DEC Decision Notice

Trevor Leach 38 Reayrt Y Chrink Port Erin Isle of Man IM9 6BF

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 Infrastructure determined to APPROVE a planning application by Trevor Leach, Ref 14/00818/A, for approval in principle for redevelopment of site for residential purposes at Spaldrick House Bradda Road Port Erin Isle of Man IM9 6PQ subject to compliance with the following condition(s):

1. Application for approval of the reserved matters shall be made to the Planning Authority 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.

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.

1. The application in principle must demonstrate that the development will have an acceptable and safe access affording sufficient visibility to drivers of vehicles emerging from the site.

NOTE: this may involve the blocking off of the public highway and the existing access at the higher end of the site which is unsatisfactory together with the improvement of the existing lower access from Bradda Glen Close onto Bradda Road.

REASON: to comply with the provisions of Transport Policy 4 of the Strategic Plan.

1. No development of more than eight units may be undertaken until such times as there is in place a legal agreement to secure the provision of 25% of the approved units to be provided as affordable units in compliance with section 8.6 of the Strategic Plan.

REASON: to comply with Housing Policy 5 of the Strategic Plan.

1. The application for reserved matters must make provision for car parking in accordance with Appendix Seven of the Strategic Plan.

REASON: in order to ensure that sufficient provision is made on site so as not to increase the amount of on-street parking which will adversely affect highway safety and impair visibility from existing accesses onto Bradda Road.

1. If the development results in ten or more dwelling units, provision must be made for public open space in accordance with the Strategic Plan Recreation Policy 3.

REASON: to ensure that the development makes adequate provision for amenity and recreation for the occupants of the development.

NOTE The applicant is reminded that Environment Policy 42 requires that "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality" and Strategic Policy 5 requires that "New development including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases, the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies."

This approval relates to drawing 01 received on 10th July, 2014.

Date of Issue: 2nd September 2014

M Gallagher

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it in the name of the Minister and/or in the name and on behalf of the Department.

This permission refers only to that required under the Town and Country Planning (Development Procedure) (No 2) Order 2013.

Any appeal against this decision must be in accordance with Article 8 of the Order.

A valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

• Payment of a planning appeal fee as prescribed in an order made by the Department under Section 1(1) of the Fees and Duties Act 1989 (currently £150);
• The reasons for making the appeal; and
• An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department's website http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-appeals/how-to-appeal/

Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.

No development may be undertaken until such time as the relevant reserved matters have been approved by the Planning Authority.

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, 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.