Planning Approval Decision Notice

Isle of Man

Government

Svilgge Liten Pannie

Cornerstone Architects 79 Parliament Street Ramsey Isle Of Man IM8 1AQ

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 Infrastructure determined to APPROVE a planning application by JCK Ltd, Ref 13/00387/B, for the remediation of site and erection of a detached dwelling with associated landscaping works (comprising amendments to PA 12/01053/B) at The Deads East Foxdale Road Foxdale Isle Of Man subject to compliance with the following condition(s):

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

1. This approval relates to the construction of a dwelling and associated reclamation, drainage, access and landscaping works all as shown in drawings 01B, 02E, 111B and 200 received on 28th March, 110C received on 22nd April, 2013, and 201-A0E, 202-A0D, 203-A0D, 107B, 204B and 205/2 received on 14th January, 2014.

1. The creation of the roadside habitat must be undertaken in strict accordance with the Method Statement for Verge reinstatement at Louisa Mines prepared by Andree Dubbeldam and dated 9th October, 2013 and the management of the receptor site as set out in the Method Statements for Orchid Meadow Management at Louisa Mines prepared by the same author and dated 16th December, 2013. This must involve the assessment by a suitably qualified ecologist of the roadside verge 6, 12 and 24 months after reinstatement with reports submitted to the Planning Authority and the undertaking of appropriate remediation as either identified by the ecologist or recommended by Department of Environment, Food and Agriculture.

1. The approved works including site clearance, must all be completed by 31st May, 2015.

1. Site clearance may be undertaken only within the period between May and September in order to mitigate the impact on lizards on the site. A watching brief for lizards must be maintained during site clearance and construction works and any lizards sighted must be relocated by a qualified ecologist.

1. 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 or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are

removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

1. During any works to existing mine shafts on site, the applicant must ensure that there is no adverse impact on bats which may be roosting there: bats are protected under the Wildlife Act 1990.

NOTE: the applicant should liaise with the Department of Environment, Food and Agriculture in this respect.

1. The implementation of the landscaping scheme may not include any species which falls under Section 14 of the Wildlife Act 1990 (Amendment) Order 2011. This includes montbretia.
2. During the undertaking of the approved works, including site clearance, and particularly in respect of areas of the site where there are features of archaeological interest, the applicant must undertake an archaeological watching brief with any findings recorded and reported to Manx National Heritage.

NOTE: the applicant is encouraged to liaise with Manx National Heritage in respect of the burial of historic mine structures to be buried in order to preserve them.

1. The land on the south western side of the road leading to Stoney Mountain Road may be used, after reclamation, as open space and not part of the residential curtilage of the approved dwelling.
2. All walling to be created as habitat for lizards, must be unmortared so that the lizards have access to the core of the wall.

Date of Issue: 26th February 2014

M Gallagher

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 permission refers only to that required under the Town and Country Planning (Development Procedure) (No 2) Order 2013.

In accordance with Article 8 of the Order any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

Should you wish to appeal against this decision your request must be in writing, signed by you as appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal your request must contain:

• Payment of a planning appeal fee as prescribed in an order made by the Department under Section 1(1) of the Fees and Duties Act 1989 (currently £150);
• 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 the Planning Office, Tel 685950, or to download from the Department's website http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-decisions-and-powers-of-appeal/

Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.

The proposed development must not be commenced until either;

• The time for requesting an appeal has expired; or
• Any appeal has been determined;

Whichever is the later. 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.

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.

Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected] $13 / 00387 / B$