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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 Mr Chris Penketh 23 West Quay Ramsey IM8 1DL 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 & Mrs David Pearce, Ref 24/00474/B, for the Erection of 2No Dwellings, alteration to existing vehicular access, and erection of replacement boundary wall (retrospective) to rear south boundary at Land To Rear Of The Auburns No 19 Lezayre Road Ramsey IM8 2LP . 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. Prior to the occupation of any dwelling hereby approved, the garage, car parking and manoeuvring areas shall be provided in accordance with the approved plans. Such areas shall not be used for any purpose other than for purposes associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety. 3. The development hereby approved shall not be occupied or operated until all access design and visibility splays have been provided in accordance with the approved plans. The visibility splay shall have no obstructions greater than 1m in height within the splay zone, and shall be retained as such thereafter.
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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 sufficient provision is made for off-street parking in the interests of highway safety. 4. Prior to the occupation of the dwellings hereby approved, the Flood Mitigation measures detailed in the Flood Risk Assessment prepared by Axis Consulting Engineers Ltd, and received 30 October 2024, shall be installed/constructed in accordance with details submitted. The development must be carried out in accordance with the recommended flood resilience measures stipulated in the Flood Risk Assessment and shall be retained as such thereafter. Reason: To safeguard the amenities of prospective occupiers and to ensure the development complies with Environment Policy 10 & 13 of the Strategic Plan. 5. The ground floor of the dwelling hereby approved shall only be used in accordance with the internal layout as shown on the submitted Drawing No. 22 1631 05 rev A received 30 October 2024 and being retained as such thereafter. The ground floor shall be used solely as a non-sleeping space. Reason: To safeguard the amenities of prospective occupiers and to ensure the development complies with Environment Policy 13 of the Strategic Plan. The application does not propose to create sleeping spaces within the ground floor and has been considered as such. 6. Prior to the commencement of the development hereby approved, details of the proposed surface water drainage system, which shall include the use of soakaway(s) and connections to the Litney Stream shall be submitted to and approved in writing by the Department. No part of the development shall be occupied until the agreed surface water drainage system has been implemented. The surface water drainage system shall be permanently retained thereafter in accordance with the approved scheme. Reason: In order to ensure that adequate drainage facilities are provided, and retained, in the interests of the amenity of the area. 7. Within three months to the installation of external finishes and materials, details of all external finishes, including the manufacturer's details, specification and colour of all the materials/roof/wall/windows/doors/garage doors/rainwater goods to be used in the external finish for the approved development shall be submitted to and approved in writing by the Department. The development shall not be occupied or brought into use unless the external finish has been applied in accordance with the approved details, and retained as such thereafter. Reason: To ensure that the development is carried out to the highest standards of materials, in the interests of the appearance of the development and the visual amenities of the area. 8. 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
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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 modification) no extension, enlargement or other alteration of the dwelling, and no garages or other free standing buildings shall be erected within the curtilage of the dwellings hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area. 9. The proposed first floor windows for the Bathroom on the west elevation of Plot 1, Ensuite on the east elevation of Plot 1, Ensuite on the west elevation of Plot 2, and Bathroom on the east elevation of Plot 2, shown on Drawing Nos. 22 1631/06 - Proposed First Floor Plans and 22 1631/07/A - Proposed Elevations, 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. 10. Prior to the commencement of the development hereby approved, the following shall be submitted and approved in writing by the Department: 1. A scheme for the protection of the retained trees (a tree protection plan), including a schedule of trees to be removed, in accordance with British Standard BS5837:2012 - Trees in relation to Design, Demolition and Construction-Recommendations. 2. A tree planting plan including size and species specification. The tree planting specification shall adhere to the recommendations of BS8545:2014 - Trees: from nursery to independence in the landscape - recommendations, and provide written evidence of such in relation to the evaluation and assessment of planting constraints and species selection. The development shall not be carried out other than in accordance with the submitted tree information, and retained thereafter. 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 existing trees and planting to be retained within the site. 11. Within three month to the commencement of the development hereby approved, a Bat and Bird Box Plan shall be submitted to and approved in writing by the Department. Any plan provided shall show the location, number and type of box/brick/structure to be provided. The development shall not be carried out other than in accordance with the approved plan, and retained as such thereafter. Reason: To provide adequate safeguards for the ecological species existing on the site/locality.
