DEC Decision Notice

Architecture In Mann 80 Bucks Road Douglas Isle Of Man IM1 3AF

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 Mr Richard And Mrs Julie Cassidy, Ref 18/00504/B, for the Erection of two dwellings together with shared access drive directly off Douglas Road at Part Of Field 234268 Land Adjacent To Cass-a-Lhergy Douglas Road Kirk Michael Isle Of Man and 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 the occupation of the development the visibility splays shall be constructed as indicated on the approved plans and shall remain as approved for the duration of occupation of the development. Reason: To help ensure highway safety
• 3. Prior to the occupation of the development the driveway shall be surfaced in bound and stable material over a minimum distance of 12 metres back from the highway boundary (back of footway) Reason: To minimise the risk of loose material being carried onto the highway
• 4. Prior to the occupation of the development the access, car parking and turning around spaces shall be constructed as indicated on the approved plans and shall remain as approved for the duration of occupation of the development.

Reason: To minimise on-street car parking that could be detrimental to the operation of the highway

• 5. Any gates should be set back at least 6 metres from the back of the footway and should not open towards the highway.

• Reason: To allow vehicles and pedestrians to pass while a car is parked when the gates are being opened.
• 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 maintain the amenities of the area by minimising the level of tree canopy cover lost due to development

• 7. Prior to the commencement of the development hereby approved, the protective measures detailed in the Tree Protection Plan (drawing TP-11719v3) and Arboricultural Method Statement, prepared by Manx Roots and submitted in support of the application, shall be fully installed and/or implemented and retained for the duration of the construction process.

Reason: To ensure that the trees marked for retention are adequately protected from construction activity which may have a detrimental impact on their health and longevity.

• 8. Replacement tree planting shall be carried out in accordance with the Mitigation Planting Plan (prepared by Manx Roots), submitted in support of the application. 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 soon as is reasonably practicable or in the next planting season with others of a 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.

• 9. Notwithstanding Condition 8, no development shall be commenced until a hard and soft landscaping scheme has been submitted to and approved in writing by the Department. Such a scheme shall include details of all walls, fences, gates, any additional planting (beyond that set out in the details referenced in Condition 8) and any other boundary treatments.

Reason: For the avoidance of doubt and to ensure that these details have been fully considered and approved by the Department.

• 10. The hard landscaping approved under Condition 9 shall be carried out prior to the occupation of the development. The soft landscaping approved under Condition 9 shall be carried out in the first planting season following the completion of the development. Any plants 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 soon as is reasonably practicable or in the next planting season with others of a similar size, species and number as originally approved, unless the Department gives written consent to any variation. Reason: To ensure the development takes place in accordance with the approved details.

• 11. Unless required by Conditions 3 or 4, no part of the site may be hard surfaced unless in accordance with details which have been first approved in writing by the Department

Reason: For the avoidance of doubt, and to ensure that areas of the site, particularly the garden to the rear, are not hard surfaced without those details being considered and approved by the Department, particularly having regard to the visibility of the site from the road and it being approved as a departure from land use zoning.

• 12. A 1500mm opaque glass balustrade shall be installed on the edge of the balcony of plot 1 closest to Cass A Lhergy and retained as such thereafter.

Reason: To ensure the development takes place in accordance with the approved plans and to prevent overlooking.

• 13. 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), the following works may not be undertaken unless expressly authorised by this approval (including the conditions):

• - Greenhouses and polytunnels (Schedule 1, Class 13);
• - Extensions (Schedule 1, Class 14);
• - Garden sheds and summer houses (Schedule 1, Class 15);
• - Fences, walls and gates (Schedule 1, Class 16)' and/or
• - Decking (Schedule 1, Class 21).

Reason: For the avoidance of doubt, and to ensure that areas of the site, particularly the garden to the rear, are not subject to developments which may be inappropriate, particularly having regard to the visibility of the site from the road and it being approved as a departure from land use zoning.

This approval relates to the following plans/drawing/information:

• - Drawing No. 18002 01 entitled, "Site and Location Plan" date stamped as having been received 14.05.19
• - Drawing No. 18002 02 entitled, "Proposed Location Plan" date stamped as having been received 14.05.19
• - Drawing Number 18002 03 Revision C entitled, "Site Plan and Sections" date stamped as having been received 24.10.19
• - Drawing No. 18002 04 Revision A entitled, "Plans and Elevations Plot 1" date stamped as having been received 16.07.19
• - Drawing No. 18002 05 Revision A entitled, "Plans and Elevations Plot 2" date stamped as having been received 16.07.19
• - Drawing Number 18002 06 Revision B entitled, "Visibility Splays" and date stamped as having been received 24.10.19
• - Arboricultural Impact Assessment by Manx Roots and date stamped as having been received 16.07.19
• - Tree Protection Plan and Arboricultural Method Statement by Manx Roots and date stamped as having been received 16.07.19
• - Mitigation Planting Plan by Manx Roots and date stamped as having been received 16.07.19
• - Drawing No. TR-11719 1 by Manx Roots and date stamped as having been received 16.07.19
• - Drawing No. TR-11719 2 entitled "Tree constraints" by Manx Roots and date stamped as having been received 16.07.19
• - Drawing No. TR-11719 3 entitled "Tree protection" by Manx Roots and date stamped as having been received 16.07.19

• - Drawing No. MP-11719 4 entitled "Tree planting" by Manx Roots and date stamped as having been received 16.07.19

Date of Issue: 30th December 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.

www.gov.im/Viewapplications 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 current Fees Order; 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 www.gov.im/planningappeal

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.