**Document:** DEC Decision Notice
**Application:** 24/00078/CON — Registered Building consent for demolition elements to PA 24/00077/B
**Decision:** Permitted
**Decision Date:** 2024-05-24
**Parish:** Malew
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/31838-malew-40-malew-demolition/documents/1055960

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# DEC Decision Notice

Samson Designs Mr S T Samson The Workshop Park Road Port St Mary

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Registered Buildings) Regulations 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 David & Mrs Jocelyn Callister, Ref 24/00078/CON, for the Registered Building consent for demolition elements to PA 24/00077/B at 40 Malew Street Castletown Isle Of Man IM9 1AF .

Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes).

1. The works hereby granted registered building consent shall be begun before the expiration of four years from the date of this consent.

Reason: To comply with paragraph 2(2)(a) of schedule 3 of the Town and Country Planning Act 1999 and to avoid the accumulation of unimplemented registered building consents.

The development, hereby approved, shall be carried out strictly in accordance with the following approved plans and documents. Namely:

Drawing No.2308/01 - Location Plan; Drawing No.2308/03 - Proposed Plans, Section & Rear Elevation; Architects Design Statement - January, 2024;

as date stamped received 26th January, 2024. This decision has been made for the following reasons(s) The Registered Building application for the removal of the existing ground floor sun lounge and kitchen located to the rear of the dwelling is acceptable in terms of the impact on the character, fabric and setting of the RB, in that they would not unduly detract from the character, fabric and setting of the RB; or, have an unacceptably adverse impact on the character of the Conservation Area given that the proposed works are to be undertaken to the rear of the main dwelling on the site. The proposed works, including those for the replacement kitchen and living room extension would not unduly impact on the use and enjoyment of neighbouring properties; or, adversely impact on highway safety; and would comply with the principles of General Policy 2, and Environment Policies 32 and 35 of the

Isle of Man Strategic Plan 2016. The Registered Building application is recommended for approval. Date of Issue: 24th May 2024 J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner in accordance with the authority delegated to them.

This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.

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

Implementation The decision does not become final until either

-  Any appeal has been concluded; or
-  21 days have passed since the date on this notice and no appeal has been submitted

Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation.

Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action.

Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain:

-  the grounds for making the appeal;
-  payment of the planning appeal fee (currently £335); and
-  if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £125).

Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated.

An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal

If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application (should one have been received) may be collected by the applicant or their agent from Murray House. 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/31838-malew-40-malew-demolition/documents/1055960*
