**Document:** DEC Decision Notice **Application:** 23/00295/B — Variation of condition 4 of PA 21/00061/B for the removal of two trees **Decision:** Permitted **Decision Date:** 2023-05-29 **Parish:** Michael **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/10092-kirk-michael-borodaill-glen-mooar/documents/967306 --- # DEC Decision Notice Mr Jason Bulliment Borodaill Peel Road Glen Mooar Kirk Michael Isle Of Man IM6 1HL ## 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 Jason Bulliment, Ref 23/00295/B, for the Variation of condition 4 of PA 21/00061/B for the removal of two trees at Borodaill Peel Road Glen Mooar Kirk Michael Isle Of Man IM6 1HL . 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. This approval relates to the extension and alterations of the existing property creating a larger property which may only be used as a single dwelling house, including those uses appertaining to dwellinghouses as set out in the Town and Country Planning (Permitted Development and Change of Use) (Development) (No.2) Order 2019 or any Order superseding this. Reason: to control the creation of unauthorised dwellings in areas not designated for development. 3. The garage accommodation may be used only for the storage of vehicles or domestic items associated with the occupation of Borodaill as defined in red in the application and may not be altered or used other than as shown in the submitted drawings. Reason: to protect the amenities of the countryside. 4. Within one month of removing either one of trees, a planting specificaiton for two trees shall be submitted to the Department and approved in writing. The plan should include the size, species and positions of two trees. All planting in the approved planting scheme must be carried out in the first planting and seeding seasons following the removal of either one of the trees. Within five years from the date the planting specifcation is approved, either or both trees dies, are removed or become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department. This approval relates to the documents, existing and proposed site plan date stamped as having been received on 3rd March 2023. This decision has been made for the following reasons(s) This application is considered to comply with General Policy 2 of the Strategic Plan. Date of Issue: 29th May 2023 ## Director of Planning and Building Control ## Guidance Note This decision was made by a Principal Planner 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 - 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 $£ 125$ ). 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 (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. --- *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/10092-kirk-michael-borodaill-glen-mooar/documents/967306*