DEC Decision Notice

Department Of Infrastructure Sea Terminal Building Douglas, Isle of Man

• IM1 2RF 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 Department Of Infrastructure, Ref 20/01516/B, for the Erection of 21 dwellings with associated parking, landscaping, and amenities at Bretney Infill Housing Development Temp Site Supply The Bretney Jurby 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• 2. The individual dwelling/s hereby approved shall not be occupied or operated 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 development 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. 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 extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• 4. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including

roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.

Reason: In the interests of the character and appearance of the site and surrounding area.

• 5. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting (including tree planting) showing, type, size and position of each. 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 dwelling, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted. Reason: To ensure the provision of an appropriate landscape setting to the development.
• 6. Prior to the commencement of any other part of the development, the six water storage tanks as shown on drawings No P34 & P35 and Fire Fighting Water Tank Farm Design Statement shall be completed. The tanks shall be retained as such thereafter or until alternative means of water provision for firefighting purposes is provided. Reason: To ensure adequate water for firefighting provision is provided.
• 7. The access and visibility splays as shown on drawings Nr P36 & 2019 - 146 - C002 B shall be constructed in accordance with the approved plans prior to construction of the dwellings, community hub or estate road. The visibility splays shall thereafter be kept permanently clear of any obstruction exceeding 1050 mm in height above the adjoining carriageway level. Reason: In the interests of highway safety.
• 8. No development shall commence until a Construction Environmental Management Plan of the site has been submitted to and approved in writing by the Department. The Construction Environmental Management Plan shall identify environmental matters requiring consideration of ecological interest within the site and measures to avoid, minimise or mitigate negative impacts where appropriate, including a timetable for their implementation. The development shall not be carried out unless in accordance with the approved details.

Reason: To provide adequate safeguards for the ecological species existing to ensure the environment is protected on the site.

• 9. Prior to the commencement of any works a botanical/ecology surveys are required to be submitted and approved by the Department which shall identify:

• o protected lizard population that will be effected to ensure that an adequately sized translocation site is found and the translocation site will also need a full assessment for suitability and this will need to be demonstrated and should detail a mitigation plan including a schedule for the mitigation and methods proposed;
• o breeding bird assessment to ensure sufficient mitigation is provided for species of conservation concern such as skylark and barn owl (loss of feeding habitat); and
• o A mitigation plan for the species-rich grassland.

The development shall not be carried out unless in accordance with the approved details. Reason: To provide adequate safeguards for the ecological/ botanical species existing on the site.

• 10. The Community Hub hereby approved shall not be occupied or operated 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 Community Hub 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.

• 11. The Community Hub Buildings (10 units) as shown in drawing P-31 shall only be used for the following uses; Class 1.1 - Shops Class 4.3 - Other community facilities Craft workshop/Art Studio (no other uses within Class 2.2 - Light industry and Research & Development are hereby permitted).

Reason: The Department has assessed the impact of the proposals on the basis of the specific uses proposed and any alternative uses within the Use Class will require further consideration.

This approval relates to the submitted documents and drawings reference numbers all received;

13.01.2021 P22

• P-31 P-30

• PL440-11 (also received on 11.08.2021)
• PL440-12(also received on 11.08.2021)
• PL440-13(also received on 11.08.2021)
• PL440-14(also received on 11.08.2021)
• PL440-15(also received on 11.08.2021) FENCING PROPOSALS DRAINAGE STRATEGY REPORT

• P-10
• P-11
• P-12
• P-13
• P-14
• P-15
• P-16
• P-17
• P-18
• P-19
• P-20
• P-21 HOUSING AND COMMUNITY DESIGN STATEMENT JURBY VILLAGE STATEMENT - LANDSCAPE DESIGN STATEMENT POLYCRUB GREEN HOUSE INFORMATION

• P04 P03 P02

M150 REV A

18.03.2021 P08 REV A

• P05 REV B P07 REV B
• P06 REV B

• 23.03.2021 2019-146-C002 B 2019-146-C001 B

• 11.08.2021 PL440-12 PL440-16 B

P-32

• 12.08.2021 ACCESS STATEMENT

25.08.2021 FIRE FIGHTING WATER TANK FARM DESIGN STATEMENT

• P35 P34

P33 24.09.2901

• P36

This decision has been made for the following reasons(s) Overall, while the proposal does has an adverse impact upon the ecology of the site and in the strictest terms the proposal does not accord with the historical land use designation; it is considered all other matters outlined within this report would comply with the relevant planning policies outlined below and overall the benefits of the proposal outweigh these concerns. 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, 5 & 10, Spatial Policy 3, General Policy 2 & 3, Environment Policy 2, 5 & 43, Housing Policy 1, 4 & 6, Business Policy 9 & 10, Recreation Policy 2 , 3, 4 & 5, Community Policy 1, 2, 10 & 11, Transport Policy 1, 2, 4, 5, 6 & 7, Infrastructure Policy 5 , Energy Policy 5 of the IOM Strategic Plan 2016 and Residential Design Guide 2021.

Date of Issue: 4th November 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.