Decision Notice

Ellis Brown 12 Strathallan Crescent Queens Promenade Douglas IM2 4NR

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 J M Project Management Limited, Ref 16/01131/REM, for the Reserved Matters details of the construction of seven dwellings with associated drainage, landscaping, access, lighting, pedestrian crossing and parking relating to PA 15/00775/A at Field 320653 Main Road Crosby Isle Of Man subject to compliance with the following condition(s) and notes (if any) :

• 1. The development hereby approved must be commenced before 29th June, 2020.

Reason: To comply with Article 14 of the Town and Country Planning (Development Procedure)(No2) Order 2013 and to avoid the accumulation of unimplemented approvals and also to accord with the approval in principle granted under 15/00775/A.

• 2. Once the development can be connected to the public sewage treatment works, it must be and the stand alone temporary works hereby approved including any associated pipework which then becomes redundant, must be removed from site and the ground made good within 6 months of the connection of the site to the public system.

Reason: To remove any unwarranted structures or apparatus to enable the land to be used for its authorised purpose (currently open space).

• 3. Landscaping, (including mitigation tree planting) and post planting maintenance shall be carried out in accordance with drawing 1060/C200F, in the first planting and seeding season following completion or occupation of any part of the development, whichever is the sooner. Any trees or plants (including those retained as part of the development) which within a period of 5 years from the completion of the development are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation.

Reason: To ensure that the landscaping which is an integral part of the development, is implemented and maintained.

Note: For clarification, standard trees are 2.5 - 3m tall and extra heavy standards have a circumference of 14-16cm.

• 4. There must be no disturbance to the bed or margins of the south eastern stream including disturbance due to in-channel works or entry to the watercourse by machinery and to ensure this, details of any proposed works to the north western bank profile of the stream running along the south eastern side of the site together with a construction method statement must be submitted to and approved in writing by the Department prior to the start of the construction of the path and the culvert and any embankment works: the method statement shall outline a suitable construction approach to reduce the possibility of disturbance of fish within the stream and the works must be carried out in accordance with these details and this statement all to avoid disturbance or injury to fish and protection of the aquatic and bankside habitat.

Reason: To accord with Environment Policy 7 of the Strategic Plan and the Wildlife Act 1990.

• 5. No development may commence until such times as protective fencing has been erected in positions approved by the Department to protect those existing trees which are to be retained, during construction. The approved fencing must be retained during the course of construction.

Reason: To ensure that the landscaping is effected in accordance with the approved plans and in the interests of the amenities of the area.

• 6. Prior to the occupation of any dwelling the garage, car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter.

Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.

• 7. No construction work may be undertaken on the site other than between 0800 and 1900hrs Monday to Saturday inclusive.

Reason: To ensure that the living conditions of those living near the site are not adversely affected.

• 8. Prior to the installation of any pipework between the proposed commercial unit and the A1/Church Road, the applicant must have approved by the Department, a method statement demonstrating how the pipework will be installed without interfering with the roots of existing trees.

Reason: The pipework is shown to pass very close to where there are tree roots of trees to be retained and as such, a condition should be imposed if the application is approved, to seek the details of how this pipework will be installed without harming the roots of these trees.

This approval relates to the following drawings and information: 0800/C203, 0700/PL104, 0700/PL105, 0700/PL106, 1060/R010 and "Construction of bus lay-by Construction Method Statement" received on 26th October, 2016 P1639161102-01P, 1060/T01, "Construction of highway, drainage and housing Construction Method Statement" and Street Lighting specification prepared by Professional Lighting Design, dated 1st November, 2016, all received on 4th November, 2016 16/2576/01A received on 9th November, 2016 "Flood Risk Assessment" dated January 2017 and received on 24th January, 2017 16/2576/02B, 16/2567/03B, 16/2576/16A, 16/2576/17A, 16/2576/19B, 16/2576/23B, 16/2576/25B, 16/2576/31A, 1060/C201A all received on 22nd May, 2017

Landscaping maintenance and aftercare schedule dated 12th May, 2017 and received on 22nd May 2017 1060/C200F received on 26th June, 2017 1060/C200F received on 26th June, 2017 and 16/2576/15F and 16/2576/26B both received on 5th October, 2017.

Date of Issue: 17th November 2017

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it in the name of the Minister and/or in the name and on behalf of the Department.

This permission refers only to that required 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/

The proposed development must not be commenced until either;

•  The time for requesting an appeal has expired; or
•  Any appeal has been determined;

Whichever is the later.

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.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is now 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

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.