DEC Decision Notice

Barry Hughes Vaghee Roostey East Foxdale IM4 3JW

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 Yorkfields Limited, Ref 14/00295/A, for the Approval in principle for residential development of the site with full details of the means of access into the site at Fields 333135, 33500, 334998 And 334999 Land Opposite Springfield Terrace Foxdale Isle Of Man subject to compliance with the following condition(s):

1. Details of the siting, design, external appearance, internal layout and landscaping (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Planning Authority before any development is commenced and thereafter the development shall only be carried out in accordance with the details as approved.

Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.

1. Application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.

Reason: To avoid the accumulation of unimplemented planning approvals.

1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.

1. This approval relates to the principle of the residential development of the site and the construction of access from the A24 for a distance of 20m into the site, as shown in drawing 1400/01/01 revision A received on 20th May, 2014.

REASON: whilst the layout shows plots, it has not been demonstrated that the plot development as shown will result in a soft edge to the development as required by the Foxdale Local Plan and that there is acceptable separation distances between the properties and the proposed tree planting. As such, no approval is hereby granted to the number or layout of plots as shown.

1. Any residential development on the site must demonstrate that affordable housing is provided at a ratio of 25% of the overall number of plots.

REASON: to accord with Housing Policy 5 of the Strategic Plan.

1. No development may commence on site until such times as there is in place an approved facility of disposing of surface water from the site, including any works which may be required to be undertaken off site by third parties.

REASON: the approved plans show there to be remedial works carried out off site by third parties in order for the proposed diverted watercourse to be effective.

1. Any residential development on the site must be designed such as to provide a softer edge to the east of the site than is shown with more space dedicated to tree planting within the red line area and more space around each tree than is shown on the submitted drawings to ensure that trees are not inappropriately close to proposed dwellings such as would threaten the long term future of the tree.

REASON: to accord with the principles of the Foxdale Local Plan and to have an acceptable environmental impact.

NOTE The applicant is advised to consult Manx National Heritage in respect of any industrial archaeological interest within the site, prior to the commencement of works to ensure that any features of interest are recorded.

This approval relates to Drawing 1400-01-01 Revision A received on 20th May, 2014.

Date of Issue: 20th August 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. Any appeal against this decision must be in accordance with Article 8 of the Order.

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 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 Planning & Building Control, Tel 685950, or to download from the Department's website http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-appeals/how-to-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.

No development may be undertaken until such time as the relevant reserved matters have been approved by the Planning Authority.

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.