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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 21/01567/B, for the Replacement of existing dwelling with the erection of 7 detached dwellings with integral garages and associated access, drainage and landscaping at Netherby Douglas Road Castletown Isle Of Man IM9 1TN. 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 development hereby approved shall not be occupied/brought into use unless the bat boxes, bird boxes, and Bee Bricks have been installed/constructed in accordance with details submitted. The mitigation bat, bird and bee boxes/bricks are to be erected on site as detailed in the Proposed Site plan (Drawing No. 3 Rev A) and the Plot 1 - Plot 7 Plans and Elevations Drawings all dated December 2021, (Drawings no. 8, 9, 10, 11, 12, 13 & 14) The boxes/bricks shall be retained thereafter. Reason: In the interests of protecting and enhancing the biodiversity of the environment. 3. Notwithstanding the details that have been submitted, the development hereby approved shall not commence until a detailed landscaping strategy which includes the creation of a long-term habitat management plan for the wildflower areas shown in the most up-to date landscape plans, has first been submitted to the Department in writing to be agreed. The strategy shall include a timescale for implementation.
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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 The detailed landscape strategy shall include a detailed landscaping layout, details of planting (no none non-native species), hard surfacing materials, site levels, and details of the landscape features (hedges and trees) marked to be retained on site. Soft landscaping works shall include: planting plans (at a scale not less than 1:100), written specification of planting and cultivation works to be undertaken and schedules of plants, noting species, plant sizes and proposed numbers / densities and a programme for the implementation, completion and subsequent management of the proposed landscaping. No Wildlife Act 1990 Schedule 8 non-native invasive plant species are to be planted on site. The development shall be carried out in accordance with the approved scheme and shall be retained as such thereafter unless changes to the landscaping have been submitted to and approved in writing by the Department. Any additional removal must be compensated for by replacement planting in accordance with details which have first been approved in writing by the Department.
Reason: To ensure that the development achieves a high standard of design, layout and amenity and makes provision for hard and soft landscaping which contributes to the creation of a high quality, accessible, safe and attractive environment. 4. Prior to the removal of Tree no. 4618 a Preliminary roost assessment by a suitably qualified ecologist shall be submitted to and approved in writing by the Department, as this tree was found to have potential roost features for bats in its trunk and is due to be removed. Reason: To provide adequate safeguards for the ecological species existing on the site. 5. The development hereby approved shall not be occupied/brought into use unless the stacked Log pile creation or a hibernaculum suitable for Common Lizard as detailed in the Proposed Site Plan dated October 2021 (Drawing no. 3), and referred to (with details shown) in Appendix VII of the Manx Wildlife Trust Preliminary Ecological Appraisal Report dated June 2021 have been installed/constructed in accordance with details submitted. The stacked log piles shall be retained thereafter. Reason: In the interests of protecting and enhancing the biodiversity of the environment. 6. Prior to the commencement of the development hereby approved, a detailed external low level lighting scheme shall be submitted to and approved in writing by the Department. The lighting of the site will be designed in accordance with the recommendations outlined in the BCT and ILP Guidance Note 8 Bats and Artificial Lighting (12th September 2018). The lighting details shall include detailed drawings of the proposed lighting columns and fittings, information about the levels of luminance and daily duration and any measures for mitigating the effects of light pollution. The development shall not be carried out other than in accordance with the approved plan. Reason: To provide adequate safeguards for the ecological species existing on the site. 7. Prior to the commencement of the development hereby approved (including site clearance), a Working Method Statement and eradication plan for Schedule 8 non-native invasive plant species shall be submitted to and approved in writing by the Department.
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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 The development shall not be carried out other than in accordance with the submitted Method Statement. Reason: In order to protect and enhance biodiversity in the environment. 8. Prior to any works (including site clearance) commencing on the site, a Precautionary Working Method Statement for common lizard, common frog and breeding birds, shall be submitted to and approved in writing by the Department. The development shall not be carried out other than in accordance with the submitted Method Statement. Reason: To provide adequate safeguards for the ecological species existing on the site. 9. The Wildflower areas shown in the landscape plan (Drawing No. 06 Rev A) dated 18 February 2022, shall be created and managed via the methodology specified in the Habitat section in Table 1 of the Manx Wildlife Trust's Technical Note: Biodiversity Metric and Ecological Mitigation Plan - Netherby. The development shall not be carried out other than in accordance with the approved plan. The Wildflower areas shall be retained thereafter. Reason: In the interests of protecting and enhancing the biodiversity of the environment. 10. The existing trees marked for retention on the Outline Tree Protection Plan (Drawing No. OTP-201221) shall be retained in accordance with the approved details. Any retained tree which within five years of the approved development being occupied or completed (whichever is the later) dies, are removed or become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department. The Arboricultural monitoring indicated in the Arboricultural Method Statement, which forms part of the tree protection for the site shall be carried out in accordance with the details outlined in the Manx Root Tree Survey and Report. Reason: To safeguard the appearance of the development and the surrounding area. 11. The replacement tree planting shall be carried out in accordance with the tree planting shown on drawing (06 Rev A) and the Outline Tree Protection (Drawing No. OTP- 150322, prepared by Manx Roots), submitted in support of the application. The planting shall be carried out in the first planting season following the removal of the existing trees. Any replacement 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 that replacement tree planting takes place to mitigate the tree removal required to facilitate the development. 12. No development shall commence on site until a programme of archaeological work, to include excavations where required, has been submitted to and approved in writing by the Department. The programme shall indicate the degree of supervision by a qualified archaeologist. The development shall not be carried out unless in accordance with the programme of archaeological work so approved. Reason: To ensure that archaeological remains and features are adequately recorded.
