DEC Decision Notice

Savage & Chadwick Armitage House Lord Street Douglas Isle Of Man IM1 1LE

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 Castletown Commissioners, Ref 19/00961/B, for the Erection of 133 dwellings with associated drainage and access at School Hill/Westhill Estate Castletown Isle Of Man.

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

• 2. Prior to the commencement of any works in respect of the construction of the new houses, a further drawing must be submitted to and approved by the Department which shows the boundary treatment of all of the properties with no fencing or walling above 1m in front of any building and lower fencing or planting where side and rear gardens abut a highway or pedestrian route. The development must be undertaken in accordance with the approved details.

Reason: to ensure that the boundary treatment is appropriate for the character and appearance of the estate including pedestrian routes through the development.

• 3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012, or any such Order superseding this, no wall or fence may be erected other than those approved in this application, where the fence or wall would sit between any dwelling and a highway including pedestrian routes within the site. Reason: to retain a pleasant and open estate as shown in the submitted plans.
• 4. No site clearance, preparatory work or development shall take place until a scheme for the protection of the retained trees (a tree protection plan) is prepared in accordance with the recommendations of British Standard BS 5837:2012 (Trees in relation to Design,

Demolition and Construction - Recommendations) and approved in writing by the Department and the development must be undertaken in accordance with these details.

Reason: to ensure that the proposed tree retention is practicable and implemented.

• 5. No development may be commenced nor any equipment, machinery or materials brought onto the site for the purposes of the development hereby approved, until the protective measures set out in condition 4 above are fully implemented. The protective measures shall remain in place until the development is complete unless otherwise approved by the Department.

Reason: to ensure that the retained trees are adequately protected throughout the construction period.

• 6. Prior to the construction of any dwellings, a scheme which demonstrates how cycle parking is to be provided in accordance with the standards given in Manual for Manx Roads and when provided in accordance with the approved details, must be retained for such purposes thereafter. Reason: to support active travel and sustainable transport.
• 7. Prior to the occupation of any dwelling, the respective car parking must be provided as shown in the approved plans must be provided and thereafter retained for such purposes. Reason: to accord with the Strategic Plan.
• 8. Prior to the commencement of any building work associated with the approved development, the applicant must have approved by the Department a plan which shows traffic calming measures which will enable the development to be safely occupied and used by pedestrians and vehicles alike including the timing of the provision of such measures and the development must be undertaken in accordance with these details. Reason: in the interests of highway safety. |This decision relates to the following drawings: SC1536/P/00-10

• SC1536/P/10-15 sheets 1 and 2 SC1536/P/10-14 sheets 1 and 2 SC1536/P/10-13 sheets 1 and 2 SC1536/P/10-12 SC1536/P/10-11 SC1536/P/10-10 SC1536/P/00-01 SC1536/P/12-01

• SC1536/40-01
• SC1536/40-02

• 310A

• 312
• 313 232 231 230 221

220 211 210A,

• 311A, 350 all received on 30th August, 2019

SC1536/P/10-01B SC1536/P/10-02A

• SC1536/P/10-16A all received on 14th October, 2019

NOTE The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 4th January 2021. The issue of the decision notice has been triggered by the Section 13 agreement having been concluded. The 21 days for appeal (for those with Interested Person Status) runs from the date of the decision notice.

Date of Issue: 4th February 2021

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 £285); and
•  election to have the appeal conducted by means of an inquiry(a hearing) or by means of written representation.

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 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.