DEC Decision Notice

Hartford Homes Ltd Unit 2 Middle River Douglas IM2 1AL

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 Hartford Homes Ltd, Ref 22/01133/B, for the Erection of 73 dwellings with associated access, parking, open space and landscaping at Fields 210401, 210403, 210451 & 210 Ballagarraghyn Bretney Road Jurby IM7 3ES.

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 development, hereby permitted, shall be carried out in accordance with the following:

• i. The layout, including the street layout, on-plot pedestrian parking and vehicle turning areas, hereby permitted, shall to accord with the details outlined on the approved Site Plan drawings Nos. 55A and 56A.
• ii. All Visibility Splays shall be laid out in accordance with the details outlined on the approved Site Plan drawings Nos. 55A and 56A - Proposed Site Layout, with Internal Junction Visibility to accord with Section I in the submitted Transport Statement dated 2nd August, 2022. Such splays 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.
• iii. No dwelling shall be occupied until the estate road from the junction of the adopted highway to the access of that dwelling has been constructed at least to base course level and lighting has been provided.
• iv. Prior to the occupation of any dwelling 2 car parking spaces associated with that dwelling as shown on the approved Site Plan drawings Nos. 55 and 56, shall be provided. All parking spaces serving the dwellings hereby permitted, shall be retained for the parking of vehicles throughout the lifetime of the development.

• v. Prior to the commencement of the development, hereby permitted, full details of all cycle parking for non-garaged plots, shall be submitted to DEFA Planning, and approved in writing. The cycle parking details shall be carried out as approved prior to the first occupation of each dwelling on the development, and shall thereafter, be retained and maintained for the lifetime of the development.
• vi. Travel Plan hereby approved shall be implemented in accordance with the measures set out therein. Within three months of the first survey, evidence of the implementation of measures set out in the Travel Plan shall be prepared, submitted to and agreed in writing with DEFA Planning unless alternative timescales are agreed in writing.

Reason: In the interests of highway safety i), ii) and iii); to ensure that sufficient vehicle and cycle parking provision is provided to serve the development iv) and v); and, to evaluate the measures as implemented in the approved Travel Plan vi).

• 3. All planting, seeding or turfing comprised in the approved details of landscaping (Drawing Nos. 2117-20-100 S3 REV F - Sheet 1 of 1 & 2117-20-101 S3 REV D - Sheet 2 of

2) must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the last dwelling, whichever is the sooner. 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. Details of the hard landscaping works include footpaths and hard surfacing materials and fences/walls shall be completed in full accordance with the approved details (Drawing Nos. 2117-20-101 S3 REV F - Sheet 1 of 1 & 2117-20-101 S3 REV D - Sheet 2 of 2) prior to the first occupation of the dwelling/s hereby permitted.

Reason: To ensure the provision of an appropriate landscape setting to the development.

• 4. No retained tree shall be cut down, uprooted, destroyed or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that trees marked for retention die or become damaged or otherwise defective prior to commencement or during the construction phase due to events outside the applicants control, the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: Required to safeguard and enhance the character and amenity of the area, to provide ecological, environmental and bio-diversity benefits and to maximise the quality and usability of open spaces within the development, and to enhance its setting within the immediate locality.

• 5. Prior to the commencement of the development hereby approved, the protection measures detailed in the drawing entitled Outline Tree Protection (Drawing No. OTP150622), submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process, unless stated otherwise.

Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality.

• 6. Within the Construction Exclusion Zone (CEZ) identified on the drawing entitled Outline Tree Protection (Drawing No. OTP-150622), nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit, without prior written consent of the Department.

The CEZ implemented in accordance with this condition shall be maintained in position until the development is complete.

Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality.

