**Document:** DEC Decision Notice
**Application:** 21/00737/B — Erection of a detached dwelling
**Decision:** Permitted
**Decision Date:** 2022-03-29
**Parish:** Lonan
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/8083-lonan-vacant-plot-3-dwelling/documents/939632

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# DEC Decision Notice

Penketh - Millar 23 West Quay Ramsey Isle Of Man IM8 1DL

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 Mark Grace, Ref 21/00737/B, for the Erection of a detached dwelling at Vacant Plot (Plot 3) Plot Adjacent To Hazelwood House Ballaragh Road Laxey IM4 7PH.

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. Prior to the commencement of the development hereby approved, an on-site Montbretia Control Plan which sets out measures to prevent the spread of Montbretia which is a non-native invasive plant species shall be submitted to and approved in writing by the Department. The development shall not take place other than in accordance with that Plan.

Reason: To ensure that Montbretia is not spread via course during the construction phase of the approved development.

- 3. The development hereby approved shall not be occupied or operated until the parking and turning areas have 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 hereby approved, the flood protection details at site entrance and drainage management for the site shall be submitted to and approved in writing by the Department. The development shall not take place other

than in accordance with the agreed details and shall be permanently retained thereafter in accordance with the approved scheme.

Reason: To ensure that adequate drainage/flood control measures are provided, and retained, in the interests of the amenity of the area.

- 5. 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 Bat and bird boxes installed high up under the roof line;
- o Bird bricks installed on the North-west elevation;
- o Bat bricks installed on the south east elevation. Reason: In the interest of biodiversity within the site. This approval relates to:
- o Site Photographs, 3D Imaging, Planning Statement, Covering Letter, and Drawing Nos. 20 1479 01, 20 1479 02, 20 1479 03, received 30 June 2021; and
- o Site Photographs, Drawing Nos. 20 1479 04 Rev A, and 20 1479 05, date stamped and received 12 November 2021.

This decision has been made for the following reasons(s) It is considered that the planning application is in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016 and the relevant sections of the Residential Design Guide 2019 and it is therefore recommended that the planning application be permitted.

Date of Issue: 29th March 2022

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/8083-lonan-vacant-plot-3-dwelling/documents/939632*
