**Document:** DEC Decision Notice **Application:** 22/00182/B — Alterations an erection of extension to existing dwelling and erection of a detached garage **Decision:** Permitted **Decision Date:** 2022-07-19 **Parish:** Malew **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/8619-malew-thurlby-cottage-ballagawne-extension-garage/documents/947359 --- # 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 Josh & Miss Lucy Smith & Verdon, Ref 22/00182/B, for the Alterations an erection of extension to existing dwelling and erection of a detached garage at Thurlby Cottage Ballagawne Ballabeg Castletown Isle Of Man IM9 4HL . 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 Arboricultural Method Statement (AMS), adhering to the recommendations of BS5837:2012 (Trees in relation to design, demolition and construction - recommendations), shall be submitted to and approved in writing by the Department. The AMS should confirm what protection measures are going to implemented, how and when they are they are going to be implemented, and how arboricultural site monitoring will take place throughout the construction process, in sufficient detail to provide a high level of confidence in the outcome for retained trees. The agreed protection measures and construction methods shall be adhered to in full. Reason: to provide a level of technical detail sufficient to provide a high level of confidence in the outcome for retained trees on the site. - 3. Prior to the commencement of the development hereby approved, the protective measures detailed in the Tree Protection Plan (Drawing No. OTP-100222) and Arboricultural Method Statement approved under 2 above shall be fully installed and implemented and retained for the duration of the construction process. - Reason: To ensure that agreed protection measures are fully implemented throughout the construction phase. - 4. No retained tree identified on Drawing No. TR-100222 shall be cut down, uprooted, destroyed, or damaged in any manner during the development phase and thereafter within - 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented. Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated. - 5. All external facing and roofing materials shall remain as shown on the plans and specified within the list of external finishes on the Planning Statement, and submitted Drawing Nos. 21 1512 /03 and 21 1512, received 15 February 2022. 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. - 6. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area. - 7. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no garages or other free standing buildings shall be erected within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area. - 8. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no garden sheds or summerhouses shall be erected or placed within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area. This approval relates to the following plans and documents: - o Cover Letter and Drawing Register, - o Planning Statement, - o Photographs, - o Arboricultural Impact Assessment, and - o Drawing Nos. 21 1512/00, 21 1512/01, 21 1512/02, 21 1512/03, 21 1512/04, TR100222, OTP-100222 and TS-260122, All received 15 February 2022, and - o Bat Survey received 6 July 2022. This decision has been made for the following reasons(s) Overall it is concluded that the planning application accords with the provisions set out in Housing Policy 15, and Environment Policies 1, 3, and 4 of the Isle of Man Strategic Plan 2016. Date of Issue: 19th July 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 £305); 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 £115). 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/8619-malew-thurlby-cottage-ballagawne-extension-garage/documents/947359*