PA 08/1321/B Appeal Decision Notice

Application No. 08/1321 - ON APPEAL

Ref: KAK/MC

THE TOWN AND COUNTRY PLANNING ACT 1999

THE TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE)

ORDER 2005

TO: Cornerstone Architects,

79 Parliament Street,

Ramsey,

IM8 1AQ

[Copies as per Circulation List]

In pursuance of his powers under the above Act and Order, the MINISTER for Local Government and the Environment, following report by the appointed person, does hereby APPROVE the application by - Migrah Foxdale Limited - Erection of dwellings on plots 8 to 13 and 16 to 17, Land Adjacent to Springfield Terrace, Foxdale, Patrick, subject to compliance with the following conditions:-

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

1. This approval relates to the erection of dwellings on Plots 8 to 13 inclusive and Plots 16 and 17 with associated parking and landscaping, Fields 334281 and 334242, adjacent to Springfield Terrace, Foxdale, as shown by the plans and information 1288/04/30, 1288/04/31, 1288/04/32, 1288/04/37A, 1288/04/43, 1288/04/44, 1288/04/45, 1288/04/46, 1288/04/47, 1288/04/48, 1288/04/49 and 1288/04/50 submitted and date-stamped 10th July 2008.

1. Prior to the commencement of works on site, a method statement must be submitted for consideration and written approval by the Planning Authority, to indicate the detailed works to the earth mound within the site. Such a method statement should follow discussions with Manx National Heritage, the Environmental Protection Unit of the Department of Local Government and the Environment and the Department of Trade & Industry. Development of the site shall not take place subsequently except in strict accordance with the approved method statement.

1. All landscaping for the approved dwellings on Plots 8 to 13 inclusive and 16 to 17 inclusive shall be carried out in accordance with approved plans and information Tree Survey (L1026-08-01, Structure Planting Plan (L1026-08-02) and Tree Report. All planting, seeding and turfing must be carried out within 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.

1. Prior to the commencement of any development on site, there must be submitted to and approved in writing by the Planning Authority a survey to

Continued/

Application No. 08/1321 -ON APPEAL

Ref: KAK/MC

establish whether or not there is contamination present on the site. This survey must be prepared by a person or persons having appropriate expertise and approved by the Department, and should follow consultation with the Environmental Protection Unit of the Department of Local Government and the Environment and the Department of Trade & Industry. In the event of contamination being identified, the submission to the Planning Authority must include a statement of the method for rendering the site suitable for development. No development may take place on parts of the site affected by contamination until the works specified in the method statement have been implemented.

1. The proposed development must be connected to the main foul sewer but there must be no discharge of surface water to the main foul sewer.

1. No dwelling authorised by this permission may be occupied unless and until the access road between that dwelling and the existing highway, including footways and turning heads has been laid out in accordance with the submitted plans and constructed to at least base course level.

1. The exterior stonework must be of a traditional nature.

NOTE: Split stone on a backing render is not acceptable as an external finish.

NOTE 1: Prior to the commencement of works on site, the applicant is requested to contact the Development Control Section of the Drainage Division in order to discuss the drainage construction drawings, proposed pipe material, and to enter into a Section 8 Adoption Agreement for this development.

NOTE 2: No approval is granted or implied for the footprints of dwellings or landscaping on Plots 14 and 15 shown on the submitted site plan. Any proposal for dwellings and landscaping on these plots must form the basis of a separate application. Attention is drawn to Condition 8 of approved planning application 07/00649/B in relation to any proposals for Plot 14.

Dated this 19th day of May 2009.

By Order of the Minister

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

Chief Executive

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.