• 7. The mitigation for common lizards, as detailed in section 5.1 - Table 3 and Table 4 of the 'Ballagaraghyn Farm - Preliminary Ecological Appraisal- April, 2021', shall be fully adhered to. Reason: To provide adequate safeguards for the ecological species existing on the site.
• 8. Prior to the commencement of the development hereby approved, details of the proposed lizard hibernaculm as shown in the Detailed Landscape proposals shall be submitted to and approved in writing, including timescale for its construction and for seeding of the surrounding area. The hibernaculm shall be constructed in accordance with the approved details and retained as such thereafter.

Reason: To ensure that adequate ecological mitigation and enhancement is provided and maintained.

• 9. Prior to the commencement of the development hereby approved, a New Technical Note covering the additional areas for Phase 2, which set out the long term maintenance and management of the open space and landscaped areas, taking into account the Preliminary Ecological Appraisal by Manx Wildlife Trust Consultancy Services, dated 15 June, 2022, in relation to 'Habitat' ; and, the 'Ecological Impact and Common Lizards Mitigation' (including provision for the area shown on the Detailed Landscape Proposals as "Species Rich Grassland/Wildflower Seeded Areas" which contains the hibernaculm to be cut in early September and again in winter, on a rotational basis to maintain structural diversity for lizards and suitable habitat year-round), shall be submitted to and approved in writing by DEFA Planning. The site shall, thereafter, be maintained in accordance with the approved details.

Reason: To ensure that adequate ecological mitigation and enhancement is provided and maintained.

• 10. Prior to the commencement of the development, hereby permitted, all details proposed for wildlife mitigation, including house martin and collared dove, external boxes and hedgehog friendly fencing, shall be shown on an updated site plan, which shall be approved in writing by DEFA Planning. Subsequently, prior to the first occupation of any dwelling these measures shall be provided in accordance with the agreed details, and shall thereafter be permanently retained and maintained.

Reason: To ensure that adequate ecological mitigation and enhancement is provided and maintained.

• 11. Prior to the construction of any of the development, hereby permitted, above finished ground floor level, all details of street lighting and any external lighting to be applied to the buildings surfaces or at ground level around the site shall be submitted to and approved in writing by DEFA Planning. Any such lighting shall be installed prior to the development being first occupied and shall thereafter be retained and maintained at all times.

Reason: To minimise the impact of the development on Bats, Birds and any other Protected Species and safeguard the rural character and amenities of the area including minimising the impact of the development on the rural night sky.

The development, hereby permitted, shall be carried out strictly in accordance with the following approved drawings, plans and details:

Hartford Homes Design & Access Statement - dated 7 September, 2022; Delta Planning Statement - Phase 2 - September, 2022; Transport - Transport Statement - by I Transport, dated 2 August 2022; Transport - Travel Plan - by I Transport, dated 2 August 2022; BB Consulting Phase 2 Planning Statement Relating to Drainage and Flooding; Arboricultural Impact Assessment to BS 5837:2012 - Proposal for Phase 2 of Residential Development - Ballagarraghyn Farm, Jurby - by Manx Manx Roots Tree Management - BS 5837:2012 Tree Survey and Report Ref: CDG-2021; Outline tree Protection Plan - Drawing No. OTP-150622 by Manx Roots Tree Management; Ballagaraghyn Farm Preliminary Ecological Appraisal dated April 2021 - by Manx Wildlife Trust Consultancy; Manx Wildlife Trust Biodiversity Metric and Ecological Mitigation Plan; Material Economic Information - received 8 February, 2023;

• Hart 15-50 Location Plan;
• Hart 15-51 Existing Site Plan ;
• Hart 15-52 Existing Survey Sheet 1 of 2;
• Hart 15-53 Existing Survey Sheet 2 of 2;
• Hart 15-54 Master Plan including Phase 1 (ref:21/00278/);

• Hart 15 - 55 Rev A Proposed Site Plan Sheet 1 of 2 - received 2 August, 2023;
• Hart 15 - 56 Rev A Proposed Site Plan Sheet 2 of 2 - received 2 August, 2023;

