**Document:** Decision Notice
**Application:** 15/01138/A — Approval in principle to demolish existing structures and erection of retaining walls and platform to support a residential dwelling and ancillary accommodation addressing siting, design, external appearance, internal layout, means of access and landscaping
**Decision:** Permitted
**Decision Date:** 2016-01-20
**Parish:** Rushen
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/20942-rushen-traie-menagh-pool-demolition-dwelling/documents/1008643

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# Decision Notice

Michael Warren Associates Ltd Mr M Warren 4 Piping Green Colden Common Winchester SO21 1TU

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

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 Steven Bradshaw, Ref 15/01138/A, for the Approval in principle to demolish existing structures and erection of retaining walls and platform to support a residential dwelling and ancillary accommodation addressing siting, design, external appearance, internal layout, means of access and landscaping at Traie Menagh Pool Site Traaie Meanagh Drive Port Erin Isle Of Man IM9 6LL subject to compliance with the following condition(s) and notes (if any) :

- 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.

- 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
- 3. Prior to the commencement of any works on site, including excavation or demolition, details of the following must be approved by the Department and the works undertaken in accordance with the approved details:

a detailed description of the timing of the work to avoid damage to nesting birds or lizards or their habitat details of how any campions will be removed from site and to where they will be translocated (removal of campions should be kept to a minimum and should only occur where the plants are directly affected by the proposed building, not just indirect effect through shade) dealing with existing invasive species such as montbretia or three cornered leek the spreading of which is an offence under the Wildlife Act 1990.

REASON: to ensure that the scheme is acceptable in all these areas of material concern.

- 4. No approval is hereby granted to the use of any explosives or demolition devices which would adversely affect marine mammals. The advice of DEFA is recommended in this respect. REASON: in order to accord with Environment Policy 4 of the Strategic Plan.
- 5. Approval of the details of siting, design, external appearance of the building[s], internal layout, provision for car parking, means of access, landscaping of the site and lighting of the footpath (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)(No2) Order 2013.

This approval relates to the location plan, site plan, drawings 01, 1414 51, 1414 52, 1414 53, 1414 54, 1414 55, 1414 56, 1414 57, 1414 58 and 1414 60 all received on 12th October, 2015.

NOTE The detailed design should, where possible be physically connected to the cliff side to enable lizards to move from the cliff to the proposed roof.

Date of Issue: 20th January 2016

## Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it in the name of the Minister and/or in the name and on behalf of the Department.

This permission refers only to that required under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

-  Payment of a planning appeal fee as prescribed in the Town and Country Planning (Application and Appeal Fees) (No2) Order 2015 (currently £165);
-  The reasons for making the appeal; and
-  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

No development may be undertaken until such time as the relevant reserved matters have been approved by the Planning Authority.

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is now available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.

https://www.gov.im/planningapplication/services/planning/search.iom

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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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/20942-rushen-traie-menagh-pool-demolition-dwelling/documents/1008643*