DEC Decision Notice

David Humphrey Dandara Group Head Office IoM Business Park Cooil Road Braddan IM2 2SA

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 David Humphrey, Ref 23/01402/B, for the Erection of 3 no. detached dwellings on site of 3 no. detached dwellings approved under PA19/00137/B at 8, 9 And 18 Ballahick Way Reayrt Mie Ballasalla Isle Of Man IM9 2BH .

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. No works to the watercourse bank and channel shall take place outside the period July to September (inclusive).

Reason: To avoid disturbance or injury to spawning fish, or to the spawn and fry of fish, during the season in which they are most at risk.

• 3. Any works to the existing water course shall be undertaken in accordance with the written method statements and agreed in advance with the Inland Fisheries Section of the Fisheries Directorate, DEFA.

Reason: to allow DEFA Fisheries to provide advice on a suitable approach to construction, in order to reduce the possibility of injury or disturbance of fish within the river.

• 4. The existing trees shown as being retained on the approved drawings shall be retained and in the event that the retained tree becomes damaged or otherwise defective due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

• Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.
• 5. Within 3 months from the date of this decision, a plan showing ecological mitigation measures that can include bat and/or bird box being installed to properties or to landscaped areas to ensure long term nesting space and shall be implemented, retained, maintained and kept available for those specific uses. Reason: In the interest of ecology and biodiversity.
• 6. Protective fencing shall be erected and maintained throughout the works, any fencing that becomes damaged must be replaced. All of the existing trees and hedges marked as being retained in the landscaping plan (Drawing No. 02.04 Rev G - approved by PA 22/00139/B), must be retained and protected from damage and disturbance throughout the works. Any changes must be submitted to Planning for written approval prior to any removal taking place. Any additional removal must be suitable compensated for by replacement native planting. Reason: Protection of the biodiversity and ecology on site.
• 7. The phasing of the development must be carried out in accordance with the approved plans under 19/00137/B which show the construction of the phase 1 part of the new by-pass road including the new roundabout on the A5 to be commenced no later than the completion of the 75th dwelling within Phase 1 of the development hereby approved. No dwellings shall be constructed within Phase 2 of the development prior to the completion of the 90th dwelling in Phase 1 and until the by-pass road has been completed with a surface course up to the entrance of phase 2 as shown in the approved plans. No dwelling within Phase 2 shall be occupied until the by-pass road has been completed with a surface course up to the site boundary at the rear of Railway Terrace. Reason: To ensure the delivery of the by-pass road.
• 8. The planting proposals as detail on the Landscaping Plan drawing (phase 2) referenced 02.04-G - approved by PA 22/00139/B - shall be carried out in accordance with those details provided. Any planted trees that are removed, die or become, in the opinion of the Department, seriously damaged or defective within five years of planting shall be replaced with specimens of a similar size and species as originally required, unless the Department gives written consent to any variation.

Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs as the landscaping of the site is an integral part of the scheme and must be implemented as approved.

• 9. All works on site shall be carried out in accordance with the previously approved construction method statement as approved under PA 19/00137/B Condition 4. This approved statement shall be adhered to throughout the construction period. The statement demonstrates the parking of vehicles of site operatives and visitors, routes for construction traffic, hours of operation, method of prevention of mud being carried onto highway, pedestrian and cyclist protection, proposed temporary traffic restrictions and arrangements for the turning of vehicles. Reason: In the interests of safe operation of the highway.

• 10. No part of the Phase 2 development hereby approved shall be occupied until the first 12 metres of the access on to the by-pass road, measured from the edge of the carriageway, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter. Reason: In the interests of highway safety.
• 11. No dwelling hereby approved shall be occupied unless the estate roads, including footpaths, cycle paths and turning spaces, have first been constructed so as to ensure that each dwelling has been provided with a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and existing highway. Reason: To ensure that the development is served by an adequate means of access.
• 12. No dwelling hereby approved shall be occupied until the access, turning area and parking spaces for the relevant occupied dwelling have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter. Reason: In the interests of highway safety.
• 13. No part of the development hereby approved shall be occupied unless the following measures for improving pedestrian use (approved under PA 19/00137/B) have first been constructed in accordance with the approved details:

the existing footway on the southeast side of the A5 between the new access and the junction of Ballabridson Park and the section of Ballahick Lane between the A5 and the site are constructed in accordance with those approved details.

Reason: In pursuit of sustainable transport objectives.

• 14. No part of the development hereby approved shall be occupied unless the flood attenuation area as approved under PA 19/00137/B has first been constructed in accordance with those submitted details as previously approved.

Reason: to ensure that the facility is maintained to accommodate water from the proposed development.

• 15. Any work including site clearance or soil stripping, shall be undertaken in accordance with the approved Precautionary Working Method Statement (PWMS) with Reasonable Avoidance Measures (RAMS) for lizards, frogs and breeding birds, as previously approved under Condition 15 of PA19/00137/B and undertaken in accordance with those details. Reason: to ensure that the development complies with Environment Policy 4.
• 16. All tree planting shall be carried out in accordance with the approved details, submitted in support of the application. The planting shall be carried out in the first planting and seeding season following the completion or occupation of any part of the development (whichever is the sooner,) or otherwise in accordance with a programme to be agreed. Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced as is reasonably practicable or in the next planting season with others of similar size, species and number as originally approved, unless the Department gives written consent to any variation.

• Reason: to ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs.
• 17. Prior to the first occupation of the dwellings, hereby permitted, Solar PV Panels shall be attached to the most favourable oriented roof-slope of each unit as shown on the approved drawings, with a minimum 4 No. PV Panels per roof-slope. Thereafter, the Solar PV panels shall be retained and maintained for the lifetime of the development.

Reason: To ensure that the development minimises its impact on climate change by utilising renewable energy in accordance with the provisions of Policy GP2 n) of the Adopted Isle of Man Strategic development Plan (2016).

The development shall be carried out in accordance with the approved documents and drawings:

• Drawing No. 01 - Phase 2 - Location Plan;
• Drawing No. 02 - Phase 2 : As Approved Site plan & As Proposed Site and Landscaping Plan; Drawing No. 522 - Traditional Style 'BEECH 21' house-type. Detached 4-bed house with integral garage - Floor Plans and Elevations; Drawing No. 504 - Traditional Style 'MAPLE' house-type. Detached 4-bed house with integral garage - Floor Plans and Elevations; Drawing No. 14.33 - Street Elevations Comparison - Phase 2; all received and date stamped 6 December, 2023.

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) 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, 3, 4, 5, 10, 11, Spatial Policy 3&5, General Policy 2, Environment Policy 4 & 42; Housing Policy 1, 2, 3, 4, 5; Transport Policy 1, 2, 3, 4, 6, & 7; Infrastructure Policy 1, 2 and Energy Policy 5 of the IOM Strategic Plan 2016, and the Residential Design Guide 2021. It is recommended that the planning application be approved for the reasons given subject to the previous Section 13 Legal Agreement and the conditions listed.

Date of Issue: 5th March 2024

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 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.