DEC Decision Notice

Hartford Homes Ltd Peterson House Middle River Douglas IM2 1AL

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 Hartford Homes Ltd, Ref 18/00862/B, for the Erection of 16 dwellings with associated infrastructure and landscaping at Annacur House Annacur Lane Douglas Isle Of Man IM2 2EA 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. Prior to occupation of the development, visibility splays of 2.4m x 25m in both directions must be provided at the site access junction as shown on drawing no. ITB13547GA-002 revision D and the splays must be permanently maintained as such unobstructed thereafter with nothing above 1m in height within the visibility splay areas.

Reason: To comply with the visibility standards for 20mph traffic which the development has been designed for.

• 3. Prior to the occupation of any dwelling 2 car parking spaces associated with that dwelling as shown on approved drawing 003 REV F shall be provided and retained free from obstruction thereafter.

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

• 4. Prior to the occupation of each dwelling the road between Farmhill Lane and the dwelling shall be constructed to at least base course level.

Reason: To ensure that the dwellings and parking spaces are accessible in the interests of highway and pedestrian safety.

• 5. All planting as shown on drawing 003 REV F (with the exception of the northwest boundary with Farm Hill Cottage) shall be carried out in accordance the approved details in the first planting and seeding seasons following the first occupation of each dwelling permitted or must be carried out in the first planting and seeding seasons following the

completion of the development, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: To ensure the provision of an appropriate landscape setting to the development.

• 5. All planting as shown on drawing 003 REV F shall be carried out in accordance the approved details in the first planting and seeding seasons following the first occupation of each dwelling permitted or must be carried out in the first planting and seeding seasons following the completion of the development, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Reason: To ensure the provision of an appropriate landscape setting to the development.
• 6. No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase 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.

• 7. Prior to the commencement of the development hereby approved, the protective measures detailed in the Tree Protection Plan (drawing TR-19918) and Arboricultural Method Statement, prepared by Manx Roots and submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process.

Reason: To ensure that trees marked for retention are adequately protected, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

• 8. Prior to the commencement of the development hereby approved, details of all tree protection monitoring and site supervision by a suitably qualified tree specialist (where arboricultural expertise is required) shall be submitted to and approved in writing by the Department. The development thereafter shall be carried out in strict accordance with the approved details.

Reason: Required prior to the commencement of development in order that the Department may be satisfied that the trees to be retained will not be damaged during development works and to ensure that, as far as is possible, the work is carried out in accordance with the approved details

• 9. The replacement tree planting shall be carried out in accordance with the BS8545:2014 Planting Proposal, submitted in support of the application by Manx Roots Tree Management Ltd. The planting shall be carried out in the first planting season following the completion of the development. Any trees which, within a period of 5 years from their

planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased, shall be replaced as is reasonably practicable or in the next planting season with others of similar size, species and number as originally approved, unless the Department gives written consent to any variation.

Reason: To ensure that replacement tree planting takes place to mitigate the tree removal required to facilitate the development.

• 10. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• 11. The proposed first floor bathrooms windows for Plots 9, 10, 11, 12, 13, 14, 15 & 16 shall be glazed with obscure glass to Pilkington Level 5 or equivalent and permanently retained as such.

Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy.

• 12. All recommendations listed within Section 4.0 of the approved "Preliminary Ecological Appraisal Report" prepared by Manx Wildlife Trust are to be full adhered to. Reason: To provide adequate safeguards for the ecological species existing on the site.
• 13. Prior to the commencement of the development, full construction details of the proposed footway between the site and the existing highway bend of Annacur Lane shall be submitted to and agreed in writing by the Department. The footway shall be constructed in accordance with the approved details prior to first occupation of the development.

Reason: It is essential for a footpath link to be in place between the site and Annacur Lane for highway safety and amenity purposes.

• 14. The footway between Plots 6 & 7 shall be constructed in accordance with the approved details prior to occupation of Plots 4, 5, 6 & 7.

Reason: It is essential for a footpath link to be in place between the site and Annacur Lane for highway safety and amenity purposes.

• 15. The north western boundary treatment (boundary with Farm Hill Cottage) shown on drawing 015 shall be constructed in accordance with the approved details prior to the commencement of Plots 12, 13, 14, 15 and 16 and retained thereafter. Reason: In the interest of neighbouring amenities.

This approval relates to the submitted documents and drawings reference numbers 001, 002, 003 REV F, 004, 005 REV B, 006 REV B, 10, 11, 12, 13, 14, 015, "Preliminary Ecological Appraisal Report" prepared by Manx Wildlife Trust, Tree Protection Plan, Arboricultural Method Statement and Planting Proposal all prepared by Manx Roots, TR19918, and BT/ITB13547-002A TN prepared by I Transport received on 14th August 2018, 25th September 2018, 5th October 2018, 2nd November 2018, 7th December 2018 and 7th January 2019.

NOTE For the avoidance of doubt no approval is hereby given for the erection of any signage on the site.

NOTE The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 21st January 2019. 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.

Date of Issue: 25th February 2019

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

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.