DEC Decision Notice

Hartford Homes Ltd Peterson House Middle River Douglas IM2 1AL

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 Hartford Homes Ltd, Ref 20/01531/B, for the Erection of 12 residential dwellings with associated infrastructure and landscaping at Bix House And Land To Rear Farmhill Lane Douglas Isle Of Man IM2 2EB.

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 dwelling shall be occupied until the estate road from the junction of the adopted highway to the access of that dwelling has been constructed at least to base course level and lighting has been provided. Reason: In the interest of Highway Safety and provide access to each dwelling.
• 3. Prior to the occupation of any dwelling 2 car parking spaces associated with that dwelling as shown on approved drawing 122 REV A shall be provided and retained free from obstruction thereafter.

Reason: To ensure that the car parking standards are met in the interests of highway safety.

• 4. No tree marked as being retained on drawing TR-101220 shall be cut down, uprooted or destroyed during the development phase and thereafter within 5 years from the date of occupation of the dwelling, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action

approved in writing by the Department and implemented in accordance with the approved details.

Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

• 5. Prior to the commencement of the development hereby approved a detailed Arboricultural Method Statement (AMS), adhering to the recommendations of BS5837:2012 (Trees in relation to design, demolition and construction - recommendations), shall be submitted to and approved in writing by the Department. The AMS should address the specification of the protective fencing to be used, the installation of temporary and/or permanent ground protection, the installation of new hard surfacing (materials, design constraints and implications for levels) with the RPAs of retained trees, preparatory works for new landscaping and how the project arboriculturist and/or construction manager will carry out arboricultural site monitoring during construction, including a schedule of specific site events requiring input or inspection. The agreed protection measures, construction methods and site monitoring shall be adhered to in full.

Reason: to provide a level of technical detail sufficient to provide a high level of confidence in the outcome for retained trees on the site.

• 6. The implementation of the tree protection measures set out in the approved Arboricultural Method Statement (required under condition 5) shall be monitored by a suitably qualified and pre-appointed tree specialist, in accordance with the details contained therein.

Reason: Required to safeguard and enhance the character and amenity of the site and locality by ensuring compliance with the tree protection and arboricultural supervision details submitted under condition 5 and to ensure that professional technical advice is on hand to deal with problems that arise or modifications that become necessary

• 7. All tree planting shall be carried out in accordance with the BS8545:2014 Planting Proposal report and drawing MP-101220 prepared by Manx Roots and submitted in support of this application.

The planting (Trees and Hornbeam Hedge) along the boundary of Nrs 39 & 40 Farmhill Park shall be carried out in accordance with the above Planting Proposal Plan within first planting season following commencement of the development unless otherwise approved in writing by the Department.

The remainder of planting shall be carried out in the first planting and seeding season following the completion or occupation of any part of the development (whichever is the sooner,) or otherwise in accordance with a programme to be agreed.

Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced as is reasonably practicable or in the next planting season with others of similar size, species and number as originally approved, unless the Department gives written consent to any variation.

Reason: to ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs

• 8. All recommendations listed within the approved "Preliminary Ecological Appraisal Report" prepared by Manx Wildlife Trust dated December 2020 (Sections 5.1 to 5.15) are to be fully adhered to. Reason: To provide adequate safeguards for the ecological species existing on the site.
• 9. Prior to the commencement of the development a Construction Environmental Management Plan (which will outline how the construction project will avoid, minimise or mitigate effects on the environment and surrounding area during construction) shall be submitted to and agreed in writing by the Department and this approved plan shall be full adhered to. Reason: In the interest of the environment/biodiversity during the construction period.
• 10. There shall be no external lighting of the woodland footpath or of the woodland boardwalk loop path development hereby approved unless otherwise approved in writing by the Department. Reason: In the interests of wildlife within the area.
• 11. No development shall take place until landscaping details (size, height, centres etc) of the low level hedging (Griselinia littoralis should not be used) between each dwelling and along the rear boundaries of Plots 22 to 28 (replacing the timber fencing as shown on Drawing 124) have been submitted to and approved in writing by the Department and these works shall be carried out as approved. 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. No permission is granted for any fence or wall to be erected to the rear of Plots 22 to 28 either now or in the future. Reason: To ensure the provision of an appropriate landscape setting to the development.
• 12. The woodland path running from the estate road to the Lheannag Park estate road shall be constructed in accordance with the approved details prior to occupation of any dwelling and retained thereafter.

Reason: It is essential for a footpath link to be in place between the site and Lheannag Park for amenity purposes.

• 13. No development shall take place until a Drainage Strategy and associated detailed design, management and maintenance plan of surface water drainage for the site has been submitted to and approved in writing by the Department.

The approved drainage system shall be implemented in accordance with the approved Drainage Strategy prior to the occupation of the dwellings and maintained thereafter for the lifetime of the development in accordance with the approved maintenance scheme.

Reason: To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal is incorporated into the design and the build and that the principles of sustainable drainage are incorporated into this proposal and maintained for the lifetime of the proposal

• 14. 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 on Plots 22 to 28, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.

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

05.01.2021 Hart 037 - 120, Hart 037 - 121, Hart 037 - 122 rev A, Hart 037 - 123, Hart 037 - 124, Hart 037 - 125, Hart 037 - 126 rev A, Hart 037 - 127 rev A, Hart 037 - 128, Hart 037 - 129, Hart 037 - 140, Hart 037 - 141, Hart 037 - 142, Planning Statement, Drainage Strategy, Highways Technical Note, Stage 1 Road Safety Audit (Report to be found in appendices of Highway Technical Note), Manx Roots Ltd (Client Guidance, Arboricultural Impact Assessment, TR- 101220 Tree Removal Plan, TS- 071220 Tree Constraints Plan, Outline Arboricultural Method Statement, TP- 101220 Tree Protection Plan, Planting Proposal, MP101220 Tree Planting Plan), BB Consulting Ltd - Flood Risk Assessment and Manx Wildlife Trust - Preliminary Ecological Appraisal Report.

NOTE The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 24th 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, Residential Design Guide and the Area Plan for the East and therefore it is recommended the application is approved subject to conditions as listed and subject to a Section 13 Legal Agreements relating to Affordable Housing provision, provision and maintenance of the woodland boardwalk and Public Open Space provision/commuted sum for shortfall.

Date of Issue: 19th 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.