**Document:** Decision Notice
**Application:** 16/01271/A — Approval in principle for erection of new dwelling including remodelling of existing vehicular access
**Decision:** Permitted
**Decision Date:** 2017-04-25
**Parish:** Lezayre
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/22557-lezayre-herondale-main-road-glen-maye-dwelling-outline/documents/1024135

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# 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)(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 Mrs Annette Eio, Ref 16/01271/A, for the Approval in principle for erection of new dwelling including remodelling of existing vehicular access at Land Adjacent To Herondale Main Road Glen Maye Isle Of Man 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. Details of the siting, design, external appearance, internal layout and landscaping (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Planning Authority before any development is commenced and thereafter the development shall only be carried out in accordance with the details as approved.

Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.

- 4. The application for the reserved matters must demonstrate that the dwelling hereby approved will not be at unacceptable risk of flooding. It is recommended that the approved floor level of the dwelling is 600mm above the peak projected flood level. Reason: To protect the dwelling from flooding.
- 5. Prior to any development commencing on the site, the proposed access and visibility splay as shown on approved Drawings 007 and 008 (date-stamped as having been received 14th November 2017) shall be constructed and the visibility splays shall remain unobstructed at a height of 1.05m thereafter.

- Reason: In the interest of highway safety.
- 6. Any application for reserved matters shall include provision for vehicles to enter and leave the site in forward gear. Reason: In the interest of highway safety.
- 7. For the avoidance of doubt, all trees shown as being retained on approved Drawings 005 and 009, both date-stamped as having been received 14th November 2016, shall be retained unless otherwise agreed in advance with the Department.

Reason: In the interest of protecting the important and characterful trees on the site, which sits within an attractively treed area.

- 8. In relation to every existing tree identified as being retained, the plans and particulars submitted as part of any forthcoming Reserved Matters application and in accordance with Condition 7 shall include details of all appropriate tree protection measures required before and during the course of development in accordance with paragraph 5.5 and 6.2 of BS5837:2012.

Reason: In the interest of protecting the important and characterful trees on the site, which sits within an attractively treed area.

The development proposed relates to Drawings 001, 002, 003, 004, 005, 006, 007, 008, and 009, all date-stamped as having been received 14th November 2016.

Date of Issue: 25th April 2017

## 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 2016 (currently £170);
-  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/22557-lezayre-herondale-main-road-glen-maye-dwelling-outline/documents/1024135*
