**Document:** Decision Notice
**Application:** 16/01239/B — Erection of new dwelling.
**Decision:** Permitted
**Decision Date:** 2017-01-27
**Parish:** Malew
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/23037-malew-site-adjacent-new-build-dwelling/documents/1028479

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# Decision Notice

Hartford Homes Ltd Peterson House Middle River Douglas IM2 1AI

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 Hartford Homes Ltd, Ref 16/01239/B, for the Erection of new dwelling. at Site Adjacent To West Ham Arbory Road Castletown Isle Of Man IM9 1ND subject to compliance with the following condition(s) and notes (if any) :

- 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

- 2. No other development may be commenced until such time as the protection measures shown in the Tree Survey and Report have been installed. The protection measures, construction methods and tree planting detailed in the "Tree Survey and Report" prepared by Manx Roots Tree Management Limited received on 25th November, 2016, must be adhered to in full, subject to the undertaking of the pre-arranged supervision detailed in Section 2, Appendices 5 and 7, by a suitably qualified tree specialist. No retained tree shall be cut down, uprooted or wilfully destroyed during the implementation of the development and thereafter within 5 years from the completion date, other than in accordance with the approved plans and particularly or as otherwise approved by the Department. This condition will only be fully discharged on completion of the development subject to submission of satisfactory written evidence of contemporaneous supervision and monitoring by a suitably qualified tree specialist of the tree protection throughout construction.

Reason: To provide an appropriate landscaped setting to the development and to protect the wildlife which may occupy or use this vegetation.

- 3. The mitigation planting - the four rowan trees referred to in the application, must be introduced in the first planting season following the completion of the dwelling. Any of these trees which die or are removed within 5 years of being planted must be replaced with the same species and size of the trees and in the same place as those which are to be replaced.

Reason: to provide an appropriate landscaped setting for the new dwelling and to mitigate the loss of the trees removed during development.

This approval relates to drawings 01, 02, 03 , 04 and 001 all received on 2nd November, 2016.

Date of Issue: 27th January 2017

## Director of Planning and Building Control

Guidance Note

This decision was made by a Senior Planning Officer in accordance with the authority delegated to them 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/

The proposed development must not be commenced until either;

-  The time for requesting an appeal has expired; or
-  Any appeal has been determined;

Whichever is the later.

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/23037-malew-site-adjacent-new-build-dwelling/documents/1028479*
