Appeal Decision Notice PA 03/01846/B

Rheynn Reiltys Ynnydagh as y Chymmyltaght

Isle of Man Government Reiltys Ellen Vannts

Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Tel: (01624) 685859 Fax: (01624) 685873 E-mail: [email protected] Chief Executive K.A. Kinrade

Please reply to the Chief Executive

Our ref: KAK/AJC

26 Jan. 2007

25th January 2007

Dear Sir/Madam,

ON APPEAL: PA03/01846 – Heritage Homes Ltd – Residential estate development comprising roads, plots, sewers and layout for 26 semi- detached dwellings, 14 terraced dwellings, 10 apartments, 1 children’s nursery, 1 public house with managers accommodation and 2 lock up retail untils on land north of Ramsey Power Station and west of Gardeners Lane, off Gardeners Lane, Poylldooey, Ramsey.

I refer to the recent appeal hearing in respect of the above planning application.

In accordance with the provisions of the Town and Country Planning (Development Procedure) Order 2005, I am enclosing herewith a copy of the report of the person appointed to hear this appeal.

The Minister has considered the report, concurs generally with the appointed person’s conclusions, and accepts the recommendation that

(a) the appeal by Mr and Mrs Martin should be dismissed; and that

(b) the appeal by the applicant should be allowed to the extent that condition (5) is deleted and condition (6) is varied.

In so doing, the Minister has noted that the West Ramsey Development Framework which has been published by the Department should enable the Department to ensure the timely provision of neighbourhood facilities. He has also directed that the wording of the revised condition (6) should be clarified. Formal notice of this decision is attached hereto.

Yours faithfully

K. Kinrade

Chief Executive.

Please see over for circulation list/.....

Circulation List - PA 03/01846

1. Heritage Homes Ltd, Park House, Isle of Man Business Park, Cooll Road, Braddan, IM2 2SA,
2. Ramsey Town Commissioners, Clerk to the Commissioners, Town Hall, Ramsey, IM8 1RT,
3. IOM Fire and Rescue Service, Fire Service Headquarters, Elm Tree House, Elm Tree Road, Onchan, Isle of Man,
4. Disability Access Officer, Manx Foundation for the Physically Disabled, Masham Court, Victoria Avenue, Douglas, Isle of Man,
5. Community Safety Unit, Police Headquarters, Douglas, Isle of Man,
6. Inland Fisheries Development Manager, Department of Agriculture, Fisheries and Forestry, Rose House, 51-59 Circular Road, Douglas, IM1 1AZ,
7. Wildlife & Conservation Office Advisory Division, Knockaloe Farm, Peel, IM5 3AJ,
8. Manx National Heritage, Kingswood Grove, Douglas, Isle of Man,
9. IOM Water Authority, Head Office, Tromode Road, Douglas, Isle of Man,
10. Department of Health & Social Security, Social Services Division, Reayrt Carnane, Westmoreland Road, Douglas, IM1 4QA,
11. S.P.M.C.&E., Glebe Cottage, Church Road, Maughold, IM7 1AS,
12. Drainage Division, Department of Transport, Meary Veg, Balnahowe, Santon, IM4 1HL,
13. E Dawn J Saltwell, 4 Gardeners Lane, Ramsey, IM8 2PR,
14. Griffindesign (on behalf of Mr & Mrs D L Jones), Cornerstones Lache Hall Crescent, Chester, CH4 7NE,
15. Andrew Jessopp, Sea Cliffs, Old Castletown Road, Port Soderick, Isle of Man,
16. Mr A Malone, Ivy Cottage, Gardeners Lane, Ramsey, Isle of Man,
17. Mrs Porter, 47 Lezayre Park, Ramsey,
18. Mr & Mrs K Martin, 81 Lezayre Park, Ramsey, IM8 2PU,
19. C Arnell, The Ramsey Trewierman, 84-86 Parliament Street, Ramsey, Isle of Man,
20. Hon A R Bell MHK, Legislative Buildings, Douglas.

Application No. 03/01846/B - ON APPEAL

Ref: KAK/AJC

THE TOWN AND COUNTRY PLANNING ACT 1999

THE TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE)

ORDER 2005

TO:

Heritage Homes Ltd Park House Isle of Man Business Park Cooll Road Braddan IM2 2SA

[Copies as per Circulation List]

In pursuance of his powers under the above Act and Order, the MINISTER for Local Government and the Environment, following report by the appointed person, does hereby APPROVE the application by Heritage Homes Ltd - residential estate development comprising roads, plots, sewers and layout for 26 semi-detached dwellings, 14 terraced dwellings, 10 apartments, 1 children's nursery, 1 public house with managers accommodation and 2 lock up retail units on land north of Ramsey Power Station and west of Gardeners Lane, off Gardeners Lane, Poylidooey, Ramsey subject to compliance with the following conditions:-

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

1. This approval relates to drawing no's 016, 2291.10a, 2291.11, 2291.12, 2291.13, 2291.14.C, SH/A&M/01, SH/A&M/02, SH/A&M/03, SH/H/(Ta)/01 rev. A, SH/H(Terrace)/01 rev. A, SH/H(Ta)/20, SH/H(Ta)/30, SH/LD/20, SH/LD/30, SH/LD_M/01, SH/LD_M/02 and SHM(T)/01 rev.A date stamped the 9th February 2005.

1. No development shall commence until full details of both hard and soft landscape works have been submitted to and agreed by the Planning Authority and these works shall be carried out as approved. All planting, seeding or turfing comprised in the approved landscape works must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, become seriously damaged or become diseased must be replaced in the next planting season with others of a similar size and species.

1. No development shall commence until details of the colour and material finishes to be used in the construction of the external elevations of the development have been submitted to and agreed by the Planning Authority.

1. The last two dwellings of the development hereby approved shall not be occupied until the approved play areas have been laid out and made available for use as such.

1. There must be no discharge of surface water to the main foul sewerage system.

1. The Manx Museum and National Trust must be informed of the date of the commencement of development and be given access at all reasonable times and reasonable opportunity to inspect the site, observe all excavations and investigate any archaeological features that may be exposed.

NOTE: It is requested that the applicant/developer contact the Department of Local Government and the Environment's Estate and Housing Section to discuss the potential for setting aside some of the dwellings hereby approved as properties eligible for the Department's first time buyers scheme.

NOTE: The applicant/developer is advised to contact the Isle of Man Fire and Rescue Service to discuss the provision of fire hydrants and to ensure that adequate fire precautions are taken.

NOTE: The applicant/developer is advised to contact the Isle of Man Water Authority to discuss service provision to the development.

NOTE: The applicant/developer is advised that the site is believed to contain Japanese Knotweed. It is recommended that the Department of Agriculture, Fisheries and Forestry are contacted prior to the commencement of development to ensure that appropriate measures are undertaken with regard to the correct removal of the plant from the application site.

Dated this 25th day of January 2007.

By Order of the Minister

Murray House, Mount Havelock, Douglas, Isle of Man.

L. L. L. L. L. L.

Chief Executive

Note 1: This permission refers only to that required under the Town and Country Planning Acts and does not include any consent or approval under any other enactment, by-law, order or regulation.

Note 2: A copy of the report of the appointed person is appended hereto.