Planning Approval Notice PA03/166

Application No. 03/166 - ON APPEAL Ref: YAM/MC

TOWN AND COUNTRY PLANNING ACTS 1934-1981

ISLE OF MAN PLANNING SCHEME (DEVELOPMENT PLAN) ORDER 1982

TO: Heritage Homes Ltd., Park House, Isle of Man Business Park, Cooil Road, Braddan, Isle of Man, IM2 2SA. [Copies as per Circulation List]

In pursuance of his powers under the above Acts and Order the MINISTER for Local Government and the Environment, following report by the appointed person, does hereby APPROVE the application by you for residential estate layout comprising roads, plots and forty-one dwellings with screen planting and upgrading of sewers and access off Ballaglonney Close, land to the rear of the Crosby Hotel, Main Road, Marown, subject to compliance with the conditions specified on the attached schedule and numbered 1 to inclusive.

Dated this 30th day of September 2004.

By Order of the Minister

Murray House, Mount Havelock, Douglas, Isle of Man.

Note 1: This permission refers only to that required under the Town and Country Planning Acts and does not include any consent or approval under any other enactment, byelaw, order or regulation.

Note 2: A copy of the report of the appointed person is appended hereto.

Pa02/166 - 0N Appeal

Ref: YAM/MC

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This approval relates to drawing numbers:-

2200/001 NE01513/NE009/0/001 Issue 2 2200/002 Rev D 2200/03 SH/GA(4)/01 SH/GA(4)/02 SH/G2 and G3/03 SH/MA/01 SH/G2 and G3/04 SH/BGLK/01 Rev A SH/H(T)/01 200 Rev A (Proposed Drainage Layout) 201 Rev A 202 203 Rev A 204 Rev A

1. Prior to the commencement of works, a detailed landscape drawing must be submitted to and approved by the Planning Committee. The scheme must include:

(a) a drawing to clearly identify species; the major structural/boundary planting should be of native species of trees, but the planting within the estate should include also a range of ornamental species; (b) a planting schedule (timescale for planting); (c) details of fencing throughout the estate; (d) a revised drawing of the treatment to the boundaries of 5 and 7 Ballaglonney Close, including details of the screen walling/fencing; and (e) a drawing to show the existing gateways along the north-western boundary of the site filled in with traditionally laid stone to match the existing walling.

1. 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 dwellings, whichever is the sooner. 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.

Pa02/166 - 0N Appeal

Ref: YAM/MC

1. The existing trees along the north-eastern boundary must be adequately protected prior to and during construction works, and the River Dhoo protected from run-off from the site. Details of these protective measures which may include fencing must be submitted to and approved by the Planning Committee prior to the commencement of works.
2. The position of any play equipment must be approved by the Planning Committee prior to its installation on site.
3. Plots 34,35 and 36 as indicated on drawing number 2200/002 Rev D must not be occupied until the temporary treatment plant is decommissioned and removed from the site in its entirety.
4. The emergency access shall be gated and locked at all times.
5. Before the dwellings to which the permission refers are occupied there shall be a direct connection from them to an existing highway, via a footway and carriageway which are adequately lighted and completed up to and including base course level of the approved specification to the satisfaction of the Planning authority after consultation with the Highway Authority.
6. No dwelling on the site shall be occupied until the parking facilities and vehicular access(es) have/has been completed to the satisfaction of the Planning Authority after consultation with the Highway Authority before being brought into use, and such facilities shall thereafter be so retained.
7. The proposed development must be connected to the public sewer(s) in a manner acceptable to the Department of Transport Drainage Division and on terms and conditions, which must be agreed with the Division PRIOR to the commencement of any building works. (In particular, the Drainage Division must be advised of the commencement of work on site. All drainage works must conform to the requirements of the Department of Transport's "Manx Sewers for Adoption" and all necessary inspections/surveys (including CCTV) are to be carried out at the developer's expense). It is also a legal requirement under the Sewerage Act 1999 that the Department (as the Drainage Authority) be advised, in advance, of the date of the connection of each dwelling to the public sewer(s).

(NOTE 1: Communication Fees will be payable to the Department of Transport in respect of these drainage connection(s)). (NOTE 2: The Drainage Division requires as built drawings of the development once it has been completed);

1. The existing trees to the rear of 6 Ballaglonney Close must be retained as part of this development.

Pa02/166 - 0N Appeal

Ref: YAM/MC

NOTE: The applicant's attention is drawn to the provisions of the Building Control Act 1991 which includes specific controls on, and requirement in connection with, demolition of buildings in whole or in part. For further information contact the Department's Office of Environmental Health.

NOTE: On completion, the proposed development will become a Home Zone. Home Zone features at the access point(s) shall be constructed to the satisfaction of the Planning Authority after consultation with the Highway Authority.

NOTE: On-site parking arrangements shall comply with Department of Transport standards.

All construction details shall be constructed in compliance with Manx Roads 2. The applicant must obtain approval from the Operations Section of the Department of Transport before carrying out any work within the highway. Telephone 686665 .

An agreement under S4 of the Highways Act 1986 must be entered into between the Developer and the Department of Transport prior to any work commencing on site. The Developer should make contact with Network Planning Section, telephone 686682. FAILURE TO ENTER INTO AN AGREEMENT BEFORE ANY WORK STARTS ON SITE WILL RESULT IN ROADS NOT BEING ADOPTED. SUCH INFORMATION WILL BE DISCLOSED ON SEARCH.

NOTE: If the developer requires the proposed sewers and associated drainage works to be adopted, the Division recommends that the developer enter into an adoption agreement wit the Division prior to work commencing on site in accordance with section 8 of the Sewerage Act 1999.

NOTE: there must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage systems) so as to comply with the requirements of the Department of Transport Drainage Division. (NOTE: Communication Fees will be payable to the Department of Transport in respect of these drainage connection(s)).

NOTE: It should be noted that it is an offence under Manx legislation to permit the discharge of polluting or harmful matter to any public sewers or watercourses. Appropriate measures must be taken by the developer/occupier of the premises to ensure compliance with the legislation.