258698

==== PAGE 1 ====

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 Middle River Douglas IM2 1AL 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 Hartford Homes, Ref 24/00653/B, for the Erection of three detached dwellings with integral garages to replace proposals for an apartment building previously approved by PA21/00083/MCH at Bayqueen Hotel The Promenade Port St Mary Isle Of Man IM9 5DG . 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals. 2. No dwelling hereby approved shall be occupied until the parking and turning areas associated with that dwelling have been provided in accordance with the approved plans Nrs 46, 47 & 48. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety. 3. All planting, seeding or turfing comprised in the approved details of landscaping Drawing Nr 44 shall be carried out in the first planting and seeding seasons following the completion of that dwelling. Any trees or plants which die 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 and for biodiversity net gain.

==== PAGE 2 ====

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 4. Prior to the occupation of the dwelling on Plot 1 the obscure glazing and the first floor 1.8m high timber screen all shown on Drawing 46 shall be completed and shall be maintained as such thereafter Reason: In the interests of neighbouring residential amenities. 5. The "Communal Open Space" and six "Visitor Parking" spaces as shown on drawing 44 shall be completed prior to the occupation of the dwelling on Plot 1 and retained thereafter. Reason: To ensure the provision of an appropriate landscape setting to the development and to provide additional off road parking for visitors of the site and adjacent apartment building. 6. No dwelling hereby approved shall be occupied until a swift box is appropriately installed to the western gable elevation of each dwelling and retained thereafter. Reason: In the interests of biodiversity. 7. Prior to the installation of any external glazed balustrades details to prevent bird strikes on the clear glass balustrades shall be submitted in writing to the Department and these approved measures shall be installed prior to the occupation of that dwelling. Reason: in the interests of biodiversity. This approval relates to the submitted documents and drawing all received on 10.06.2024. NOTE The applicants should note that allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. This decision has been made for the following reasons(s) Overall, it is considered the proposal would be developing a site which is designated for residential development currently and one which has gain previously planning approvals for greater levels of development on this site. The proposal would provide an additional supply of housing within a sustainable location, given its closeness and good pedestrian links to Port St Mary and would meeting the overarching aims of the IOM Strategic Plan i.e. "Towards a Sustainable Island" and identified near the top of the settlement hierarchy. The proposal would comply with; Strategic Policy 1, 2, 3, 4 5, 10 & 11, Spatial Policy 2 & 5, General Policy 2, Environment Policy 4, 7, 42 & 43, Housing Policy 1, & 4, Transport Policy 1, 4, 6, 7 & 8 and Energy Policy 5 of the IOM Strategic Plan 2016, Area Plan for the South and the Residential Design Guide 2021. Date of Issue: 24th July 2024 J CHANCE Director of Planning and Building Control

==== PAGE 3 ====

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 £335); 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 £125). 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 (should one have been received) 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.