Decision Notice

Heritage Homes Limited Dandara Group Head Office Isle Of Man Business Park Cooil Road Braddan IM2 2SA

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 an application by Heritage Homes Limited, Ref 14/00615/B, for the Variation of condition 1 of approved application PA 07/02169/B (re-development of site to provide 53 residential apartments and one commercial unit including use of adjoining scrubland as garden) in order to extend period of permission by four years at Former Manx Petroleum Depot And Adjoining Scrubland South Quay Douglas Isle Of Man IM1 5AY subject to compliance with the following condition(s):

• 1. The development hereby approved shall be begun before the expiration of two years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• 2. The road widening works detailed in Drawing number ap07 Revd and the Transport Assessment Ref: 06-156-V3 must be completed prior to the commencement of works associated with the development hereby approved, to the satisfaction of the Planning Authority following consultation with the Department of Transport Highway Division. Reason: In the interests of highway safety.
• 3. No development shall commence until a sample panel of all external facing materials to be used has been erected on site and approved in writing by the Department. The approved sample panel shall be kept on site for reference until the development is completed. 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.
• 4. Prior to the occupation of any of the proposed apartments, all of the proposed parking spaces must be completed and available for use. Reason: In the interests of highways safety and residential amenity.

• 5. No roof-top clutter may be erected or installed without the prior submission of a planning application for such installations. Reason: In the interests of residential amenity.
• 6. No development shall be commenced until a hard and soft landscaping scheme has been submitted to and approved in writing by the Planning Authority. Such a scheme shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained; details of all new walls, fences and other boundary treatment and finished ground levels; a planting specification to include the number, density, size, species and positions of all new trees and shrubs; the location of grassed areas details of the hard surface treatment of the open parts of the site and a programme of implementation.

All hard and soft landscaping works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed in writing with the Planning Authority. 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 Planning Authority. All 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.

• 7. There must be no discharge of surface water to the main foul sewer. Reason: To maintain the capacity of the foul sewer and in the interests of the environment.
• 8. Prior to the occupation of the development hereby approved, gates shall be erected at the eastern side of the building and thereafter retained. Reason: In the interests of residential amenity and safety.
• 9. Prior to the commencement of the development, details of the gates proposed must be submitted for consideration and approval by the Planning Authority. Reason: In the interests of visual amenity.
• 10. The commercial premises hereby approved shall be restricted to uses within Class 1(shop) , Class 2 (financial and professional services) (except a betting shop) and Class 4 (Offices) as defined by Schedule 4 (Use Classes) of the Town and Country Planning (Permitted Development) Order 2012. Reason: To protect the amenities of residents and the locality.
• 11. Prior to the commencement of development a flood risk assessment and evacuation plan shall be submitted to and approved by the Planning Authority. The approved plan shall be implemented thereafter. Reason: In the interests of health and safety and protection of property.

Drawing numbers: as01 rev a; as03 rev b; ae01 rev b; ae02 rev a; ae03 rev a; ae04; ae05; ae06; ap01rev f; ap02 rev g; ap03 rev C; ap04 rev b; ap05 rev b; ap07 rev d; ap08 rev b; ap09; 10.

Date of Issue: 31st March 2015

Director of Planning and Building Control

Guidance Note

This decision was made by the Director of Planning and Building Control in accordance with the authority delegated to him 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 The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, 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-developmentcontrol/planning-appeals/how-to-appeal/

The proposed development must not be commenced until either;

•  The time for requesting an appeal has expired; or
•  Any appeal has been determined;

Whichever is the later.

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.

Whilst a copy of the Officer’s report which led to the decision is now available to view via the Departments website, link below, all other correspondence relative to the application is available for inspection at the Department.

https://www.gov.im/planningapplication/services/planning/search.iom

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.