Planning Approval Decision Notice

Isle of Man Town and Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2005

Heritage Homes Ltd Dandara Group Head Office Isle Of Man Business Park Cooil Road Braddan

In pursuance of powers granted under the above Act and Order the Department of Local Government and the Environment does hereby APPROVE the following application made on behalf of:

Name: Heritage Homes Ltd Proposal: Redevelopment of site to provide 53 residential apartments and one commercial unit including use of the adjoining scrubland as garden at: Former Manx Petroleum Depot And Adjoining Scrubland South Quay Douglas Isle Of Man IM1 5AY

which was considered on 24th September 2008, subject to compliance with the conditions specified below.

Date of Issue: 25th September 2008

Murray House Mount Havelock Douglas Secretary to the Planning Committee

Schedule Of Conditions:

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

1. This approval relates to the construction of a residential apartment building with parking commercial use at ground floor level, as detailed within drawing numbers 10, AP01; 021; 03; 04; 05; 07; 08; 09; AS01; 03; AE01; 02; 03; 04; 05; 06, Design Statement, Statement in support of application and Transport Assessment, submitted and date stamped 23rd November 2007.

1. 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.

1. Prior to the commencement of any building or engineering works, there must be submitted to and approved by the Planning Authority, details or samples of all external finishes to the proposed building for consideration and approval.

1. Prior to the occupation of any of the proposed apartments, all of the proposed parking spaces must be completed and available for use.

1. No roof-top clutter may be erected or installed without the prior written approval of the Planning Authority in response to a planning application therefore no approval is implied to such installations.

1. 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.

All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

1. There must be no discharge of surface water to the main foul sewer.

1. All services including electricity and telephone where installed must be laid underground.

1. Prior to the occupation of the development hereby approved, gates shall be erected at the eastern side of the building and thereafter retained.

1. Prior to the commencement of the development, details of the gates proposed must be submitted for consideration and approval by the Planning Authority.

NOTE The applicant is advised to consult with the Manx Electricity Authority to determine the clearance required from the overhead high tension line or the underground cable which crosses the site.

NOTE This planning application was approved by the Planning Committee 6th March 2008 but deferred by the members for the applicant to enter into a Section 13 Agreement with the Department in order to comply with the requirements of the Affordable Housing Policy. This agreement was concluded by the Attorney General's Chambers 4th September 2008 and therefore the application can be formally approved, as originally agreed by the Committee, under the delegated authority of the Director.

This decision was made by the Director of Planning and Building Control in accordance with the authority delegated to him under Article 3(13) of the Town and Country (Development Procedure) Order 2005.

Guidance Note

This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005.

Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

A form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department’s website www.gov.im/dlge/planning/plan/applications/decision.xml

Please note that a copy of the Officer’s report which led to the decision, together with correspondence relative to the application, is available for inspection at the Department.

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.