• Hart 15-57 Fenced Play Area Layout;
• Hart 15-58 Fencing Plan Sheet 1 of 2;
• Hart 15-59 Fencing Plan Sheet 2 of ;2
• Hart 15-60 Section 13 Agreement;
• Hart 15-61 Accessibility Plan;
• Hart 15-62 Street Elevations Sheet 1 of 2;
• Hart 15-63 Street Elevations Sheet 2 of 2;
• Hart 15-64 House Types Cgis; Hart 15 - Schedule of Heat Pumps - received 2 August, 2023;

• Hart 15 - 65 Rev A Type F Plots 1, 47, 49, 54 & 63 - received 2 August, 2023;
• Hart 15 - 66 Rev A Type B Plots 2, 3 & 4 - received 2 August, 2023;
• Hart 15 - 67 Rev A Type C Plots 5, 6, 7, 68, 69, 70 - received 2 August, 2023;
• Hart 15 - 68 Rev A Type D Plots 8, 9, 10, 11, 20, 21, 22, 23, 30, 31, 40, 41, 42, 43 received 2 August, 2023;
• Hart 15 - 69 Rev A Type A Plots 12 & 13 - received 2 August, 2023;
• Hart 15 - 70 Rev A Type A Plots 14, 15, 16, 17, 18 & 19 - received 2 August, 2023;
• Hart 15 - 71 Rev A Type D Plots 24, 25 & 26 - received 2 August, 2023;
• Hart 15 - 72 Rev A Type D Plots 27, 28, 29, 71, 72 & 73 - received 2 August, 2023;
• Hart 15 - 73 Rev A Type G Plots 51, 52, 53, 65, 66 & 67 - received 2 August, 2023;
• Hart 15 - 74 Rev A Type D/E Plots 32, 33, 55 & 56 - received 2 August, 2023;
• Hart 15 - 75 Rev A Type B Plots 44 & 45 - received 2 August, 2023;
• Hart 15 - 76 Rev A Type F Plots 46, 47, 48, 50, 62 & 64 - received 2 August, 2023;
• Hart 15 - 77 Rev A Type A Plots 60 & 61 - received 2 August, 2023;
• Hart 15 - 78 Rev A Type A Plots 57, 58 & 59 - received 2 August, 2023;
• Hart 15 - 79 Rev A Type C Plots 34, 35, 36, 37, 38 & 39 - received 2 August, 2023;

2117-20-100F Detailed Landscape Proposal Sheet 1 of 2; 2117-20-101D Detailed landscape Proposal Sheet 2 of 2;

• 21-013-10 Proposed Drainage Phase 2 Offsite Drainage;
• 21-013-11 Proposed Drainage Phase 2 Site Plan; All as date-stamped received 27 September, 2022, unless otherwise stated.

NOTE FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.

You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.

To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.

This decision has been made for the following reasons(s) The principle of the development is in accordance with the land use designation and the wider policy framework which supports investment in this area. It is considered the proposal would not have any significant adverse impacts upon public or private amenities and would therefore comply with Strategic Policy 1, 2, 5 & 10, Spatial Policy 3, General Policy 2 , Environment Policy 4, 5 & 42, Housing Policy 1, 4, 5 & 6, Recreation Policy 3, 4 & 5, Community Policy 10 & 11, Transport Policy 1, 2, 4, 5, 6 & 7, Energy Policy 5 of the IOM Strategic Plan 2016 and Residential Design Guide 2021.

Date of Issue: 25th January 2024

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 led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.

Implementation The decision does not become final until either Any appeal has been concluded; or 21 days have passed since the date on this notice and no appeal has been submitted

Development must progress in accordance with the plans approved under, and any conditions attached to this approval (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 must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain: the grounds for making the appeal; payment of the planning appeal fee (currently £335); and

if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £125). Where the appeal is submitted by the applicant they must:

specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and

Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated.

An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal

If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application (should one have been received) 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.