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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 12. Prior to the installation of external lighting at the site, a detailed external low level lighting scheme shall be submitted to and approved in writing by the Department. The lighting of the site will be designed in accordance with the recommendations outlined in the BCT and ILP Guidance Note 8 Bats and Artificial Lighting (12th September 2018). The lighting details shall include detailed drawings of the proposed lighting columns and fittings, information about the levels of luminance and daily duration and any measures for mitigating the effects of light pollution. The development shall not be carried out other than in accordance with the approved plan. Reason: To provide adequate safeguards for the ecological species existing on the site. 13. Prior to the occupation of the dwellings hereby approved, details which show (Elevation) changes to the front boundary wall (including material finish), that is shown to be altered on Drawing. No. 22 1631/02/Rev A, shall be submitted to, and approved in writing by the Department. Prior to the occupation of the new dwellings hereby approved, these front boundary alterations shall be carried out in accordance with the approved details and be retained as such thereafter. Reason: In the interests of the appearance of the development and the visual amenities of the area. 14. No new hardstanding areas other than that shown on the Proposed Site Plan (Drawing No. Drawing. No. 22 1631/02/Rev A) shall be created on site. The approved hardstanding areas shall also be carried out strictly in accordance with the details within Paragraphs 3.13 and 3.14 of the Flood Risk Assessment, and retained as such thereafter. Reason: To help minimise the impact of increased surface water run-off, in order to minimize the potential for increased flooding of the site and surrounding properties. 15. Prior to the occupation of the new dwellings hereby approved, the resurfacing of the first 6m of the altered access shown on drawing no. 22 1631/03 - Proposed Site Access Plan, shall be finished in a bound surface such that no material is tracked onto the public highway. The new access shall thereafter be permanently retained as such. Reason: in the interests of highway safety. This decision relates to the following documents and plans: o Planning statement. o Site Photographs o Drawing No. 22 1631/0 - Site Survey Drawing o Drawing No. 22 1631/01 - Site & Location Plans. o Drawing No. 22 1631/03 - Proposed Site Access Plan, o Drawing No. 22 1631/06 - Proposed First Floor Plans, and o Drawing No. ITLSL - Tree Survey. Received 18 April 2024;
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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 o Preliminary Bat & Bird Survey prepared by Manx Bat Group, received 3 July 2024; o Drawing No. 22 1631/02/A - Proposed Site Plan. o Drawing No. 22 1631/04/A - Proposed Plots Site Plan. o Drawing No. 22 12631/05/A - Proposed Ground Floor Plan. o Drawing No. 22 1631/07/A - Proposed Elevations. o Drawing No. 22 1631/08 - Flood Direction Plan. o Drawing No. 2407E/01 - Updated Topographical Survey. o Drawing No. 22 1631/FM - Flood Map, (provided by the Flood Division). o Drawing No. 22 1631/PSL - Photo showing Existing Boundary Levels. o Drawing No. 22 1631/SBLD - Plan showing Existing Site Boundary Levels. o Drawing No. 22 1631/FDP - Flood Detail Photographs, and o AX0333 FRA - Amended Flood Risk Assessment. Received 30 October 2024; and o Flood Wall Details Received 18 December 2024. This decision has been made for the following reasons(s) Overall, it is considered that the proposal is acceptable in terms of impact on neighbours, visual impact, highway safety and parking, as well as impact on trees/biodiversity (General Policy 2, Strategic Policies 1, 2, 3 (b), 4 and, 5 Housing Policy 4, Environment Policy 42, and Transport Policy 7). No unacceptably adverse impact has been identified with respect to the appearance of the site and surrounding area. Whilst there remains risks to occupants of the new dwellings, the net difference between current proposal and the extant approvals on site is only marginal. Likewise, sleeping accommodation which would be on the first floor would be set at about 2.55m above predicted flood levels, and the Flood Risk Assessment also details Flood Mitigation Measures that would be implemented to further mitigate future flood impact. As such, it is considered that the proposal would also meet the requirements of Environment Policies 10 and 13 of the Strategic Plan. Date of Issue: 14th February 2025 J CHANCE 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 informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/online-applications/) 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 £355); 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 £130). 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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