**Document:** DEC Decision Notice
**Application:** 18/00343/B — Construction of block wall and alterations to ground level, and boundary fence above (retrospective)
**Decision:** Permitted
**Decision Date:** 2024-04-04
**Parish:** German
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/48607-german-1-creggans/documents/1097804

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# DEC Decision Notice

Mr Ryan Denham & Miss Rebecca Quane 1 Creggans Avenue Peel Isle Of Man IM5 1DD

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 Ryan Denham & Miss Rebecca Quane, Ref 18/00343/B, for the Construction of block wall and alterations to ground level, and boundary fence above (retrospective) at 1 Creggans Avenue Peel Isle Of Man IM5 1DD.

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

- 2. Notwithstanding the measurement details shown on Site Plan dated 28/03/2028, all of the fence highlighted yellow shall within 12 months of the date of this decision notice be reduced to a height of 1.53m in accordance with the height and finish details specified on the proposed fence detail drawings dated 20/09/2023 and received by email from the applicant dated 15/09/2023.

Reason: the application has been assessed on this reduced height basis for the entire fence in the interest of visual amenity, and either of the three options proposed for the top finish for the reduced fence panels is considered acceptable.

This approval relates to:

- - proposed fence drawings and photographs date received by email 15th September 2023;
- - location plan and site plan date stamped and received 29/03/2018
- - site photographs dated 13/03/2018 and 28/03/2018

This decision has been made for the following reasons(s) The proposed height reduction to the fence is now considered to result in a situation that has a less adverse visual impact on the streetscene and adjacent conservation area as to not significantly detract from the character of the area or to result in any public amenity harm. The application subject to condition relating to the reduced height is considered to be

within the bounds of acceptability of the principles of (b), (c) and (g) of General Policy 2 and not so at odds with Environment Policy 36 of the Isle of Man Strategic Plan 2016.

Date of Issue: 4th April 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Head of Development Management 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
-  election to have the appeal conducted by means of an inquiry(a hearing) or by means of written representation.

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/48607-german-1-creggans/documents/1097804*