1DECISION Notice

Frank Sweeney 60 Loch Promenade Douglas IM1 2NA

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Foxfield Ltd, Ref 17/00462/B, for the construction of 7 bungalows and 6 garages, including vehicular access at land adjacent to Ginger Hall Hotel Ballamanagh Road Sulby Isle of Man subject to compliance with the following condition(s) and notes (if any) :

• 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• 2. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department. Details of the hard landscaping works shall include footpaths and hard surfacing materials and any fencing/walling. Unless otherwise approved in writing by the Department, any parts of the approved landscaping works within the curtilage of an individual dwelling shall be completed prior to the occupation of that dwelling, and the full landscaping works for the whole site shall be completed in accordance with the approved details in the first planting and seeding season following completion of the development. 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.

Reason: To ensure the provision of an appropriate landscape setting to the development.

• 3. Prior to the occupation of any dwelling the garage, car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter. Reason: To ensure that the strategic plan car parking standards are provided.
• 4. Prior to the commencement of any development or construction work, a precommencement meeting shall be held on site and attended by the developer's appointed arboricultural consultant, the site manager/foreman and a representative from the Department to discuss details of the working procedures and check that all tree protection measures have been installed in accordance with the approved tree protection

plan. The development shall thereafter be carried out in accordance with the approved details or any variation as may subsequently be agreed in writing by the Department.

Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.

• 5. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.

Reason: In the interests of the character and appearance of the site and surrounding area.

• 6. Prior to the occupation of the hereby approved dwellings on Plot 1 to 6 the access as shown on drawing GH03 must be completed in accordance with this approved plan. Furthermore, visibility splays of 2.4 metres by 90 metres in both directions are required to be provided by this access serving Plots 1 to 6 and thereafter kept permanently clear of any obstruction exceeding 1050 mm in height above adjoining carriageway level. Reason: In the interests of highway safety.
• 7. Prior to the occupation of the hereby approved dwelling on Plot 7 the access as shown on drawing 40 REV A must be completed in accordance with this approved plan. Furthermore, visibility splays as shown on drawing 40 REV A are required to be provided and thereafter kept permanently clear of any obstruction exceeding 1050 mm in height above adjoining carriageway level. Reason: In the interests of highway safety.

This approval relates to the submitted documents and drawings reference numbers, 5 (3 plans), 6, 10 (Plot 6), 12 (Plot 5), 13 (Plot 7), 14 REV A (Plot 4), 15 REV A (Plot 3), 16 REV A (Plot 2), 17 REV A (Plot 1), 18 (garage block detail), 28, 40 REV A, GH02, GH03, 100 REV E, Tree Survey and Report prepared by Manx Roots Tree Management (dated 15th September 2017) and Preliminary Drainage Calculations prepared by Structural Engineering Services Ltd received on 21st April 2017, 18th May 2017 & 20th September 2017 and 5th December 2017.

Date of Issue: 13th February 2018

Director of Planning and Building Control

Department of Infrastructure, Planning & Building Control, Murray House, Mount Havelock, Douglas Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it in the name of the Minister and/or in the name and on behalf of the Department.

This permission refers only to that required under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

•  Payment of a planning appeal fee as prescribed in the Town and Country Planning (Application and Appeal Fees) (No2) Order 2016 (currently £175);
•  The reasons for making the appeal; and
•  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

The proposed development must not be commenced until either;

•  The time for requesting an appeal has expired; or
•  Any appeal has been determined;

Whichever is the later.

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is now available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.

https://www.gov.im/planningapplication/services/planning/search.iom

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.