Conditions 3 and 5 Compliance Memo

Department of Local Government and the Environment ### Memomandrum To: Ian McCauley, Director of Planning and Building Control From: Ian Brooks, Planning Officer 24th July 2007 #### Compliance with Conditions – PA 05/00038/B – Erection of a sheltered housing complex to replace existing church hall with associated car parking, new access road, landscaping and the creation of a car park for sole use of church members, St Ninians Church, Laureston View, Ballaquayle Road, Douglas To consider the submission of details in accordance with Condition 3(in part) and 5 of Planning Permission 05/00038/B dated 20th April 2005. Condition 3 stated: “No development may commence until there has been approved by the Planning Authority a scheme of landscaping which includes indications of all existing trees and hedges within the site and details of any to be retained together with measures for their protection during the course of construction, this scheme must include the retention of the small trees along the St Ninian’s Road frontage (except insofar as they are affected by the formation of the new access).” This condition should have been discharged before the development had commenced on the site. The agents have not provided all of the details to discharge the condition fully. The agent has provided information to show that the tree protection measures had been carried out to protect the existing trees and hedges as shown in drawing number 1068/02. In relation to the landscaping scheme, I am intending to impose a revised condition on a current application (07/00505/B), which is seek permission for amendments to the sheltered housing complex, requiring the applicant to submit details within 2 months of the date of the decision notice. Condition 5 stated: “Prior to the commencement of any building operations, there must be submitted to and approved by the Planning Committee details/samples of the proposed slates, render, stonework, windows, cills, and paviors.” The agent has indicated in an email dated the 6th July 2007 that the slates will be natural slates instead of concrete tiles as indicated in an earlier letter to the Department. The render will be smooth sand and cement render finish which will be painted a soft ‘Buttermilk’ cream colour. The stonework will be natural random laid stone work to match as far as practical with the neighbouring church. The windows and cills will be white uPVC. Details of the paviors have been submitted indicating two colour types. I consider the details submitted to be acceptable and would not impact on the integrity of the development. Overall, I therefore recommend that condition 3 be discharged in part and condition 5 be discharged.