**Document:** DEC Decision Notice
**Application:** 19/00936/B — Erection of a detached dwelling with associated parking and access
**Decision:** Permitted
**Decision Date:** 2019-10-30
**Parish:** Braddan
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/29727-braddan-adj-to-10-birchley-terrace-dwelling/documents/1047867

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# DEC Decision Notice

Kelly Lewthwaite Building Design 23 Market Street Douglas IM1 2PA

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 Ms Charlotte Titterton & Mr Ian Handbidge, Ref 19/00936/B, for the Erection of a detached dwelling with associated parking and access at Site Adj To 10 Birchley Terrace Onchan 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 the occupation of the dwelling, all railings and vegetation in the site curtilage within the visibility splays indicated on the approved plan shall not exceed 1.0m above the level of carriageway (0.9m above back of footway level) and shall be maintained to not exceed this height thereafter. Reason: To maintain and improve highway safety.
- 3. Prior to the occupation of the dwelling, the surfacing of the access to the dwelling shall be constructed in stable material (not loose stone or gravel) as approved in writing by the Department within 5.0m of the back of footway and retained as such thereafter. Reason: To ensure that loose material does not migrate onto the highway
- 4. In accordance with Condition 4 on the approval in principle 18/00111/A for this site, the existing boundary railings shall be retained albeit reduced to no higher than 1m in height. 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 additional fences, walls or other means of enclosure shall be erected or placed around the curtilage of the dwelling house which fronts onto a highway.

Reason: To control development in the interests of the amenities of the surrounding area in accordance with General Policy 2 and Housing Policy 6, and to ensure the retention of adequate visibility.

- 5. 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 garden sheds, garages, summerhouses or other free standing buildings shall be erected or placed within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.

Reason: To control development in the interests of the amenities of the surrounding area in accordance with General Policy 2 and Housing Policy 6.

This decision relates to the following plans and drawings, date stamped received on 22nd August 2019:

- o WL/19/1469 1C - Floor plans and elevations as proposed
- o WL/19/1469 2 - Site Plan as proposed
- o WL/19/1469 3 - Location Plan
- o WL/19/1469 4 - Block Plan

Date of Issue: 30th October 2019

## Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

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.

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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/29727-braddan-adj-to-10-birchley-terrace-dwelling/documents/1047867*
