**Document:** DEC Decision Notice **Application:** 24/00013/B — Erection of oil tank (retrospective) **Decision:** Permitted **Decision Date:** 2024-05-23 **Parish:** Rushen **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/31922-rushen-dreswick-linden-avenue-oil-tank-retrospective/documents/1056303 --- # DEC Decision Notice Mr Daniel Shimmin Dreswick Linden Avenue Port St Mary IM9 5ER TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019 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 Daniel Shimmin, Ref 24/00013/B, for the Erection of oil tank (retrospective) at Dreswick Linden Avenue Port St Mary Isle Of Man IM9 5ER . 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 development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals. - 2. Within 3 months of this decision notice the timber trellis hereby approved (as shown on drawing OT3B) shall be finished in a dark green in colour and retained as such thereafter Reason: in the interest of visual amenity and to best match the dark green colour of the existing oil tank. - 3. The screen planting hereby approved shall be carried out in accordance with the details as shown on drawing OT1B and OT3B and within the next available planting season. Any screen plants indicated on the plans which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other plants of a similar species and size and retained thereafter. Reason: In the interest of softening views of the oil tank from the neighbours perspective. This approval relates to the following information and drawings: - o OT1B - o OT3B - o Site Photo - - All received 08/05/2024 and - o Location plan - o Site plan - o Site photographs - - All date received 05/01/2024 This decision has been made for the following reasons(s) Overall it is considered that the setback position of the tank, the low level and slim profile design and its dark colour all help to reduce the visual impact and prominence of the tank from public view and within the streetscene and surrounding area. The tank will be visible to the neighbour however is not considered to result in any overbearing or dominating impacts on their overall living condition or outlook to warrant a concern or refusal and the additional trellis and screen planting will help to soften views from the neighbour's perspective. Overall it is considered that the proposal is within the bounds of acceptability having acceptable visual and amenity impact meeting with General Policy 2 (b, c, g) of the Isle of Man Strategic Plan 2016 and not at odds with Section 7 of the Residential Design Guide. Date of Issue: 23rd 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). Where the appeal is submitted by the applicant they must: specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined. 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. --- *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/31922-rushen-dreswick-linden-avenue-oil-tank-retrospective/documents/1056303*