DEC Decision Notice

Cornerstone Architects 79 Parliament Street Ramsey Isle Of Man IM8 1AQ

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 Keldevelopments Limited, Ref 20/00740/B, for the Erection of 27 dwellings with associated access, drainage, and open space at Part Of Field No. 121388 And Former Dale Nurseries Oatlands Road Andreas Isle Of Man IM7 4ER .

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. Each dwelling hereby approved shall not be occupied until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the dwelling and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

• 3. No development shall take place until a further landscaping plan of soft landscaping works surrounding the substation have been submitted to and approved in writing by Department and these works shall be carried out as approved. Details of the soft landscaping works include additional planting/tree planting as already shown on drawing 02 REV L but additional planting in and around the Public Open Space Area and to the frontage/entrance of the site. This shall include full details of all trees to be planted, including a) their quantity, location (or density), species (botanical names), size at date of planting; b) the approximate date when they are to be planted; and c) how they will be maintained until successfully established. All remaining planting shall be carried out in accordance the approved details in the first planting and seeding seasons following the first occupation of each dwelling permitted. Any trees or shrub which within 5 years from the

completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species unless the planning authority gives written consent to any variation.

Reason: To ensure the provision of an appropriate landscape setting to the development and to protect amenities of neighbouring amenities.

• 4. Prior to the commencement of development a 'Timetable Scheme' for the provision of the Public Open Space areas as shown on drawing 002 REV L is to be submitted to and approved by the Department which gives a timetable of when all the Public Open Space will be completed and all made available for recreational use before the occupation of the last dwelling. Development shall be carried out in accordance with the agreed timetable. Reason: To ensure adequate Public Open Space provision is provided.
• 5. Prior to the occupation of any dwelling, the road and footway/footpath between the highway and that dwelling shall be constructed to at least base course level.

Reason: To ensure adequate pedestrian and vehicular access to each dwelling in the interest of highway safety.

• 6. All planting, seeding or turfing not included within the areas of public open space (mentioned within Conditions 3 & 4) comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development. 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: To ensure the provision of an appropriate landscape setting to the development.
• 7. Prior to the commencement of the development (including demolition) the proposed new access is to be installed (required to be completed prior to first dwelling being occupied) with visibility splays of 2.4m x 70m in both directions and thereafter kept permanently clear of any obstruction exceeding 1.05m in height above adjoining carriageway level. This also requires no obstruction (i.e. any vegetation, trees, fences, gates, walls, sheds, greenhouses, play equipment, and any other structures) exceeding 1.05m in height above adjoining carriageway level within the front garden of the dwelling on Plot 3.

Reason: To ensure safe access onto the highway in the interests of highway safety both during the construction period and afterwards

• 8. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department.

Reason: To control development in the interests of the amenities of the surrounding area and to ensure visibility is not impeded by building/structures forwards of the dwelling on Plot 3.

• 9. Prior to the commencement of any development additional information shall be submitted in writing and approved by the Department to demonstrate that the drain detention basin design accords with industry practice e.g. CIRIA SuDS Manual - Design

Assessment Checklist: Infiltration / Detention Basin. The Detention Basin and associated drainage scheme approved under these details and shown on drawing 002 REV L and 100 REV A are required to be in place before the occupation of the first dwelling and shall be retained and maintained thereafter.

Reason: To ensure appropriate surface water drainage of the site and prevent off site flooding.

• 10. The protection measures and construction methods detailed in the Tree Survey and Report prepared by Manx Roots submitted in support of the application shall be adhered to in full, subject to the pre-arranged supervision detailed in (Section 1 of the Arboriculture Method Statement), by a suitably qualified and pre-appointed tree specialist. No retained tree shall be cut down, uprooted, or wilfully destroyed during the development phase and thereafter within 5 years from the completion date, other than in accordance with the approved plans and particulars or as may be permitted by prior approval in writing from the Department. This condition may only be fully discharged on completion of the development subject to satisfactory written evidence of contemporaneous supervision and monitoring of the tree protection throughout construction by a suitably qualified and pre-appointed tree specialist.

Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site. This approval relates to the submitted documents and drawings reference numbers all received; 1st February 2021 002 REV L 500 REV A

• 20/182/TR/005 REV B 20/182/TR/004 REV B
• 20/182/TR/006 REV B

10th July 2020 110 REV A

• 120
• 121
• 122

• 124
• 125
• 126
• 127
• 128
• 129
• 130
• 131
• 132

• 001
• 002
• 003 TSE-17320 TSW-17320 TPE-17320r1 TPW-17320r1

TRW-17320r1 TRE-17320r1

• LS-01 REV B
• LS-02 REV B Arboriculture Impact Assessment - Manx Roots Arboriculture Method Statement, Site Monitoring Schedule and Tree Protection Plan - Manx Roots Tree Survey and Report - Manx Roots Design & Access Statement - Cornerstones Flood Risk Statement - BB Consulting Engineers Planning Statement Relating to Drainage - BB Consulting Engineers

NOTE The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 10th May 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.

This decision has been made for the following reasons(s) It is concluded the proposals complies with the relevant planning policies of the Isle of Man Strategic Plan and the IOM Development Plan 1982 and Residential Design Guide 2019. Accordingly, on this basis it is recommended the application is approved subject to conditions as listed and subject to a Section 13 Legal Agreement.

Date of Issue: 2nd August 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 £295); 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 £110). 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 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.