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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 Nicholas Brian Design Limited Mr Ian Piercy Peel Road Douglas IM1 5ED 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 Lee Raybould, Ref 22/00682/REM, for the Reserved Matters application to PA No 21/01435/B for the erection of a dwelling and associated ancillary accommodation at Former Howstrake Holiday Camp King Edward Road Onchan Isle Of Man IM3 2JP. 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. 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 extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area. 3. The development hereby approved shall not be occupied or operated until the means of vehicular access has been constructed in accordance with the approved plans, and shall thereafter be retained for access purposes only. Reason: In the interests of highway safety. 4. 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 of the dwelling, including all hardsurfacing within the site, have been submitted to and approved
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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 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. 5. Prior to the occupation of the development hereby permitted, all hard and soft landscaping shall be carried out in strict accordance with the approved details as referenced on the following drawings; P04-D01 RevA, P04-D02, P04-D03, P04-D04 RevA and P04-D05. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department. Reason: To ensure the provision of an appropriate landscape setting to the development and in the interests of biodiversity. 6. Prior to the commencement of development, including construction and enabling works, a Construction Environmental Management Plan (CEMP) shall be submitted in writing to the Department for approval. The CEMP shall include the following: o Precautionary Working Method Statements for common lizards, common frogs, bats and breeding birds. o Working methods to ensure that Wildlife Act 1990 Schedule 8 plants are not spread. o Measures to be put in place for the protection of the surrounding habitats during construction, including protective fencing and construction exclusion areas. o Measures to be taken to prevent water, sediment and pollution runoff from site, including measures to prevent the degradation of the neighbouring Douglas Bay Marine Nature Reserve and measures for the avoidance of light pollution onto surrounding habitats. All works shall be undertaken in full accordance with the approved details. Reason: In the interests of biodiversity. 7. Prior to the commencement of development, including demolition, construction and enabling works, a Preliminary Roost Assessment shall be undertaken on building B2 (as referenced within the MWT's Bat Survey Report), to check its suitability for hibernating bats, and the results submitted to the Department in writing for approval. Should the assessment determine that hibernating bats are likely to be present then hibernation surveys will be required, together with further avoidance and mitigation measures. All works must then be undertaken in full accordance with any additional specified avoidance and mitigation measures as agreed by the Department. Reason: In the interests of biodiversity. 8. Prior to the commencement of development, including construction and enabling works, a common lizard habitat management plan shall be submitted in writing to the Department for approval. This plan shall include a management regime for the lizard habitat management areas and details of how the 4 lizard hibernacula (as shown on the Landscape Masterplan) are to be created. All works must then be undertaken in full accordance with this plan. Reason: In the interests of biodiversity. 9. No permanent outdoor lighting shall be installed until a sensitive low level lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8 on Bats and Artificial Lighting (12th September
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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 2018), has been submitted in writing to the Department for approval. All works must then be undertaken in full accordance with this plan. Reason: In the interests of biodiversity. 10. Prior to the commencement of development, including construction and enabling works, an Invasive Species Management Plan shall be submitted in writing to the Department for approval. All works must then be undertaken in full accordance with this plan. Reason: In the interests of biodiversity. 11. Prior to the commencement of development, including construction and enabling works, a bat and bird box plan, containing details including the location, specifications and timing of installation, of bat and bird boxes that are to be erected on the new buildings, shall be submitted in writing to the Department for approval. All works must then be undertaken in full accordance with this statement. Reason: In the interests of biodiversity. 12. Prior to the commencement of the development hereby approved, details shall be submitted to, and approved in writing by the Department which set out details of the type of glass or barrier to be used in all glass balustrades. The works shall be carried out in accordance with the approved details and retained thereafter in perpetuity. Reason: To ensure that the details are appropriate to reduce the risk of bird strike. 13. Prior to the commencement of the development hereby approved, details shall be submitted to, and approved in writing by the Department a scheme which sets out the roadside boundary details (not timber fencing) along the King Edward Road. This approved scheme shall be completed in full prior to the occupation of the dwelling and retained thereafter. Reason; In the interest of the visual amenities of the area. 14. Prior to the commencement of the development hereby approved, details shall be submitted to, and approved in writing by the Department a scheme which sets out the non- reflective glazing to all glazing to the eastern elevation of the dwelling. This approved scheme shall be completed in full prior to the occupation of the dwelling and retained thereafter. Reason; In the interest of the visual amenities of the area. This approval relates to the following drawings and documents referenced; Arboricultural Impact Assessment (Manx Roots, Mar. 2022) Bat Report (MWT, Sept. 2022) LVIA Part 1 (Pegasus, Nov. 2021) LVIA Part 2 (Pegasus, Nov. 2021) LVIA Part 3 (Pegasus, Nov. 2021) P000 - Mood Board P012 - Access Road P102 - Floor Level 01 P101 - Floor Level 02 P100 - Floor Level 03
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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 P103 - Roof Plan P104 - Proposed Elevations P105 - Sections P200 - Tree Terracing Preliminary Ecological Appraisal Report (MWT, Nov. 2021) TS100222 - Tree Constraints Plan (Manx Roots, Feb. 2022) TR100332 - Tree Impact Plan (Manx Roots, Mar. 2022) Received 16.06.22 Lizard Report (MWT, Nov. 2022) Received 21.11.22 P04-D02 - Planting Plan 1 P04-D03 - Planting Plan 2 P04-D05 - Planting Plan 4 Received 24.04.23 P04-D01 RevA - Landscape Masterplan P04-D04 RevA - Planting Plan 3 Received 09.05.23 A9000 Rev02 - Summer House Plans Received 10.03.23 P010 RevA - Location Plan P011 RevA - Site Plan Received 12.05.23 NOTE This decision notice relates to a Reserved Matters approval pursuant to Approval In Principal application 15/00636/A as varied by planning application 21/01435/B. For the avoidance of doubt all conditions that apply to 21/01435/B and those on this decision notice apply to the development and should be read in conjunction with one another. NOTE FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025. You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date. To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed. This decision has been made for the following reasons(s) The proposed development is considered to constitute a high standard of design which would add a greater degree of visual interest in the context of the immediate landscape and seascape, whilst improving biodiversity across the site and bringing a neglected, redundant site back into use. The proposals would afford future occupants a very high standard of living, without detriment to the amenities of surrounding residential properties, nor give rise to a material impact upon the safety and convenience of the local highway network. The
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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 proposals are therefore considered to be compliant with Strategic Policy 5, General Policies 2 and 3, Environment Policies 1 and 2, and Housing Policy 14 of the Strategic Plan (2016). Date of Issue: 26th May 2023 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 £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.
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