DEC Decision Notice

Ellis Brown 12 Strathallan Crescent Queens Promenade Douglas IM2 4NR

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 Forest Homes 2016 Limited, Ref 20/01499/B, for the Erection of 6 detached dwellings and associated infrastructure at Land And Stone Barn Rowany Drive Port Erin Isle Of Man IM9 6LP .

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 development shall take place, nor any demolition, site clearance, or preparatory work unless a tree protection scheme has been submitted to and approved in writing by the Department. Tree protection measures shall be shown on a layout plan accompanied by descriptive text which includes but is not limited to details of;

• a. The location of a 'construction exclusion zone'
• b. The position of protective fencing and/or other protective measures required to prevent damage to retained trees.
• c. An appropriate specification for the protective measures proposed.

The development must be carried out in accordance with the approved details. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department.

Reason: required prior to commencement 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.

• 3. Prior to the commencement of the development hereby approved a tree planting plan shall be submitted to and agreed in writing by the Department. The plan shall include the following details:

• a. the exact location, species, nursery specification and planting specification of each tree (or group of trees) to be planted. Where groups or larger areas are to be planted please state the area and planting density.
• b. the approximate date when they are to be planted
• c. how they will be maintained until successfully established.

The development shall be undertaken in accordance with the approved plan and any trees which, within a period of 5 years from their first planting, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation.

Reason: the landscaping is integral to the success of the scheme in satisfying the Strategic Plan policies.

• 4. Prior to the commencement of any building work on site, details of the mitigation of habitat loss - the installation of bird and bat boxes - must be approved in writing by the Department and the development must be undertaken and maintained in accordance with these details.

Reason: to ensure that the development does not have an unacceptable impact on ecology in accordance with General Policy 2 and Environment Policy 4 of the Strategic Plan.

• 5. The parking and access for each property must be laid out as shown in the approved plans and be available for use prior to the occupation of the respective dwelling and retained as such thereafter.

Reason: to ensure that there is adequate car parking to serve each property in accordance with the Strategic Plan.

This decision relates to the planting proposal dated 15th April, 2021 prepared by Manx Roots, the water percolation test report dated 3rd June, 2020, 20/3016/PL01D and 20/3016/PL02B, received on 20.04.21 and 20/3016/PL03, 20/3016/PL04, 20/3016/PL05, 20/3016/PL06, S1, TR-081220, TSN-24920 and TSS-24920 all received on 24th December, 2020.

This decision has been made for the following reasons(s) The development is considered to accord with General Policy 2 of the Strategic Plan and the Area Plan for the South.

Date of Issue: 26th May 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.