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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 13. The development hereby approved shall not be brought into use unless the access, visibility, vehicular and pedestrian access and all parking and turning areas, have been provided and surfaced in accordance with the details shown on the approved plans (Drawing Nos. ITB16403-GA-007, and 03 Rev A). Once provided, all access, parking and turning areas shall thereafter be permanently retained as such. Reason: To ensure the provision of a means of access, parking and turning space to an adequate standard in the interests of road safety. 14. No development in connection with the development hereby approved shall be occupied/brought into use unless the proposed foul sewage and surface water drainage system[s] have been provided in accordance with the approved plans (Drawing No. 16 Rev A received 28 February 2022, and 03 Rev A received 18 February 2022). The foul and surface water drainage system[s] shall be permanently retained thereafter in accordance with the approved scheme. Reason: In order to ensure that adequate drainage facilities are provided, and retained, in the interests of the amenity of the area. 15. Except for excavation and demolition work, you must carry out any building work which can be heard at the boundary of the site only: o between 08.00 and 18.00 Monday to Friday; o between 08.00 and 13.00 on Saturday; and o not at all on Sundays, bank holidays and public holidays. You must carry out excavation and demolition work only: o between 08.00 and 18.00 Monday to Friday; and o not at all on Saturdays, Sundays, bank holidays and public holidays. Reason: to protect the local environment. 16. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2012 or any order amending, revoking or re-enacting that Order no means of enclosure, structures or other free standing buildings, other than that shown on the approved plans and other documents listed on this decision notice, and any drawings approved subsequently in writing by the Department pursuant to any conditions on this decision notice, shall be erected on the site without an express grant of planning approval from the Department. Reason: In the interests of the character and appearance of the development. D: This approval relates to the following plans and documents: Drawings o Hart 55-01 Location Plan o Hart 55-02 Existing Site Plan o Hart 55-03 rev B Proposed Site Plan o Hart 55-04 Airport Flight Safety Site Plan o Hart 55-05 Fencing Schedule o Hart 55-06 rev A Landscape Plan o Hart 55-08 Plot 1 Plans and Elevations o Hart 55 -09 Plot 2 Plans and Elevations o Hart 55-10 Plot 3 Plans and Elevations o Hart 55-11 Plot 4 Plans and Elevations o Hart 55-12 Plot 5 Plans and Elevations o Hart 55-13 Plot 6 Plans and Elevations
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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 o Hart 55-14 Plot 7 Plans and Elevations o Hart 55-15 Street Elevations o Hart 55-16 rev Drainage Plan Pumped Option o CGI Sheet 1 of 2 o CGI Sheet 2 of 2 o Manx Roots - Tree Constraints Plan o Manx Roots - Tree Impact Plan o Manx Roots - Tree Protection Plan Reports o Hartford Planning Statement o MWT - PEAR Report o MWT - Ecology Mitigation Plan o Manx Roots - Arboricultural Impact Assessment o Manx Roots - Tree Report o Manx Roots - Tree Root Report o RPS - Archaeological Statement o Delta Planning - Housing Need Statement o Black Grace Cowley - Property Market Statement o I Transport - Transport Statement Relevant Emails o George Li to Paul Visigah 17/2/2022 Additional information in support of application o Paul Brew to Paul Visigah 28/2/2022 Response to MUA Drainage o Paul Brew to Paul Visigah 9/3/2022 Highway Drainage o Paul Brew to Paul Visigah 17/3/2022 Response to Forester queries o Paul Brew to Paul Visigah 29/3/2022 Response to Flood query o Paul Brew to Paul Visigah 04/04/2022 Confirmation from Flood Team that they are happy with the development o George Li to Paul Visigah 27/4/2022 Response to Neighbour's Concerns o Paul Brew to Paul Visigah 27/5/2022 Confirmation of pumped drainage, inc. technical details This decision has been made for the following reasons(s) It is concluded the proposal complies with the relevant planning policies of the Isle of Man Strategic Plan 2016, Residential Design Guide 2021 and the Area Plan for the South and therefore it is recommended the application is approved subject to conditions as listed. Date of Issue: 24th June 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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