Decision Notice

Mr Barry Murphy 3 Altdale Terrace Lezayre Road Ramsey IM8 2LR

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Eastlake Developments Ltd, Ref 24/00763/B, for the Demolition of existing dwelling; construction of 3 detached dwellings; new entrance to replace existing entrance, removal of an existing entrance; providing a passing place to public road; creation of internal shared private access driveway, parking & turning; new foul and surface water systems at Ashwood Ballamenagh Road Baldrine Isle Of Man IM4 6AL .

Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes).

• 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• 2. 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 extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• 3. Prior to the occupation of any dwelling hereby approved the approved works to the access of the site onto the Ballamenagh Road, creation of a passing place and visibility splay(s) all identified on drawing Nr 1054-07 REV A shall be constructed in accordance with the

approved plans and the visibility splay(s) shall also be kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level.

Reason: In the interests of highway safety.

• 4. The swift bird boxes shall be installed in accordance with the details specified on Drawings Nos. 1054-03, 1054-04 and 1054-05 and shall be provided on that dwelling prior to its occupation. Once provided, the bird boxes, bat boxes and bee bricks shall be retained thereafter.

Reason: To safeguard statutorily protected species and in the interest of biodiversity (Environmental Policy 4 & 5.

• 5. All works to be undertaken in full accordance with the tree retention and protection measures, including use of Construction Exclusion Areas, shown in Drawing No. 1054-02 REV B and these shall remain in place till the construction phase of the development in that plot has been completed.

Reason: To retain and protect trees on the site, safeguard the character and amenity of the area, to provide ecological, environmental and bio-diversity benefits.

• 6. No retained tree or hedgerow shall be cut down, uprooted, or otherwise destroyed 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 as shown on drawing 1054-02 REV B. In the event that existing trees marked for retention die or become damaged or otherwise defective prior to commencement or during the construction phase the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: Required to safeguard and enhance the character and amenity of the area, to provide ecological, environmental and bio-diversity benefits and to enhance its setting within the immediate locality.

• 7. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
• 8. All planting, seeding or turfing comprised in the approved details of landscaping on drawing 1054-02 REV B must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the development, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. The hard landscaping works (i.e. footpaths etc) shall be completed in full accordance with the approved details prior to the first occupation of the development thereby permitted. Reason: To ensure the provision of an appropriate landscape setting to the development.

• 9. Prior to the occupation of any dwelling the soakaway/swales and foul water pump/drains as shown on Drawings Nr 22-152-01 REV C and Nr 1054-02 REV B shall be completed ready for use and retained thereafter. Reason: In the interest of surface and foul water drainage.
• 10. Prior to the occupation of any dwelling the passing place/highway works as shown on drawings 1054-02 REV B and 1054-07 REV A shall be completed and retained thereafter. Reason: In the interest of highway safety improvements. This approval relates to the submitted documents and drawing all received on; 04.07.2024

• 1054-01

• 1054-03
• 1054-04
• 1054-05
• 1054-06 1054-08 01 Planning Statement - Sarah Corlett Town Planning Consultancy External Finishes Example Images Computer Generated Images Part 1 & 2 Photographic Record Part 1 & 2 04.07.2024
• 1054-07 REV A

01.11.2024 22-152-01 REV C

• 1054-02 REV B Planning Statement Relating to Drainage Issue 2.0

This decision has been made for the following reasons(s) Overall, it is considered the proposal would be developing a site which is designated for residential development currently and one which has gain previously planning approvals for greater levels of development on this site; albeit a single much larger replacement dwelling. The proposal would provide an additional supply of housing within an existing settlement and would meeting the overarching aims of the IOM Strategic Plan.

In relation to highway safety there are no concerns raised and it is considered the level of parking provision is appropriate for the level of development. The inclusion of a passing place for all road users of the Ballamenagh Road, is of benefit.

Finally, there are no adverse impacts to protect species on this site and appropriate conditions in place to ensure biodiversity on the site is provided and would result in an energy efficient development. Further, the development in terms of foul sewerage would connect to the existing mains services for foul water in compliance with planning policy without having any significant adverse impacts upon the environment.

There are not considered to be any significant impacts upon neighbouring residential amenities to warrant a refusal.

In conclusion, the proposal would comply with; Strategic Policy 1, 2, 3, 4, 5, 10 & 11, Spatial Policy 2 & 5, General Policy 2, Environment Policy 4 & 42, Housing Policy 1, & 2, 3, 4 & 6 and Transport Policy 1, 4, 6 & 7 of the IOM Strategic Plan 2016, Area Plan for the East and the Residential Design Guide 2021.

Date of Issue: 11th December 2024

J CHANCE Director of Planning and Building Control

Guidance Note This decision was made by the Planning Committee in accordance with the authority delegated to it. This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation. A copy of the Officer’s report and any correspondence which informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/online-applications/)

Implementation The decision does not become final until either Any appeal has been concluded; or 21 days have passed since the date on this notice and no appeal has been submitted

Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation.

Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action.

Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain: the grounds for making the appeal; payment of the planning appeal fee (currently £355); and

if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £130). Where the appeal is submitted by the applicant they must:

specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and

Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated. An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application (should one have been received) may be collected by the applicant or their agent from Murray House. 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.