Appeal Approval Notice PA08/2129/B

Department of Local Government and the Environment Rheynn Reiltys Ynnydagh as y Chymmyltaght

Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Tel: (01624) 685859 Fax: (01624) 685945 E-mail: [email protected] Chief Executive K. A. Kinrade

Please reply to the Chief Executive

Our ref: KAK/AJC 22nd July 2009

Dear Sir/Madam, ON APPEAL: PA08/2129/B - Howstrake Developments Ltd - Erection of a dwelling on Plot 4 of land adjoining 'Far End', King Edward Road, Onchan.

I refer to the recent appeal hearing in respect of the above planning application. In accordance with the provisions of the Town and Country Planning (Development Procedure) Order 2005, I am enclosing herewith a copy of the report of the person appointed to hear this appeal.

The Minister has considered the report, concurs with the appointed person's conclusions, and accepts the recommendation that the appeal should be allowed. Accordingly, he has directed that the Planning Committee's decision to refuse permission should be reversed, and that approval should be granted subject to the conditions referred to in paragraph 15 of the report. Formal notice of approval is attached.

Yours faithfully

K. kinrad

Chief Executive

Please see over for circulation list/......

Circulation List - PA08/2129/B

1. Kay Associates (Agent for Howstrake Developments Limited), Southgate House, 89 Circular Road, Douglas, IM1 1AX,
2. Howstrake Developments Limited, c/o Rosemount, Phildraw Road, Ballasalla, Isle of Man,
3. Onchan District Commissioners, Main Road, Onchan, IM3 1RD,
4. Wildlife \& Conservation Officer, Department of Agriculture, Fisheries \& Forestry, Wildlife Conservation Office, Advisory Division, Knockaloe Farm, Peel, IM5 3AJ,
5. Mrs H Warburton, 137 King Edward Road, Onchan, IM3 2AX,
6. R C \& M Banning, 135 King Edward Road, Onchan, IM3 2AX,
7. Mr Peter Kelly, The Friends of Onchan's Heritage, 52 Alberta Drive, Onchan, Isle of Man,
8. Highways \& Traffic Division, DOT, Sea Terminal Buildings,
9. Secretary, Planning Committee;
10. Chairman and Members of the Planning Committee;
11. Secretary, Planning Appeals Inspectorate;
12. Mr. T. O'Hanlon, Treasury;
13. The Editor, Isle of Man Newspapers, Peel Road, Douglas;
14. Manx Radio Newsroom, Douglas Head, Douglas;
15. Mrs. J. Clague, 6 Thomas Keig Road, Johnny Watterson's Lane, Douglas;
16. Radio 3FM, 45 Victoria Street, Douglas, IM1 3RS;
17. Energy FM, 100 Market Street, Douglas, IM1 1PH;
18. The Manx Herald, Seacliffe, Old Castletown Road, Ballaveare, Braddan. IM4 1BB.

The Town And Country Planning Act 1999

The Town And Country Planning (Development Procedure) Order 2005

TO:

• Kay Associates
• Southgate House
• 89 Circular Road
• Douglas
• IM1 1AX

[Copies as per Circulation List]

In pursuance of his powers under the above Act and Order, the MINISTER for Local Government and the Environment, following report by the appointed person, does hereby APPROVE the application by Howstrake Developments Limited - Erection of a dwelling on Plot 4 of land adjoining 'Far End', King Edward Road, Onchan, subject to compliance with the following conditions:

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This approval relates to drawing no.s K116/P/10-01, K116/P/10-02, K116/P/10-03, K116/P/10-04, K116/P/10-05, K116/P/10-06, K116-Plot 4/P11-01 and K116-Plot 4/P/12-01 date stamped the 17th November 2008.
3. Prior to the commencement of development a method statement that specifically deals with the protection of, and mitigation measures to limit the impact of development on, lizards must be submitted to and agreed by the Planning Authority. Once agreed the measures set out within the method statement must be followed during the construction of the approved development and may not be altered or removed in any way without the prior written approval of the Planning Authority.
4. Prior to the occupation of the dwelling the new embankment with incorporated lizard refuge, as shown on drawing no.s K116/P/10-04 & K116-Plot 4/P/11-01, must be constructed in accordance with the approved drawings and capable of use to the written satisfaction of the Planning Authority.

NOTE: The developer is recommended to discuss the contents of the method statement required by condition no. 3 with the Department of Agriculture, Fisheries and Forestry's Wildlife and Conservation Division prior to submission by the Planning Authority.

Application No. 08/2129/B - ON APPEAL Ref: KAK/AJC

Dated this 22nd day of July 2009

By Order of the Minister

Murray House, Mount Havelock, Douglas, Isle of Man.

Chief Executive

Note 1: This permission refers only to that required under the Town and Country Planning Acts and does not include any consent or approval under any other enactment, byelaw, order or regulation.

Note 2: A copy of the report of the appointed person is appended hereto.