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Dandara Homes Limited Dandara Group Head Office IoM Business Park Cooil Road Braddan IM2 2SA
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 Dandara Homes Limited, Ref 23/00451/B, for the Erection of 13 terraced & semi-detached dwellings on the site of 9 previously approved detached & semi-detached dwellings on no.s 19 to 23 & 30 to 33 Faragher Road, and amendments to rear plot boundaries and adjacent footpath, bin collection point & parking spaces for no.s 40 & 41 Faragher Road at 19 To 23 & 30 To 33 And 40 & 41 Faragher Road Phase 2 Reayrt Mie Ballasalla IM9 2BL .
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).
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.
Reason: To avoid disturbance or injury to spawning fish, or to the spawn and fry of fish, during the season in which they are most at risk.
Reason: to allow DEFA Fisheries to provide advice on a suitable approach to construction, in order to reduce the possibility of injury or disturbance of fish within the river.
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.
Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs as the landscaping of the site is an integral part of the scheme and must be implemented as approved.
the existing footway on the southeast side of the A5 between the new access and the junction of Ballabridson Park and the section of Ballahick Lane between the A5 and the site are constructed in accordance with those approved details.
Reason: In pursuit of sustainable transport objectives
Reason: to ensure that the facility is maintained to accommodate water from the proposed development.
Reason: To ensure that the development minimises its impact on climate change by utilising renewable energy in accordance with the provisions of Policy GP2 n) of the Adopted Isle of Man Strategic Development Plan (2016).
The development shall be carried out in accordance with the approved documents and drawings:
Drawing No. 01 Rev. A - Phase 2 Site, Location, & Landscaping Plan;
NOTE The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 24th July 2023. The issue of the decision notice has been triggered by the Section 13 agreement having been concluded. The 21 days for appeal (for those with Interested Person Status) runs from the date of the decision notice.
NOTE The applicant is advised to contact Fisheries (tel. 685857, or email [email protected]) to discuss method statements and arrange further advisory site visits as development continues especially before the water course is altered, should the proposal be granted planning approval. As detailed on the attached information sheet, DEFA does not charge for an initial site visit or review of method statement but there is a charge for relocating fish prior to river works. This is likely to be deemed necessary due to the nature of the proposed works on a section of stream, which Fisheries assessment confirm may contain fish, including eels.
This decision has been made for the following reasons(s) It is considered the proposal would not have any significant adverse impacts upon public or private amenities and would therefore comply with Strategic Policy 1,2,3,4,5,10,11, Spatial Policy 3&5, General Policy 2, Environment Policy 4 & 42; Housing Policy 1,2,3,4,5; Transport Policy 1,2,3, 4, 6, & 7; Infrastructure Policy 1,2 and Energy Policy 5 of the IOM Strategic Plan 2016, and the Residential Design Guide 2021. It is recommended that the planning application be approved for the reasons given and subject to an amendment to the previous Section 13 Legal Agreement and the conditions listed.
Date of Issue: 7th December 2023
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 £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.
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