeks to replace an existing dwelling of architectural or historic interest) nor does it comply fully with Housing Policy 14 (although it is considered to be innovative and of high quality design, it would not result in the replacement of a building of poor form with one of a more traditional character), it is considered that the proposal would be acceptable; albeit a finely balanced decision, having acceptable visual impacts upon the landscape, with no adverse impacts upon private or public amenities and it would result in net gain for biodiversity for the site (Environment Policies 1 and 4). Date of Issue: 17th January 2023 Director of Planning and Building Control

==== PAGE 7 ====

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.