**Document:** Decision Notice
**Application:** 18/01205/B — Creation of a swimming pool
**Decision:** Permitted
**Decision Date:** 2018-12-24
**Parish:** Lezayre
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/12194-maughold-thie-y-chleree/documents/987789

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# 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)(No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Miss Lily Mo & Miss Faye Moffett, Ref 18/01205/B, for the Creation of a swimming pool at Thie Y Chleree Church Road Maughold Isle Of Man IM7 1AS subject to compliance with the following condition(s) and notes (if any):

- 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

- 2. The swimming pool shall be retained for use solely by the owners/occupiers of ThieY-Cheree, Maughold and for purposes ancillary to the enjoyment of the dwelling. The swimming pool shall not be used for any commercial purposes such as leasing or health/fitness classes.

Reason: To preserve the special character of the area, restrict the impact of traffic on nearby roads, and protect the residential amenity of neighbours.

This permission relates to the following plans and drawings, date stamped received on 15th November 2018:

- o 14 1083 28 - Site section and location plans
- o 17-174-208 - Proposed garden/pool block plan
- o Photographs (x2) and pool details.

NOTE The applicant is advised to take account of the following recommendations from the DEFA Minerals Advisor:

"Recommendation: DEFA holds information which suggests that the proposed development could lie within close proximity to old mine workings. Prior to any site development, appropriate site investigation should take place to ascertain the presence of any mine workings that could underlie the property in which the development is to take place. We would recommend a non-intrusive investigation in the form of geophysical survey. If the results of the

investigation reveal the presence of mine workings then appropriate measures will need to be incorporated into the design of the proposed development.

Liability: Under the Minerals Act 1986, ownership of all mines and minerals is vested with the Department of Environment, Food and Agriculture (DEFA). The developer is advised that in accordance with the provisions of the Minerals Act 1986, should a collapse of the mineworkings occur as a consequence of the proposed development, DEFA will not be held liable for any damages caused. "

Whilst not a condition to approval, the applicant should take this information on board when undertaking excavation works on the site.

Date of Issue: 24th December 2018

## 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.

All correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.

https://www.gov.im/planningapplication/services/planning/search.iom This decision refers only to that applied for under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

-  Payment of a planning appeal fee as prescribed in the Town and Country Planning (Application and Appeal Fees) (No2) Order 2016 (currently £175);
-  The reasons for making the appeal; and
-  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

### PleasenotethatifthecountercopyoftheapplicationisnotcollectedwithinTHIRTY DAYS following the last date on which a planning appeal can be made it will be destroyedwithoutfurthernotice.

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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/12194-maughold-thie-y-chleree/documents/987789*