Decision Notice

Heritage Homes Limited Dandara Group Head Office Isle Of Man Business Park Cooil Road Braddan IM2 2SA

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 Environment, Food and Agriculture determined to APPROVE an application by Heritage Homes Limited, Ref 15/00212/B, for the Erection of 8 dwellings (amendment to PA 13/00777/B) at Plots 94-100 Residential Estate Under Construction Land At Ballakilley Port Erin Isle Of Man subject to compliance with the following condition(s) and notes (if any) :

• 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• 2. Other than as specified in the approved phasing schedule, 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. Reason: so that the development sits comfortably into its environment.
• 3. The Public Open Space within fields 411529 and 414546 (the residential part of the development) must be finished and available for public use prior to the completion of the residential development. Reason: to accord with Recreation Policy 3 of the Strategic Plan.
• 4. The Public Open Space proposed for fields 414532 and 414214 (the recreation, public open space and burial facilities) must be made available for public use prior to the completion of the final two dwellings of the residential development. Reason: to accord with Recreation Policy 3 of the Strategic Plan.

• 5. Prior to the occupation of any dwelling, there must be between the property and the A29 Church Road an access including footways constructed to at least base course level and adequately lit.

NOTE: The applicant should take all reasonable steps to ensure that roads and footways are usable by those who may be occupying the completed houses whilst construction continues elsewhere on the estate.

Reason: in the interests of highway safety and residential amenity.

• 6. Prior to the occupation of any dwelling appropriate traffic calming features to ensure that traffic travels at a safe speed must be installed to the satisfaction of the Planning Authority.

NOTE: this may include temporary traffic calming measures to be installed whilst the carriageways are being used by construction traffic as well as permanent features which will be retained once the roads are completed, The applicant should liaise with the Highway Authority in this respect.

Reason: in the interests of highway safety.

• 7. No dwelling shall be occupied until the vehicular access has been provided where shown on the approved plans and in all cases space has been laid out for at least two motor cars to be parked in accordance with the drawing 17.02 P3. These vehicle parking facilities shall thereafter be retained for use in conjunction with the relevant dwelling.

Reason: this condition is imposed in order to ensure that reasonable and adequate parking space is provided to meet normal parking demands and avoid the need for vehicles to be parked on the highway where they could adversely affect the safety of other highway users.

This approval relates to drawings 2359.50.06B, 2359.50.05B both received on 27th April, 2015 and 2359.50.07A, APL_106.01, APL_111.01 and 2359_APL_119.01 rev H all received on 25th February, 2015.

Date of Issue: 25th August 2015

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it in the name of the Minister and/or in the name and on behalf of the Department.

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

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, 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 the Town and Country Planning (Application and Appeal Fees) (No2) Order 2015 (currently £165);
•  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 https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

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.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is now available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.

https://www.gov.im/planningapplication/services/planning/search.iom

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.