**Document:** DEC Decision Notice **Application:** 19/00966/B — Variation of condition one of PA 14/01420/B, Refurbishment of existing farmhouse and barns with link extension to create a dwelling with guest annexe and detached garage, to extend the period of permission by four years **Decision:** Permitted **Decision Date:** 2019-10-16 **Parish:** Arbory **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/28924-colby-croit-e-kirkjufal-extension-garage/documents/1040905 --- # DEC Decision Notice Ashley Pettit Architects James Place Victoria Road Douglas IM2 4HD 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 Christopher Kelly, Ref 19/00966/B, for the Variation of condition one of PA 14/01420/B, Refurbishment of existing farmhouse and barns with link extension to create a dwelling with guest annexe and detached garage, to extend the period of permission by four years at Croit E Kirkjufal Ballakillowey Road Colby Isle Of Man 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. Prior to commencement of the development a mitigation plan detailing Reasonable Avoidance Measures for the protection of the lizards during the removal of the sod bank will be submitted to the Planning Directorate for written approval (please consult with the EPT). The development shall be undertaken strictly in accordance with the mitigation detailed. The development shall be undertaken strictly in accordance with the mitigation for loss of lizard habitat shown in Drawing No. 6. The identified measures shall be adhered to and implemented in full and maintained thereafter. - 3. The development hereby approved shall not be occupied until the parking, turning areas and new access/driveway all to the rear of the dwelling have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles 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 and turning of vehicles in the interests of highway safety. - 4. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Planning Department and these works shall be carried out as approved. Details of the landscaping works include, but not limited to, details of landscaping/pedestrian paths to the front of the dwelling. All further planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials which should be dark in colour. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwellings hereby permitted. Reason: To ensure the provision of an appropriate landscape setting to the development. - 5. No development shall take place until further details of the roadside boundaries have been submitted to and approved in writing by the Planning Department and these works shall be carried out as approved. Such detail should include existing and proposed roadside elevational drawings and existing and proposed sectional drawings. Reason: To control development in the interests of the amenities of the surrounding area. - 6. 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 extensions, alterations, new buildings or means of enclosure shall be installed or erected without the further submission and approval of a planning application. Reason: To control the integrity of future development on the site. - 7. All external facing and/or roofing materials of the extension hereby approved are required to match those of the existing building in respect of Manx Stone walls and natural slate roofs. Reason: In the interests of the character and appearance of the site and surrounding area. - 8. The staff accommodation building and guest accommodation above the garage block may be used only in association with the main dwelling house "Croit E Kirkjufal" and for purposes incidental to the use of main dwelling house "Croit E Kirkjufal" as a single dwelling and for no commercial purposes. Reason: The site is in an area where new dwellings are not normally approved nor considered suitable on this site; however, it is accepted such accommodation is incidental to the use of main dwelling house. - 9. Visibility splays as shown on drawing 06 are required to be provided and retained prior to the occupation of the new dwelling. Reason: In the interest of highway safety This permission relates to the following plans and drawings, date stamped as received 2 September 2019: - o 13-CK-905 - 01 - Site Location - o 13-CK-905 - 02 - Plans and Elevation as Existing - o 13-CK-905 - 03 - Plans as Proposed - o 13-CK-905 - 04 - Roof Plans and Elevations - o 13-CK-905 - 05A - Site Plan - o 13-CK-905 - 06 - Visibility Splays - o 1403D - 02 - Measured Survey - o Structural Report NOTE Common lizards are listed on Schedule 5 of the Wildlife Act 1990; they are protected by law and it is an offence: - o intentionally or recklessly kill, injure or take a lizard - o intentionally or recklessly damage or destroy, or obstruct access to, any structure or place which lizards use for shelter or protection - o intentionally or recklessly disturbs any lizard while it is occupying a structure or place which it uses for that purpose. The maximum penalty that can be imposed is a fine up to 10,000 pounds. Date of Issue: 16th October 2019 ## Director of Planning and Building Control Guidance Note This decision was made by a Principal Planner in accordance with the authority delegated to them. All correspondence which led to the assessment and decision is 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 This decision refers only to that applied for 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 current Fees Order; -  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/ 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. ### PleasenotethatifthecountercopyoftheapplicationisnotcollectedwithinTHIRTY DAYS following the last date on which a planning appeal can be made it will be destroyedwithoutfurthernotice. --- *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/28924-colby-croit-e-kirkjufal-extension-garage/documents/1040905*