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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 Kelly Lewthwaite Building Design 23 Market Street Douglas IM1 2PA TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019 In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Mr Timothy & Mr Peter Luft, Ref 20/00293/A, for the Approval in principle for residential development addressing means of access at Land South Of Leyton Victoria Road Douglas Isle Of Man IM2 6AQ . 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 either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013. 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals. 3. Approval of the details of siting, design, external appearance of the building[s], internal layout, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced. Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013. 4. All built development forming the dwellinghouse, excluding the access and driveway, should be kept within the "minimum development area" (shaded in green) as shown on drawing TR-16119. Note: The applicant is strongly recommended to discuss any Reserved Matters application with the Planning Directorate prior to submission.

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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: In order for the dwelling to fit comfortably and unobtrusively into the landscape. 5. The existing trees marked for retention shall be retained in accordance with the approved details. Any retained tree which within five years of the approved development being occupied or completed (whichever is the later) dies, are removed or become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department. Reason: To safeguard the appearance of the development and the surrounding area. 6. The means of vehicular access to and from the site shall be only as shown on the approved plan Drawing 2. Reason: To ensure the free and safe use of the highway. 7. Prior to any other works commencing on site other than the tree protection measures referred to in condition 5, the access and visibility splays on drawing no WL/20/1484 date stamped 05/03/2020 shall be constructed and remain free from obstruction thereafter. Reason: In the interests of Highway Safety 8. Detailed drawings of the following shall be submitted to and approved in writing by the Planning Authority before the relevant part of work is begun. The details hereby approved shall be carried out in accordance with that approval: o Street layout, including any turning points o Pedestrian and vehicle areas within each plot o On-plot car and bicycle parking o Electric vehicle charging point (s) o Waste bin storage and collection point. Reason: In interests of highway and road user safety. 9. The replacement tree planting shall be carried out in accordance with the tree planting drawing (MP-11520) and the BS8545:2014 Mitigation Planting Plan (prepared by Manx Roots), submitted in support of the application. The planting shall be carried out in the first planting season following the removal of the existing trees. Any replacement 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 to mitigate the tree removal required to facilitate the development. This approval relates to the Planning Statement, Structural Report, Tree Management Survey Data Tables, Drawing Nos. WL/20/1484/1, WL/20/1484/2, WL/20/1484/3, WL/20/1484/4, TR-16119 (Draft Development Area), TS-16119 (Tree Constraints) date stamped and received on 5th March 2020, and Email from Agent, Drawing No. MP-11520 (Tree Planting) and Mitigation Planting Plan date stamped and received on 19th May 2020. NOTE In order to discharge condition (5 and 6) of this permission it is necessary to obtain separate approval of the specification and construction details. The applicant must enter an agreement with the Council under Section 109(A) of the Highways Act 1986. The applicant

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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 is advised to make early contact with the Highway Services. In the first instance by emailing: [email protected]. NOTE All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to: o intentionally or recklessly kill, injure or take any wild bird o intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in use or being built o intentionally or recklessly take or destroy the egg of any wild bird o intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird. The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine up to 10,000 pounds. The bird nesting season is usually between late February and late August or late September in the case of swifts, swallows or house martins. Thorough checks for birds, their active nests and eggs should be undertaken prior to clearance of vegetation. If a nest is discovered while work is being undertaken, all work must stop and advice sought from the Ecosystem Policy Team, DEFA. This decision has been made for the following reasons(s) The proposal is considered acceptable and to be in accordance with the land use designation of the Douglas Local Plan and appropriate to the draft proposals set out in the pending Area Plan for the East. Overall, it is concluded that the planning application accords with the provisions set out in General Policy 2, Strategic Policy 2, Environment Policy 42 and Housing Policy 4 of the Isle of Man Strategic Plan 2016. Date of Issue: 29th 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 a Principal Planner in accordance with the authority delegated to them. 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 · if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £100). Where the appeal is submitted by the applicant they must: · specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and · Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined. 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.