DEC 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 JM Project Management Limited, Ref 17/00852/B, for the Erection of 28 residential units and retail unit with associated parking and landscaping at Field 320653 And Part Field's 324324, 324323 & 324321 Ballaglonney Farm Peel Road Crosby Isle Of Man 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. 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 and the maintenance and aftercare schedule for new tree planting received on 7th August, 2017, 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. Prior to any work to create ditches or pipework in the area between the Heritage Trail and the River Dhoo, a construction method statement must be submitted to and approved by the Department to demonstrate that these works will be undertaken in such a way as to avoid damage to an area of ecological value and the works must be carried out in accordance with these details. Reason: To accord with Environment Policies 4 and 7 of the Strategic Plan.
• 6. No development may be undertaken until such times as protective fencing has been erected to protect those trees which are to be retained in positions agreed by the Department and this 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.

• 7. Each of the retail units hereby approved may be used as a shop Class 1 of Schedule 4 of the Town and Country Planning (Permitted Development) Order 2012 and for no other purpose.

Reason: To reflect the nature of the planning approval and to control the impact of the development on the surrounding area.

• 8. Prior to the operation of either of the proposed retail units, the car parking spaces to the north shall be laid out and available for use by staff and customers of the retail units and retained as such thereafter.

Reason: To ensure that there is sufficient car parking available to serve the commercial unit.

• 9. No external lighting may be attached to the retail building, nor may external lighting associated with the retail units be installed within the site without the prior permission of the Department.

Reason: To protect the character of the area and the living conditions of those in properties in the vicinity.

• 10. No items for sale may be stored or displayed for sale outside the retail building; and there may be no outside storage of material, nor the installation of plant or equipment, outside the building.

• Reason: To ensure that all parking and access areas are available for their intended purpose; to preserve the visual appearance of the building; and to ensure that there is no noise nuisance from heating, ventilation or other plant.
• 11. The retail unit may not be open for business after 2200hrs on any day; or before 0700hrs on any day. Reason: To protect the living conditions of those living in nearby residential property.
• 12. The on-site parking, turning and loading areas must be suitably hard surfaced and provided prior to occupation of the proposed development, and be maintained and retained unobstructed thereafter.

Reason: In the interests of highway safety and to ensure that there is sufficient car parking provided to serve the proposed development.

• 13. No construction work may be undertaken on the site other than between 0800hrs and 1900hrs Monday to Saturday inclusive. Reason: To protect the living conditions of those living near the site.
• 14. The retail building must be erected, laid out and used as shown in drawing 16/2576/105F received on 20th November, 2018. In particular, the two units must be arranged as shown and may not be combined or merged, and there may be no additional floor space introduced either through the introduction of mezzanine flooring or other means.

Reason: The proposal as approved represents less than 500 sq m of retail floor space which would not require a Retail Impact Assessment (RIA) to demonstrate that it would not have an adverse impact on the viability and vitality of the town centres; any increase in floor area would be in excess of this and no RIA has been provided.

• 15. Prior to the installation of any pipework between the proposed commercial unit and the junction of the A1 and Old Church Road, a method statement demonstrating how the pipework will be installed without interfering with the roots of existing trees, must be submitted to and approved in writing by the Department. The development must be carried out in accordance with the approved method statement.

Reason: The pipework is shown to pass very close to where there are roots of trees that are to be retained, and it is necessary to ensure that the pipework will be installed without harming the roots of these trees.

• 16. For the avoidance of doubt, the entrance and internal roadways shall be constructed in accordance with drawing reference 15N, should there be any conflict with any other approved plans.

Reason: to ensure that the development is built to the appropriate standards and in accordance with current highway guidance.

This approval relates to the following drawings and information all received on 7th August, 2017:

0800/C203, 1060/C200F, 1060/C201A, 16/2576/16A, 16/2576/17A, 16/2576/18, 16/2576/19C, 16/2576/22, 16/2576/23B, 16/2576/25B, 16/02576/28A, 16/2576/29,

16/02576/30A, 16/02576/35A, 16/2576/40, 16/2576/46, 16/2576/101, 16/2576/101, 16/2576/102, 16/2576/104, 16/02576/106 and 16/2576/301

P1639161102-01P and the Professional Lighting Design report dated 1st November, 2016 The Construction Method Statement for highways, drainage and housing dated 31st October, 2016 The Construction Method Statement relating to the construction of the bus lay-by dated 10th October, 2016 The report of the Manx Bat Group dated 31st July, 2016 The Manx Wildlife Trust report dated October, 2016 The Flood Risk Assessment dated January 2017 and Supplemental Technical Information Issue 2.0 The tree survey dated 23.07.15 and the revised maintenance and aftercare schedule dated 12th May 2017.

16/2576/27C, 16/2576/114, 16/2576/116, 16/2576/118 and 16/2576/300A all received on 7th November, 2018 16/2576/15N, 16/2576/105F received on 20th November, 2018.

NOTE The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 7th 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: 21st 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.