Decision Notice

Fairway Construction Ltd Mr Jonny Cowley 29 Fairway Drive Ramsey IM8 2BD

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 Fairway Construction Ltd, Ref 24/91324/B, for the Erection of 3 detached townhouses. at Land Adjacent To St Olave's Jurby Road Ramsey Isle Of Man .

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. The ground finished floor level of the three storey dwellings shall be 22.00 as shown on drawings BR-2024-FAIRWAY_PL01 and BR-2024-FAIRWAY_PL05.

Reason: to ensure the dwellings are built in accordance with the approved ground/floor levels and in the interest of the visual amenities of the area and neighbouring amenities.

• 3. All existing trees shall be retained, unless shown on the approved drawing BR-2024FAIRWAY_PL01 as being removed. Reason: to ensure the continuity of amenity afforded by existing trees.
• 4. No development shall take place until full details of soft landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting showing, type, size, maximum height growth and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development. 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

• Reason: To ensure the provision of an appropriate landscape setting to the development and for biodiversity net gain.
• 5. No development shall take place until full details of hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. The hard landscaping should include details of the surface finish of the driveways, shared access, footpaths and any fencing/walls to all boundaries of the dwellings/site. No dwelling hereby approved shall be occupied until the hard landscaping works shall be completed in full accordance with the approved details. Reason: To ensure the provision of an appropriate landscape setting to the development.
• 6. No dwelling hereby approved shall be occupied until the parking area associated with that dwelling and shared access road and turning provision have been provided in accordance with the approved plan BR-2024-FAIRWAY_PL01. Such areas shall not be used for any purpose other than the parking of vehicles associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking
• 7. No dwelling hereby approved shall be occupied until the visibility splay(s) identified on drawing BR-2024-FAIRWAY_PL01; shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level. Reason: In the interests of highway safety.
• 8. Prior to the commencement of any development a schedule of materials and finishes and/or 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 details shall demonstrate how at least one of the dwellings external brickwork and cladding to the front elevations will be finished differently to the other dwelling/s hereby approved and also the window frames shall be finishes in aluminium. 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.
• 9. Along the north west elevation of Plot 1 all scaffolding shall only be 2 boards in width (0.8m), unless otherwise agreed in writing with the Department. Reason: In the interest of tree protection of neighbouring trees.
• 10. The front boundary wall shall be finished in traditionally laid Manx stone (as existing) to a height of 1m unless otherwise agreed in writing with the Department. Reason In the interests of the character and appearance of the site and surrounding area.
• 11. 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.

• 12. Prior to the commencement of any development a detailed scheme showing positions of bird brick/s with the elevations of the dwellings hereby approved shall be submitted in writing to the Department for approval. These approved details shall be installed prior to the occupation of the dwelling/s and retained thereafter. Reason: In the interests of biodiversity gain.
• 13. Prior to the commencement of any development a detailed scheme showing positions of bat brick/s to the upper sections of the north west elevation of Plot 1 and south east elevation of Plot 3 of the dwellings hereby approved shall be submitted in writing to the Department for approval. These approved details shall be installed prior to the occupation of the dwelling/s and retained thereafter. Reason: In the interests of biodiversity gain.
• 14. No external lighting shall be installed unless a sensitive low level lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), has been submitted in writing to the Department for approval and retained thereafter. Reason: In the interests of Protected Species. This approval relates to the submitted documents and drawings all received on 22.11.2024.

This decision has been made for the following reasons(s) In conclusion; for the reasons indicated with this report it is concluded the proposals complies with the relevant planning policies of the Isle of Man Strategic Plan 2016, Residential Design Guide 2021 and the Ramsey Local Plan, having no significant adverse impacts upon public or private amenities.

Date of Issue: 28th January 2025

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/onlineapplications/)

Implementation A determination to grant planning approval does not have effect —

if an appeal is submitted until the appeal is determined or withdrawn; or

if no appeal is submitted, but there are potential appellants in addition to the applicant, until the time within which an appeal may be submitted has expired (21 days from the date of this notice).

Development must be carried out in accordance with the approved plans and any attached conditions (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 can only be made by a person who has been accorded rights to do so, must be in writing, include the appropriate fee and be submitted to the Department within 21 days of the date of this Notice.

Guidance on how to appeal is available at gov.im/howtoappeal