Decision Notice

Mr Gareth M Roberts The Nook Stanley Mount East Isle Of Man IM8 1NP

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 Mr Gary Walker, Ref 25/90360/B, for the Amendment to PA 22/01485/B (residential development comprising 31 dwellings), change to approved house type on plot no 30 at Part Of Field No. 121388 And Former Dale Nurseries Oatlands Road Andreas IM7 4ER .

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 dwelling hereby approved shall not be occupied until the parking spaces have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the dwelling and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

• 3. No development shall take place until a hard and soft landscaping scheme has been submitted to and approved in writing by the Department and all works shall be carried out in accordance with the approved details. Details of hard landscaping shall include driveway surfacing, finished ground levels, any new walls, fences and other boundary treatments and the approved works shall be completed before the dwelling is occupied. Details of soft landscaping shall include planting between the parking area of the approved dwelling and the neighbouring property being constructed to the west. All planting, including tree planting, seeding and turfing included in the approved details shall be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the

sooner. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.

Reason: To ensure the provision of an appropriate landscape setting to the development and in the interests of biodiversity.

• 4. Prior to the occupation of the dwelling, the road and footway between it and the highway shall be constructed to at least base course level.

Reason: To ensure adequate pedestrian and vehicular access to the dwelling in the interest of highway safety.

• 5. No development shall take place until details of existing trees and hedges to be retained on the site, along with details of the means of their protection during construction, have been submitted to and approved in writing by the Department. The existing trees and hedges shall be retained in accordance with the approved details. Any retained tree or hedge which within five years of the approved development being occupied or completed (whichever is the later) dies, are removed or become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department. Reason: To safeguard the appearance of the development and the surrounding area.
• 6. No development shall take place until details of the means of drainage of the site, to include connection to a Geocellular Attenuation Tank, have been submitted to and approved in writing by the Department. The approved means of drainage shall be completed and ready for use before the dwelling is occupied and shall be retained and maintained thereafter.

Reason: To ensure appropriate surface water drainage from the site and to manage off-site flood risk.

• 7. No development shall take place until details of the solar panels to be fitted to the rear roof slope have been submitted to and approved in writing by the Department. The solar panels shall be fitted in accordance with the approved details prior to the occupation of the dwelling and shall be retained and maintained thereafter.

Reason: In the interest of reducing CO2 emissions and to meet the aims of the Climate Change Act.

• 8. No development shall take place until details of the external facing and roofing materials have been submitted to and approved in writing by the Department. Such materials shall match those being used in the construction of the surrounding new housing and the development shall take place in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area. This approval relates to the following drawing numbers: Location Plan, P30-01

Proposed Block Plan, P30-04-A Proposed Plans, P30-07-A Proposed Elevations, P30-08-A

NOTE N1. Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.

This decision has been made for the following reasons(s) The proposed development would be acceptable in principle and, subject to the conditions above, it would comply with the policies of the development plan in relation to highway safety, the character and appearance of the area, and residential amenity. It would also be acceptable in respect of the other material considerations relevant to the application.

Date of Issue: 9th June 2025

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Head of Development Management in accordance with the authority delegated to them.

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