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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 Dandara Homes Limited Dandara Group Head Office, IoM Business Park, Cooil Road Braddan IM2 2SA 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 Dandara Homes Limited, Ref 21/01262/B, for the Third phase of development consisting of 128 dwellings, a neighbourhood centre with children's nursery and local shop units, and public open space including a children's playground at Field 434091 & Parts Of Fields 435106 (formerly 432719), 434974 (formerly 434089) And 434090 Adjacent To Railway Terrace, Ballasalla 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. The estate roads, including footpaths, cycle paths and turning spaces, shall be constructed so as to ensure that, before it is occupied, each dwelling has been provided with a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and existing highway. Reason: To ensure that the development is served by an adequate means of access. 3. No part of the development hereby approved shall be occupied until the access, turning area and parking spaces for the relevant occupied dwelling have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter. Reason: In the interests of highway safety. 4. The existing trees shown as being retained on the approved drawings shall be retained and in the event that the retained tree becomes damaged or otherwise defective
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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 due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented. Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated. 5. Prior to the occupation of those dwellings which shows a bat and/or bird box being installed and those bird and bat boxes mounted on existing trees as shown on drawing Balla3_APL_36 Rev A and Balla3_APL_37 Rev A shall be completed as approved and retained thereafter. Reason: To safeguard a statutorily protected species. 6. All paths and cycleways shall be fully surfaced in accordance with the phasing plan to be submitted and approved prior to commencement and retained thereafter. Reason: In the interest of Highway Safety and provide cycle access within the site. 7. All tree planting shall be carried out in accordance with the approved details, submitted in support of the application. The planting shall be carried out in the first planting and seeding season following the completion or occupation of any part of the development (whichever is the sooner,) or otherwise in accordance with a programme to be agreed. Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced as is reasonably practicable or in the next planting season with others of similar size, species and number as originally approved, unless the Department gives written consent to any variation. Reason: to ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs 8. Prior to the commencement of the development hereby approved a Construction Environmental Management Plan (CEMP), to be provided to Planning for written approval prior to any works, including clearance and enabling works, taking place. The CEMP will need to contain details of the roles, responsibilities, training, procedures and monitoring on site which will ensure that the environment is protected during all phases of the development and all environmental legislation and policy is adhered to. The CEMP will need to incorporate the following avoidance and mitigation measures and the works must be undertaken in strict accordance with these measures: o A precautionary working method statement which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on birds - timescales for vegetation removal and suitable checks by an ecologist. o A precautionary working method statement which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on bats - pre-felling inspections by a suitable qualified ecological consultant and responsible tree removal methodologies. o The steps to be taken to avoid impacts upon retained hedgebanks and other areas of habitat - retention of rough grassland at the base of hedges, use of protective fencing and avoidance measures. o A precautionary working method statement which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on Common Lizards - reasonable avoidance measures for lizards, construction of new hibernacula if lizards are found. o A precautionary working method statement which demonstrated how construction and site operations will avoid and mitigate detrimental impacts on Common frogs - reasonable
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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 avoidance measures for frogs and any additional measures identified through the frog survey. o Responsible removal methods for Hollyberry Cotoneaster and any other Schedule 8 invasive plant species. o Though not referred to within the MWTs report the CEMP will also need to include details of the measures to be taken to prevent site runoff and pollutants from entering into the nearby watercourses and eventually into Langness, Sandwick and Derbyhaven Area of Special Scientific Interest and Langness Marine Nature Reserve All the agreed measures shall be adhered to in full. Reason: To ensure that the environment is protected during all phases of the development and all environmental legislation and policy is adhered to. Note: The Construction Environmental Management Plan should include details of an appropriate Ecological Clerk of Works (ECoW) for the pre-construction and construction phases of the development to oversee all protected species work, the implementation of measures identified within a Construction Environmental Management Plan (CEMP), to advise on the creation of the habitat management plans, the placement of the bat and bird boxes. The ECoW should be consulted prior to the removal of any areas of semi-natural vegetation and be the first point of contact in the event that protected species or invasive species are encountered on site. 9. Prior to the commencement of the development hereby approved, a phasing plan for the implementation for the shops, nursery, public open space, play areas, paths, cycle paths and the road bypass, shall be submitted and approved in writing by the Department and the scheme shall be fully undertaken in accordance with these details prior to the occupation of any dwelling and retained thereafter. The phasing plan shall have regard to a schedule for the bypass approved under the former permission PA 19/00137/B. Reason: To safeguard the provision of community facilities 10. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the shop units shall be used in accordance with those uses identified in Class 1.1 (shops) and Class 1.3 (food and drink) of the Order. Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration. 11. The retail shop units hereby approved, shall be used as individual units or internally combined to offer a more flexible space in accordance with the use Class 1.1 and Class 1.3 of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), Reason: To enable a flexible layout to meet community needs. 12. Prior to the commencement of the development hereby approved an Arboricultural Method Statement (AMS), adhering to the recommendations of BS5837:2012 (Trees in relation to design, demolition and construction - recommendations), shall be submitted to and approved in writing by the Department providing details of the following: a. The specification of the protective measures required to adequately protect the retained trees; b. Specialist construction techniques (if required);
