PA 05/92354/B Appeal Decision Notice

Please reply to the Chief Executive Our ref: KAK/MC 14th December 2006. Dear Sir/Madam,

ON APPEAL: PA05/92354/B - Heritage Homes Limited - Residential development of roads, plots, sewers, public open space, an EMI Residential Unit for the DHSS and 21 dwellings, including affordable housing on land between Scooil Vallajeelt and the southern end of Manor Lane, Douglas

I refer to the recent appeal hearing in respect of the above planning application.

In accordance with the provisions of the Town and Country Planning (Development Procedure) Order 2005, I am enclosing herewith a copy of the report of the person appointed to hear this appeal. The Minister has noted that the report deals not only with PA05/92354, but also with PA05/92355, and that, since the two applications have much in common, the appeals in respect of both were heard at a single Inquiry. Whilst this approach has resulted in rather complex reporting on some matters, particularly "housing need" and "highway issues", the Minister is nevertheless content that the composite report is both clear and comprehensive.

The Minister has considered the report, concurs with the appointed person's conclusions, and accepts the recommendation that the appeal should be allowed. Accordingly, he has directed that the refusal of the application under Article 6 of the Town and Country Planning (Development Procedure) Order 2005 should be reversed, and that the application should be approved. Formal notice of approval is attached.

Yours faithfully, Chief Executive.

The Town And Country Planning Act 1999

The Town And Country Planning (Development Procedure) Order 2005

TO: Heritage Homes Limited, Park House, Isle of Man Business Park, Cooil Road, Braddan, Isle of Man.

[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 Heritage Homes Limited - Residential development of roads, plots, sewers, public open space, an EMI Residential Unit for the DHSS and 21 dwellings, including affordable housing on land between Scooil Vallajeelt and the southern end of Manor Lane, Douglas, 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. Prior to the commencement of any works there must be concluded:

(a) arrangements to make available to the Department the proposed dwellings on plots 8, 9, 10, 11 and 12 as affordable units in terms of the House Purchase Assistance Scheme 2004; and (b) a legal agreement with the Department under section 13 of the Town and Country Planning Act 1999 to ensure the enhancement and future management of the ecological value of the site in accordance with the proposals included in the submitted application augmented by proposals as outlined at the Inquiry for the enhancement of pond and woodland habitats along the stream corridor in the eastern part of the site.

1. No development shall take place until measures such as those indicated on drawing OCA\3170.12a dated May 2006 have been agreed with the Department and carried out to protect those trees to be retained within the site from damage during construction works.

Application No. 05/92354/B - ON APPEAL

Ref: KAK/MC

1. No development shall take place until details of the street lighting, which shall include measures to direct light downwards away from woodland areas, have been agreed in writing and as necessary in plan form with the Department. The street lighting shall be installed in accordance with the approved details to the satisfaction of the planning authority after consultation with the Department of Transport.

1. All services must be laid underground, and all soil-stacks must be constructed internally.

1. Prior to the commencement of any works the applicant / developer must consult with the Douglas Corporation Drainage Section to discuss and formulate arrangements to ensure that during the construction and connection of the new drainage system there is no interruption in drainage services for existing users; and the development must be undertaken in accordance with these arrangements.

1. As required by Department of Transport Highways Division:

1) No other works shall start on site until the junction of the existing Farmhill Lane with Manor Drive has been redefined to the satisfaction of the planning authority after consultation with the Department of Transport.

2) Before the dwellings to which this permission 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 Department of Transport.

3) No dwelling on the site shall be occupied until the parking facilities and vehicular access have been completed to the satisfaction of the planning authority after consultation with the Department of Transport before being brought into use, and such facilities shall thereafter be so retained.

4) No works shall be commenced on the penultimate dwelling on the site until the estate road has been completed to the satisfaction of the planning authority after consultation with the Department of Transport.

5) On completion, the proposed development will become a Home Zone. Traffic calming principles, including Home Zone features at the access point shall be incorporated into the design, and so constructed, to the satisfaction of the planning authority after consultation with the Department of Transport.

Notes:

1. All construction details shall be constructed in compliance with Manx Roads 2.

Ref: KAK/MC

1. The applicant must obtain approval from the Operations Section of the DoT Highways Division before carrying out any work within the highway.

1. An agreement under Section 4 of the Highways Act 1986 must be entered into between the Developer and the DoT Highways prior to any work commencing on site. Failure to enter into an agreement before any work starts on site will result in the roads not being adopted. Such information will be disclosed on search.

1. No works on site shall be commenced prior to the replacement of the bollards beside No. 42 Manor Drive with locked gates that shall be accessible only by emergency service vehicles the details and particulars of which shall be agreed by the Department of Transport in consultation with Douglas Corporation and the emergency services.

1. This approval relates to drawings date-stamped 13.12.05 and numbered 2302 APL100, 2302 APL104, 2302 APL106, 2302 APL110, 2302 APL111, 2302 APL113, SH/HH3&HH2/05, SH/HH3&HH2/6, 2251.11 Rev A, 2251.12 Rev A, 2251.13 Rev A, 1538 200 (2) Rev A, 1538 201 (2) Rev A, 1538 202 (2), and NE79995 NE066.001 Issue B.

Dated this 14th day of December 2006.

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

By Order of the Minister

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.