DEC Decision Notice

GBS Design Services Ltd. Mr Geoff BROWN Odins Cottage, Ballachrink Farm Glen Road Colby IM9 4HW

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 Neil Joughin, Ref 22/01293/B, for the Demolition of attached garage and erection of replacement 2 storey house. at 5 Falcon Cliff Terrace Douglas Isle Of Man IM2 4AU.

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. Before commencement, a surface water drainage plan is to be approved by the Department in writing. The approved plan is to be completed before occupation and maintained as such. Reason: to safeguard the drainage infrastructure of the area.

This approval relates to the documents, planning statement, location plan, Existing and Proposed Front Elevations, Existing and Proposed Left Elevations, Existing and Proposed Rear Elevations, Existing Ground Floor Plan, Existing First Floor Plan, Proposed Ground Floor Plan, Proposed First Floor Plan, Proposed Left Elevation of Existing House, Proposed Section View which have been received on 20th October 2023 and Percolation test date stamped as having been received on 12th May 2023.

This decision has been made for the following reasons(s) The proposal provides one new house with moderate alteration to amenities of the two neighbouring dwellings and has a neutral impact on the character of the area.

The proposal is considered to comply with General Policy 2 and Transport Policy 7 of the Strategic Plan and Residential Design Guide July 2021.

Date of Issue: 4th July 2023

Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner 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 £335); 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 £125). 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 (should one have been received) 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.