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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 Hartford Homes Ltd Peterson House Middle River Douglas IM2 1AL 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 Hartford Homes Ltd, Ref 19/01408/B, for the Erection of 16 dwellings with associated infrastructure and landscaping works (revised scheme to approved PA 18/00862/B) at Annacur House Annacur Lane Douglas Isle Of Man IM2 2EA. Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes). 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. Prior to occupation of the development, visibility splays of 2.4m x 25m in both directions must be provided at the site access junction as shown on drawing no. 072 REV E and the splays must be permanently maintained as such unobstructed thereafter with nothing above 1m in height within the visibility splay areas.

Reason: To comply with the visibility standards for 20mph traffic which the development has been designed for. 3. Prior to the occupation of any dwelling 2 car parking spaces associated with that dwelling as shown on approved drawing 072 REV E shall be provided and retained free from obstruction thereafter.

Reason: To ensure that the car parking standards are met in the interests of highway safety. 4. Prior to the occupation of each dwelling the road between Farmhill Lane and the dwelling shall be constructed to at least base course level.

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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 Reason: To ensure that the dwellings and parking spaces are accessible in the interests of highway and pedestrian safety. 5. All planting as shown on drawing 072 REV E shall be carried out in accordance the approved details in the first planting and seeding seasons following the first occupation of each dwelling permitted or must be carried out in the first planting and seeding seasons following the completion of the development, 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.

Reason: To ensure the provision of an appropriate landscape setting to the development. 6. No retained tree shall be cut down, uprooted, destroyed, pruned, cut 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. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated. 7. Prior to the commencement of the development hereby approved, the protective measures detailed in the Tree Protection Plan (drawing TR-121219) and Arboricultural Method Statement, prepared by Manx Roots and submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process. Reason: To ensure that trees marked for retention are adequately protected, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated. 8. The implementation of the tree protection measures required under condition 2 shall be monitored throughout the construction process by a suitably qualified and pre-appointed tree specialist, in accordance with section 7 of the Arboricultural Method Statement prepared by Manx Roots and submitted in support of the application. Reason: In order to ensure compliance with the tree protection plan and arboricultural supervision details submitted under condition 2 and to ensure that professional technical advice is on hand to deal with problems that arise or modifications that become necessary 9. Tree planting shall be carried out in accordance with the proposed site plan (drawing 072revC) and the BS8545:2014 Planting Proposal (prepared by Manx Roots), submitted in support of the application. The planting shall be carried out in the first planting season following the completion of the development. Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased, shall be replaced as is reasonably practicable or in the next planting season with others of similar size, species and number as originally approved, unless the Department gives written consent to any variation. Reason: to ensure that replacement tree planting takes place and successfully establishes in the landscape to mitigate the tree removal required to facilitate the development.

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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 10. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department.

Reason: To control development in the interests of the amenities of the surrounding area. 11. The proposed first floor bathrooms windows for Plots 10, 11, 12, 13, 14, 15 & 16 shall be glazed with obscure glass to Pilkington Level 5 or equivalent and permanently retained as such.

Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy. 12. All recommendations listed within Section 4.0 of the approved "Preliminary Ecological Appraisal Report" prepared by Manx Wildlife Trust are to be full adhered to.

Reason: To provide adequate safeguards for the ecological species existing on the site. 13. Prior to the commencement of the development, full construction details of the proposed footway between the site and the existing highway bend of Annacur Lane shall be submitted to and agreed in writing by the Department. The footway shall be constructed in accordance with the approved details prior to first occupation of the development.

Reason: It is essential for a footpath link to be in place between the site and Annacur Lane for highway safety and amenity purposes. 14. The footway between Plots 5 & 6 shall be constructed in accordance with the approved details prior to occupation of Plots 5, 6, 7, 8 & 9.

Reason: It is essential for a footpath link to be in place between the site and Annacur Lane for highway safety and amenity purposes. 15. The footway to the south of Plot 16 shall be constructed in accordance with the approved details prior to occupation of Plots 15 and 16.

Reason: It is essential for a footpath link to be in place between the site and Annacur Lane/Farmhill Lane for highway safety and amenity purposes. 16. Prior to occupation of each dwelling, the respective cycle parking shall be provided as indicated on the approved plans. Reason: to encourage sustainable transport in accordance with the active travel strategy. 17. The rear boundaries of Plots 12, 13, 14, 15 & 16 shall be constructed/planted as shown on Dwg Nr 076 prior to the occupation of dwellings on Plots 12, 13, 14, 15 & 16 and permanently retained as such.

Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy. This approval relates to the submitted documents and drawings reference numbers:

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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 17/12/2019 o 070 o 071 o 073 o 075 o 076 o 077 o 078 o 079 o 080 o 081 o 082 o 083 o Arboricultural Impact Assessment, Tree Protection Plan, Arboricultural Method Statement and Planting Proposal all prepared by Manx Roots 23/12/2019 o Technical Note prepared by I Transport 18/02/2020 o 072 REV E o 084 o "Preliminary Ecological Appraisal Report" prepared by Manx Wildlife Trust, o Protected Species Note (trees with potential to support roosting bats and nesting birds) prepared by Manx Wildlife Trust 04/03/2020 o 074 REV B NOTE The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 16th March 2020. The issue of the decision notice has been triggered by the Section 13 agreement having been concluded. The 21 days for appeal (for those with Interested Person Status) runs from the date of the decision notice. This decision has been made for the following reasons(s) Overall, for the reasons indicated with this report it is concluded the proposals do not significant adversely affect public or private amenities and therefore complies with the relevant planning policies of the Isle of Man Strategic Plan, Residential Design Guide and the Douglas Local Plan and therefore it is recommended the application is approved subject to conditions as listed and subject to a Section 13 Legal Agreements relating to Affordable Housing provision, Tree Planting and Public Open Space provision. Date of Issue: 1st June 2020 Director of Planning and Building Control

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Department of Environment Food and Agriculture, Planning & Building Control Directorate, 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. This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation. A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas. Implementation The decision does not become final until either • Any appeal has been concluded; or • 21 days have passed since the date on this notice and no appeal has been submitted Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation. Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action. Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain: • the grounds for making the appeal; • payment of the planning appeal fee (currently £285); and • election to have the appeal conducted by means of an inquiry(a hearing) or by means of written representation. Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated. An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House. 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.