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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 c. An Arboricultural Monitoring Programme (AMP) providing a schedule of a monitoring and reporting programme of all on-site supervision and checks of compliance on all arboricultural matters. The agreed protection measures, construction methods and monitoring shall be adhered to in full. Reason: to provide a level of technical detail sufficient to provide a high level of confidence in the outcome for retained trees on or adjacent to the site Note: The AMP should include details of an appropriate Arboricultural Clerk of Works (ACoW) who will conduct the monitoring and supervision, and how and when written and photographic records will be submitted to the Department. 13. Prior to the commencement of the development an up to date tree protection plan containing improved details of construction exclusion areas across the whole site, and those trees and hedges to the north of the site adjacent to the railway line, with accurate width and length measurements of all of the hedges to be retained and details of the fencing that is to be erected to protect areas from damaging construction activities, to be submitted to planning for written approval prior to any works, including site clearance, from taking place. The development must then be undertaken in accordance with these details. The protective fencing shall be erected and maintained throughout the works, any fencing that becomes damaged must be replaced. All of the existing trees and hedge banks marked as being retained, must be retained and protected from damage and disturbance throughout the works. Any changes must be submitted to Planning for written approval prior to any removal taking place. Any additional removal must be suitable compensated for by replacement native planting. However, the presumption should be in favour of retaining the existing vegetation as shown because of its importance to wildlife. The agreed protection measures shall be implemented and adhered to in full. Reason: required prior to commencement to ensure that ALL trees & hedgerows to be retained are adequately protected from damage 14. C 14. Prior to the commencement of any development further details shall be submitted to and approved in writing by the Department which shows how the boundary treatment / landscaping in lieu of the pedestrian access/gate that sits adjacent to the rear of the railway at Ballasalla station. The approved scheme shall be completed prior to the occupation of any dwelling. Reason: In the interest of Highway / Pedestrian Safety and landscaping to the boundary. This decision relates to drawings referenced; Balla3_APL_01_Rev d Site Plan - (received 21/01/22) Balla3_APL_02_Rev c Illustrative Site Plan (received 21/01/22) Balla3_APL_05 Street Elevations (received 25/10/21) Balla3_APL_06 Street Elevations (received 25/10/21) 07 Street Elevations (received 25/10/21) Balla3_APL_10_Rev a Ground floor plan elevation shop and nursery (received 25/10/21) Balla3_APL_11_Rev a First Floor plan Apartments (received 25/10/21) Balla3_APL_12_Rev c Shops and apartments (received 25/10/21)
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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 Balla3_APL_20_Rev c Site Location Plan (received 25/10/21) Balla3_APL_23_Rev a Public Open Space (received 21/01/22) Balla3_APL_24 Site Sections (received 25/10/21) Balla3_APL_30_Rev b Play Area (received 21/01/22) Balla3_APL_31@A1 rev a Planting Schedule (received 21/01/22) Balla3_APL_32 Landscaping details (received 25/10/21) Balla3_APL_33_Rev b Landscape plan (received 21/01/22) Balla3_APL_34 Site plan as existing (received 25/10/21) Balla3_APL_35 Site adoption plan (received 21/01/22) Balla3_APL_36_Rev A Bat Box Location (received 21/01/22) Balla3_APL_37_Rev A Bird Box Location (received 21/01/22) Balla3_APL_41 Rev b Refuse tracking sheet 1 (received 21/01/22) Balla3_APL_42 Rev b Refuse tracking sheet 2 (received 21/01/22) Balla3_APL_43 Rev b Vehicle Passing sheet 1 (received 21/01/22) Balla3_APL_44 Rev b Vehicle Passing sheet 2 (received 21/01/22) Balla3_APL_45_Rev b Car Tracking Sheet 1 (received 21/01/22) Balla3_APL_46_Rev b Car Tracking sheet 2 (received 21/01/22) Balla3_APL_47 Road Ramp details (received 21/01/22) Balla3_APL_48 Culvert details (received 21/01/22) Balla3_APL_49 Culvert at PtB1 (received 21/01/22) Drainage Surface water calculations (received 21/01/22) Balla3_APL_500_Rev A Drainage Layout Plan (received 21/01/22) TR-190821 - Tree Impact (received 25/10/21) OTP-120821 - Outline Tree Protection (received 25/10/21) Supporting Information (received 25/10/21); Design & Access Statement Arboricultural Impact Assessment Bat Report) Planning Statement Planning statement Appendices Preliminary Ecological Report Transport Assessment Transport Assessment Appendices part 1 Transport Appendices part 2 House Types (received 25/10/21); 324(C) - Ash 2 323 (C)Rev a - Ash 3 314(C) - Birch 2 315 (C) - Birch 3 316 (C) - Hawthorn with Sunroom 301 (C)- Hazel House 313 (C) - Holly House with garage 312 (C) - Holly House 307 (C) - Larch 2 306 (C) - Larch 3 & 3g 305 (C) - Larch 3 321 (C) - Maple semi 310 (C) - Santon House with garage
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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 309 (C) - Santon House M125 Rev F - Sub station NOTE The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 11th April 2022. 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) It is considered the proposal would not have any significant adverse impacts upon public or private amenities and would therefore comply with Strategic Policy 1,2,3,4,5,10,11, Spatial Policy 3&5, General Policy 2, Environment Policy 4 & 42; Housing Policy 1,2,3,4,5; Business Policy 10; Recreation Policy 3,4,5; Community Policy 1, 2,10; Transport Policy 1,2,3, 4, 6, & 7; Infrastructure Policy 1,2 and Energy Policy 5 of the IOM Strategic Plan 2016, and the Residential Design Guide 2021. It is recommended that the planning application be approved for the reasons given and subject to the Section 13 Legal Agreement been signed and the conditions listed. Date of Issue: 27th May 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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