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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 Haven Homes 32-34 Malew Street Castletown IM9 1AF 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 Haven Homes, Ref 21/00547/B, for the Erection of a single detached residential dwelling with integral garage at Land In Front Of Bay View Hotel Between Shore Road Underway And Bay View Road Port St. Mary Isle Of Man . 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. The site benefits from an extant planning permission PA10/01892/B - Erection of two dwellings with integral garages and associated visitor parking - Permitted - 26.04.2011. The car parking area on the beach side of the Underway has been verified by DEFA Planning as having been implemented and the time limit condition on this permission has been satisfied. 2. No work shall be carried out on in relation to the construction of any of the external surfaces of the dwelling hereby permitted unless details of the materials, colour and finish (including the provision of samples of brick, stone and slate; and, water resistant membranes) to be used for all external walls and roofs have been first submitted to and approved in writing by the Local Planning Authority. The development hereby permitted shall thereafter be constructed in accordance with the approved details. Reason: To ensure the use of materials appropriate to the development in order to safeguard the visual amenities of the area, in accordance with policy GP2 in the Adopted Isle of Man Strategic Plan (2016). 3. The vehicle parking spaces shown provided for the development, hereby permitted, both within and outside the garage as shown on Drawing No. 1512 001.01 Revision X - Site Plan - as proposed; and, Drawing No. 1512 001.02 Revision X - Proposed Floor Plans, Elevations and Sections - stamped received and dated 7 November, 2023, shall be provided
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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 prior to the first occupation of the dwelling and shall thereafter be retained and made available for vehicle parking at all times. Reason: To ensure that sufficient on-site parking is provided to serve the development in order to avoid unnecessary on-street parking as per the requirements of the Manual for Manx Roads and Transport Policy 7 in the Adopted Isle of Man Strategic Plan (2016). 4. The windows to be inserted in the north elevation of the development, hereby permitted, serving the first floor bedroom and bathroom; second floor living room (2 windows); shall be glazed with obscure glazing at no less than Level 5 (greatest obscuration) on the Pilkington Scale of obscurity, with all windows being fixed and non- opening. Thereafter, these windows shall be retained as fixed non-opening units with obscure glazing at Level 5 for the lifetime of the development. Reason: To protect the amenities of occupants of the adjoining dwelling at Willow Cottage, the Underway, Shore Road, in respect of any potential for overlooking and loss of privacy. 5. Prior to the commencement of the development hereby approved, details of a landscape shall be submitted to and approved in writing by the Department. All planting, seeding, and earth works comprised in the approved details of landscaping shall be carried out in the first planting and season (November - March) following the substantial completion of the development whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. Thereafter, all soft and hard landscape works shall be permanently retained in accordance with the approved details. Reason: To ensure the provision of an appropriate landscape setting to the development, and to safeguard the appearance of the development and the surrounding area. 6. The development, hereby approved, shall not be commenced until details of a 'Construction Environment Management Plan' (CEMP), which details on-site management measures that would protect the Baie Ny Carrickey Marine Nature Reserve (MNR), which is located only 15m to the east of the development site, during all phases of the development, where all environmental legislation and policy is adhered to, and will need to include at least the following measures to be put in place to prevent damage and disturbance to the MNR. Such measures must include: o The provision of spill kits, o The provision of secure storage areas away from the MNR, o The use of biodegradable oils; o The use of oil and silt interceptors; o Detailed measures outlining good waste management and litter prevention on and around the site; All works carried out during the construction period shall be undertaken strictly in accordance with the details outlined in the approved CEMP. Reason: To provide adequate safeguards in terms of site management during all phases of the development period including any works of demolition, excavation and construction, because Baie Ny Carrickey Marine Nature Reserve (MNR) is located 15m to the east of the development site, and there is potential for damage to the MNR, should responsible construction practises not be implemented.
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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 7. Prior to the commencement of the development, hereby permitted, updated elevations shall be submitted showing the positions of: o 4 integrated universal nest bricks - which must not be located directly above windows; o 2 integrated bat boxes on the south elevation which must not be located close to the ground or above opening windows; o An integrated bee brick on the south elevation; Such details as approved, shall subsequently be installed prior to the first occupation of the dwelling; and shall thereafter be retained and maintained for the life time of the development. Reason: In the interests of improving the biodiversity of the site and development and for the conservation and protection of legally protected species, in accordance with the requirements of the Wildlife Act 1990 and Environment Policies 4 and 5 in the Adopted Isle of Man Strategic Plan 2016. 8. Prior to the commencement of development on site, including any works required for excavation, protective 'Heras' fencing shall be erected around the mature elm tree on site to be retained where it abuts the areas of development. The protective fencing should be installed to form a construction exclusion zone in accordance with BS5827:2012. Such fencing shall be retained in the positions shown throughout the construction period for the development, hereby permitted. At no time before, during or after the construction period, when the fencing has been removed, shall any construction materials, machinery, liquids or fuel be stored within any of the 'Construction Exclusion Zones' shown and annotated as such on the Tree Protection Plan. Reason: To ensure that the mature elm tree to be retained on the site is protected throughout the construction period. 9. Details of foul and surface water drainage provision to serve the development, hereby approved, shall be submitted to and approved in writing by DEFA Planning. Such approved drainage scheme shall be installed prior to the development hereby permitted being first occupied and shall thereafter be retained and maintained at all times. Reason: To ensure that the site is adequately drained and does not increase the risk of flooding elsewhere. 10. 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, including the installation or replacement of any windows or doors, 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. 11. 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 garages or other free standing buildings shall be erected or enclosure, swimming or other pool, container for domestic heating purposes for storage of oil of liquid petroleum gas, or the erection of a gate, fence, wall or other means of
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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 enclosure, within the curtilage of the dwelling 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. 12. Prior to the first use of the garage as part of the dwelling, hereby approved, provision for the charging of electric vehicles shall be made within the structure of the garage, and shall thereafter be maintained for the lifetime of the development. Reason: The provision of an electric vehicle charging point will aid net zero objectives as outlined in the Isle of Man Climate Change Plan (2022 - 2027). This approval relates to the following drawings and documents date stamped and received 17 May, 2021, and amended plans and details received on 7 November, 2023, unless otherwise stated: Drawing No. 1512-001.00 Site Location Plan and Proposed Visibility Splays - stamped received and dated 17 May, 2021; Drawing No. 1512.001.01 Rev. X - Proposed Site Plan - stamped received and dated 7 November, 2023; Drawing No. 1512.001.02 Rev. X - Proposed Floor Plans, Roof Plan and Elevations - stamped received and dated 7 November, 2023; Drawing No. 1512.001.05 Rev. X - Proposed Elevation Finishes and Provisions - stamped received and dated 7 November, 2023; This decision has been made for the following reasons(s) The proposed scheme would be an acceptable form of development that has been designed to ensure that it would not harm the use and enjoyment of neighbouring properties and would comply with General Policy 2 of the Isle of Man Strategic Plan 2016; and, the principles of the Residential Design Guide 2021. Date of Issue: 19th February 2024 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 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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