2 September 2022 · Committee
Land Adjacent To Bretney Estate, West Loughan, Jurby, Isle Of Man, IM7 3bn
The application sought permission to erect 23 dwellings on a field site at Ballagarraghyn, Bretney Road, Jurby, with associated access arrangements, parking, open space, and landscaping. The Planning Committee determined the application and granted approval, with the decision notice issued following the conclusion of a Section 13 agreement. The committee found that the principle of residential development on this site was supported by its land use designation and the wider policy framework, which encourages investment in the area. Impacts on public and private amenities were assessed and judged not to be significant. The scheme was found to comply with a broad range of policies in the Isle of Man Strategic Plan 2016, covering housing, transport, environment, recreation, community, and energy, as well as the Residential Design Guide 2021. Twenty-two conditions were attached to the approval.
The committee was satisfied that the development accorded with the site's land use designation and that no significant adverse impacts on public or private amenities would result. The proposal met the relevant housing, transport, environment, and design policies in the Isle of Man Strategic Plan 2016 and the Residential Design Guide 2021. Approval was formally triggered by the completion of a Section 13 agreement, with the committee having resolved to grant permission on 14 March 2022.
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
Prior to the commencement of the construction of any of the dwellings hereby approved, the visibility splay(s) identified on drawing ITB15436-GA-006 REV C; shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level.
Condition 3
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.
Condition 4
Prior to the occupation of any dwelling 2 car parking spaces associated with that dwelling as shown on approved drawing 01 REV D shall be provided and retained as such thereafter.
Condition 5
All planting, seeding or turfing comprised in the approved details of landscaping (drawings 01 REV D & 02 REV B) must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling/s, whichever is the sooner.
Condition 5
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.
Condition 5
Details of the hard landscaping works include footpaths and hard surfacing materials and fences/walls shall be completed in full accordance with the approved details (drawings 01 REV D & 06 REV E) prior to the first occupation of the dwelling/s hereby permitted.
Condition 6
No retained tree shall be cut down, uprooted, destroyed or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars.
Condition 6
In the event that trees marked for retention die or become damaged or otherwise defective prior to commencement or during the construction phase due to events outside the applicants control, the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.
Condition 7
Prior to the commencement of the development hereby approved, the protection measures detailed in the drawing entitled Outline Tree Protection EAST (ref TPW-280221), submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process, unless stated otherwise.
Condition 8
Within the Construction Exclusion Zone (CEZ) identified on the drawing entitled Outline Tree Protection EAST (ref TPW-280221), nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit, without prior written consent of the Department.
Condition 8
The CEZ implemented in accordance with this condition shall be maintained in position until the development is complete.
Condition 9
The mitigation for common lizards, as detailed in section 2.2 of the 'Technical Notes: Ecological Impact and Common Lizards Mitigation' dated March 2021.
Condition 10
The mitigation for nesting birds, as detailed in the table at 5.1 of the preliminary ecological appraisal dated January 2021 shall be full adhered to.
Condition 11
Prior to the commencement of the development hereby approved, details of the proposed lizard hibernaculm as shown in the Detailed Landscape proposals shall be submitted to and approved in writing, including timescale for its construction and for seeding of the surrounding area.
Condition 11
The hibernaculm shall be constructed in accordance with the approved details and retained as such thereafter.
Condition 12
The erection of bee, bird and bat bricks on every property, as is shown in the Proposed Site Plan (04 REV D) shall be completed prior to the occupation of the dwelling and retained thereafter.
Condition 13
Prior to the commencement of the development hereby approved, details shall be submitted to and approved in writing by the Department which set out the long term maintenance and management of the open space and landscaped areas, taking into account the Preliminary Ecological Appraisal dated January 2021, Technical Note: Habitat' dated February 2021 and Notes: Ecological Impact and Common Lizards Mitigation' dated March 2021 (including provision for the area shown on the Detailed Landscape Proposals as "Species Rich Grassland/Wildflower Seeded Areas" which contains the hibernaculm to be cut in early September and again in winter, on a rotational basis to maintain structural diversity for lizards and suitable habitat year-round).
Condition 13
The site shall be maintained in accordance with the approved details.
Condition 14
Prior to the commencement of the development hereby approved, details shall be submitted to and approved in writing by the Department which show a pedestrian footpath running from the approved estate road (turning head) to the southern boundary of the site.
Condition 14
This approved pedestrian footpath shall be completed prior to the occupation of the last dwelling and retained thereafter.
Condition 14
The pedestrian footpath shall also be completed so it is possible to be connected to any highway/path within the adjacent site without any obstruction or ownership issues.
