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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 Hartford Homes Ltd Unit 2 Middle River Douglas IM2 1AL 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 Hartford Homes Ltd, Ref 21/00278/B, for the Erection of 23 dwellings with associated access, parking, open space and landscaping at Field No.210401 Ballagarraghyn Bretney Road Jurby 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. 2. Prior to the commencement of the construction of any of the dwellings hereby approved, the visibility splay(s) identified on drawing ITB15436-GA-006 REV C; shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level. Reason: In the interests of highway safety. 3. No dwelling shall be occupied until the estate road from the junction of the adopted highway to the access of that dwelling has been constructed at least to base course level and lighting has been provided. Reason: In the interest of Highway Safety and provide access to each dwelling. 4. Prior to the occupation of any dwelling 2 car parking spaces associated with that dwelling as shown on approved drawing 01 REV D shall be provided and retained as such thereafter.
Reason: To ensure that the car parking standards are met in the interests of highway safety.
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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 5. All planting, seeding or turfing comprised in the approved details of landscaping (drawings 01 REV D & 02 REV B) must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling/s, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials and fences/walls shall be completed in full accordance with the approved details (drawings 01 REV D & 06 REV E) prior to the first occupation of the dwelling/s hereby permitted. Reason: To ensure the provision of an appropriate landscape setting to the development. 6. No retained tree shall be cut down, uprooted, destroyed or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that trees marked for retention die or become damaged or otherwise defective prior to commencement or during the construction phase due to events outside the applicants control, the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented. Reason: Required to safeguard and enhance the character and amenity of the area, to provide ecological, environmental and bio-diversity benefits and to maximise the quality and usability of open spaces within the development, and to enhance its setting within the immediate locality. 7. Prior to the commencement of the development hereby approved, the protection measures detailed in the drawing entitled Outline Tree Protection EAST (ref TPW-280221), submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process, unless stated otherwise. Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality. 8. Within the Construction Exclusion Zone (CEZ) identified on the drawing entitled Outline Tree Protection EAST (ref TPW-280221), nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit, without prior written consent of the Department. The CEZ implemented in accordance with this condition shall be maintained in position until the development is complete. Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality. 9. The mitigation for common lizards, as detailed in section 2.2 of the 'Technical Notes: Ecological Impact and Common Lizards Mitigation' dated March 2021. Reason: To provide adequate safeguards for the ecological species existing on the site. 10. The mitigation for nesting birds, as detailed in the table at 5.1 of the preliminary ecological appraisal dated January 2021 shall be full adhered to.
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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 provide adequate safeguards for the ecological species existing on the site. 11. Prior to the commencement of the development hereby approved, details of the proposed lizard hibernaculm as shown in the Detailed Landscape proposals shall be submitted to and approved in writing, including timescale for its construction and for seeding of the surrounding area. The hibernaculm shall be constructed in accordance with the approved details and retained as such thereafter. Reason: To ensure that adequate ecological mitigation and enhancement is provided and maintained. 12. The erection of bee, bird and bat bricks on every property, as is shown in the Proposed Site Plan (04 REV D) shall be completed prior to the occupation of the dwelling and retained thereafter. Reason: To ensure that adequate ecological mitigation and enhancement is provided and maintained. 13. Prior to the commencement of the development hereby approved, details shall be submitted to and approved in writing by the Department which set out the long term maintenance and management of the open space and landscaped areas, taking into account the Preliminary Ecological Appraisal dated January 2021, Technical Note: Habitat' dated February 2021 and Notes: Ecological Impact and Common Lizards Mitigation' dated March 2021 (including provision for the area shown on the Detailed Landscape Proposals as "Species Rich Grassland/Wildflower Seeded Areas" which contains the hibernaculm to be cut in early September and again in winter, on a rotational basis to maintain structural diversity for lizards and suitable habitat year-round). The site shall be maintained in accordance with the approved details. Reason: To ensure that adequate ecological mitigation and enhancement is provided and maintained. 14. Prior to the commencement of the development hereby approved, details shall be submitted to and approved in writing by the Department which show a pedestrian footpath running from the approved estate road (turning head) to the southern boundary of the site. This approved pedestrian footpath shall be completed prior to the occupation of the last dwelling and retained thereafter. The pedestrian footpath shall also be completed so it is possible to be connected to any highway/path within the adjacent site without any obstruction or ownership issues. Reason: to ensure appropriate level of access through the adjacent site and beyond. This approval relates to the submitted documents and drawings reference numbers all received; 06.04.2021 01 02 03 10 09 11 12 13
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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 14 15 17 01 (BB Consulting Engineers) TPE-280221 (Outline Tree Protection EAST) TPW-280221(Outline Tree Protection WEST) TRE-280221 (Tree Impact EAST) TRW-280221 (Tree Impact WEST) TSE-280221 (Tree Constraints EAST) TSW-280221 (Tree Constraints WEST) Planning Statement Arboricultural Impact Assessment dated 28th Febuary 2021 Transport Statement dated 8th March 2021 Preliminary Ecological Appraisal dated January 2021, Technical Note: Habitat' dated February 2021 and Notes: Ecological Impact and Common Lizards Mitigation' dated March 2021 15.07.2021 18 ITB15436-GA-006 REV C ITB15436-GA-001 REV D 05 REV C 24.02.2022 04 REV D 01 REV D 02 REV B 06 REV E 08 REV B 16 REV A 19 20 Soakaway details NOTE The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 14.03.22. The issue of the decision notice has been triggered by the Section 13 agreement having been concluded. The 21 days for appeal (for those with Interested Person Status) runs from the date of the decision notice. This decision has been made for the following reasons(s) The principle of the development is in accordance with the land use designation and the wider policy framework which supports investment in this area. It is considered the proposal would not have any significant adverse impacts upon public or private amenities and would therefore comply with Strategic Policy 1, 2, 5 & 10, Spatial Policy 3, General Policy 2 , Environment Policy 4, 5 & 42, Housing Policy 1, 4, 5 & 6, Recreation Policy 3, 4 & 5, Community Policy 10 & 11, Transport Policy 1, 2, 4, 5, 6 & 7, Energy Policy 5 of the IOM Strategic Plan 2016 and Residential Design Guide 2021. Date of Issue: 2nd September 2022 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 £305); 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 £115). 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 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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