**Document:** DEC Decision Notice
**Application:** 21/00996/CON — Registered Building Consent for demolition elements of PA 21/00995/B
**Decision:** Permitted
**Decision Date:** 2021-11-01
**Parish:** Braddan
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/24353-braddan-8-derby-demolition/documents/1111582

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# DEC Decision Notice

Savage & Chadwick Armitage House Lord Street Douglas Isle Of Man IM1 1LE

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 Headwall Ltd, Ref 21/00995/B, for the Replacement of existing dwelling and workshop and with three dwellings including staff accommodation (in association with PA 21/00996CON) at 8 Derby Square Douglas Isle Of Man IM1 3LS .

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. Obscure glazing (Pilkington level 5 or equivalent) shall be installed in the following windows/balconies and shall be maintained as such thereafter;

South Gable Elevation - first floor Lounge

North and South Balcony - Fifth Floor (roof) Balconies side elevations Reason: In tern interests of neighbouring residential amenities.

- 3. The development (individual dwelling) hereby approved shall not be occupied or operated until the parking has been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking 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 in the interests of highway safety.
- 4. Prior to the commencement of the development a scheme which shows the following shall be provided and shall be fully implemented prior to the occupation of any dwelling;

- o swift nest brick installed high up under the balustrade of each of the new properties
- on the western elevation. Swift bricks can be substituted for normal building bricks and therefore the visual impact will be minimal;
- o Bat bricks are installed high up on each of the properties on the eastern elevation but as far away as possible from artificial light from windows. Bat bricks can be substituted for normal building bricks and therefore the visual impact will be minimal; and
- o Manx native tree species are planted in the front garden areas, details shall include a time scale for planting and type and height of tree to be planted. Reason: In the interest of biodiversity within the site.

- 5. The development shall not commence until such times as plans, elevations and/or sections as appropriate at a scale of 1:20 have been approved in writing by, the Department in respect of:

- a) String course;
- b) Cornices;
- c) Front door, to include arched window above;
- d) Windows to the front elevation;
- e) Hood moulds; and
- f) Wrought Iron railings and gates. The development shall be carried out in accordance with these details. Reason: To ensure the details of the development are appropriate for the location.

This approval relates to the submitted documents and drawings reference numbers all received;

15.09.2021 12-01 REV 1

- 11-01 REV 1
- 12-02 REV 1

- 10-101 REV 1

- 10-01 REV 3

10-102 REV 1 10-100

- 10-02 REV 1 HLK/07/0107/2A

This decision has been made for the following reasons(s) The proposal would result in an enhancement to the Conservation Area and the street scene given the design, proportion, form, scale and finish of the properties, while not having any significant adverse impacts upon private or public amenities. Accordingly, the application would comply with the relevant policies.

Date of Issue:

1st November 2021

Director of Planning and Building Control

Guidance Note

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

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 £295); 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 £110). 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 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/24353-braddan-8-derby-demolition/documents/1111582*
