**Document:** DEC Decision Notice **Application:** 21/00741/B — Erection of a replacement double garage **Decision:** Permitted **Decision Date:** 2021-11-25 **Parish:** Malew **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/7715-malew-7-arbory-replacement-garage/documents/934837 --- # DEC Decision Notice Cre8 Architecture IOM 31 Arbory Street Castletown Isle of Man IM9 1LL 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 James Dean, Ref 21/00741/B, for the Erection of a replacement double garage at 7 Arbory Road Castletown Isle Of Man IM9 1NA. 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. All external facing and roofing materials shall remain as shown on the plans and specified within the list of external finishes on the submitted Drawing No. 3061/C/050/1 rev. A received 5 October 2021. No new types of materials shall be added to the external elevations of the development, hereby approved. Reason: In the interests of the character and appearance of the site and surrounding area. - 3. Prior to the commencement of the development hereby approved a tree protection plan shall be submitted to and approved in writing by the Department. Tree protection measures shall be shown on a layout plan accompanied by descriptive text which includes but is not limited to details of; - a) The location of the trees to be retained and their canopy spreads; - b) The location of a 'construction exclusion zone' - c) The position of protective fencing and/or other protective measures required to prevent damage to retained trees. - d) An appropriate specification for the protective measures proposed. The development must be carried out in accordance with the approved details. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department. Reason: required prior to commencement to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality. This decision relates to the Design Statement received 6 July 2021; and Covering Letter and Drawing Nos. 3061/C/010 rev. A, 3061/C/020/1 rev. A, 3061/C/050/1 rev A all dated as received 5 October 2021. This decision has been made for the following reasons(s) The proposal meets the tests of Section 18(4) of the Town and Country Planning Act 1999; General Policy 2 and Environment Policies 34 and 35 of the Isle of Man Strategic Plan 2016, as well as Planning Policy Statement 1/01. Date of Issue: 25th November 2021 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 £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. --- *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/7715-malew-7-arbory-replacement-garage/documents/934837*