Appeal Decision Notice

Department of Environment, Food and Agriculture

Rheynn Chymmyltaght, Bee as Eirinys

Ellis Brown 12 Strathallan Crescent Queens Promenade Douglas IM2 4NR

Telephone: (01624) 687364 Email: [email protected] Contact: Mr R A Sidebottom Our Ref: KF/AP21/0026Appl Date: 12th January 2022

Dear Sir/Madam,

On Appeal

PA No: 20/00787/B Address: Field 314758, Main Road, St Johns, Isle of Man Proposal: Full approval for three dwellings on plots 2, 4 and 6 with drainage, access and landscaping and Approval in principle for two dwellings on plots 1 and 3 addressing siting, landscaping drainage and means of access Applicant: Mr and Mrs D A and W E Davies

I refer to the appeal in respect of the above planning application.

In accordance with the provisions of The Town and Country Planning (Development Procedure) Order 2019, I herewith give notice of the appeal decision.

The Minister for Environment, Food and Agriculture, the Hon C Barber MHK, has considered the report, concurs with the appointed person's conclusions, and accepts the recommendation that the appeal should be dismissed. Accordingly, she has directed that the Department's approval of the application should be upheld, and that the application should be Approved subject to conditions. Formal notice of this decision is attached.

Yours faithfully

Department of Environment, Food & Agriculture Thie Slieau Whallian, Foxdale Road, St John's, Isle of Man, IM4 3AS

1856

Isle of Man

Government

British Isles Service

The Town And Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2019

Ellis Brown 12 Strathallan Crescent Queens Promenade Douglas IM2 4NR

In pursuance of her powers under the above Act and Order/Regulations, the Minister for the Department of the Environment, Food and Agriculture, the Hon C Barber MHK does hereby in the name of and on behalf of the Department APPROVE planning application 20/00787/B by Ravenhill Resources Limited for Full approval for three dwellings on plots 2, 4 and 6 with drainage, access and landscaping and Approval in principle for two dwellings on plots 1 and 3 addressing siting, landscaping drainage and means of access – Field 314758, Main Road, St Johns, Isle of Man, subject to the following condition(s):-

Conditions Of Approval:

1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval, in relation to plots 2, 4 and 6 or before the expiration of two years from the date of approval of the last of the reserved matters, in relation to plots 1 and 3.

Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019.

1. Application for approval of all of the reserved matters in relation to plots 1 and 3 shall be submitted to and approved in writing by the Department before any development is commenced and before the expiration of two years from the date of this approval. The reserved matters shall include details of the internal layout, design and external appearance of plots 1 and 3, and thereafter shall only be carried out in accordance with the details as approved.

Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019.

1. The development works hereby approved, including any clearance or preparatory work shall be undertaken in accordance with the submitted 'Written Scheme of Investigation for Archaeological Evaluation' prepared by Wardell Armstrong dated February 2021.

Reason: To ensure that archaeological remains and features are adequately recorded and protected and the works are suitably supervised by a qualified archaeologist.

1. Prior to commencement of any works relating to the drainage within the lane hereby approved, an Arboricultural Method Statement shall be submitted and approved in writing by the Department providing details of the following:

a) Technical details of how the proposed protection measures will be implemented along the lane b) A method statement for the installation of the foul drainage connection along the lane

Department of Environment, Food & Agriculture

Thie Slieau Whallian, Foxdale Road, St John's, Isle of Man, IM4 3AS

c) An Arboricultural Monitoring Programme (AMP) providing a schedule of a monitoring and reporting programme of on-site supervision and checks of compliance on all arboricultural matters relating to the installation of drainage within the lane. The AMP shall include as a minimum who shall conduct such monitoring and supervision, and a written and photographic record shall be submitted to the Department at scheduled intervals in accordance with the approved AMP.

Reason: To ensure that retained trees along the lane are adequately protected during the construction process, in the interests of preserving these existing landscape features and the amenity they provide to the area.

1. The tree protection measures shall be fully installed, implemented and monitored as described in the Tree Protection Plan (drawing number 0725/PL104 Rev A) and the approved Arboricultural Method Statement required by condition 4.

Reason: To ensure that the agreed tree protection measures are properly implemented, in the interests of preserving the amenity retained trees provide to the area.

1. Prior to the occupation of any approved dwelling a tree planting plan shall be submitted to and agreed in writing by the Department. Where applicable the plan shall adhere to the recommendations of BS8545:2014 (Trees: from nursery to independence in the landscape - recommendations) and in all cases shall include details of the exact location, species, nursery specification and planting specification of each tree (or group of trees) to be planted and the approximate date when they are to be planted. The tree planting shall take place as agreed and any trees which, within a period of 5 years from their first planting, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation.

Reason: To ensure that the agreed tree protection measures are properly implemented, in the interests of preserving the amenity retained trees provide to the area.

1. Prior to the occupation of any dwelling hereby approved, the waste bin collection point as shown on drawing 0725/PL103 Revision H must be provided and shall be retained thereafter.

Reason: To ensure suitable amenity for refuse collection.

1. Prior to the occupation of any dwelling hereby approved a Lighting Design Strategy for Biodiversity shall first be submitted to and approved in writing by the Department. The strategy shall as a minimum include reference to Appendix VII of the Preliminary Ecological Appraisal report dated March 2020.

All external lighting shall be installed in accordance with the specifications and locations set out in the approved strategy, and no other external lighting shall be installed without prior consent from the Department.

Reason: In the interests of protecting and enhancing the biodiversity of the environment.

1. The development hereby approved including preparatory and clearance works shall be carried out in accordance with the recommendations and requirements of the Preliminary Ecological Appraisal report dated March 2020 specifically the Reasonable Avoidance Measures identified in Sections 6.7, 6.8, 6.11 to 6.16, and the management prescriptions detailed in Section 6.25. The identified avoidance measures and mitigation shall be adhered to, implemented in full and maintained thereafter.

Reason: To provide adequate safeguards for the statutorily protected and ecological species existing on the site and to ensure no spread of non-native plant species.

Department of Environment, Food & Agriculture Thie Slieau Whallian, Foxdale Road, St John's, Isle of Man, IM4 3AS Page 2 of 5

1. No development or site works relating to the construction of the dwellings, turning head, internal access road and/or any other associated works except those drainage works along the lane shall be commenced until the temporary construction access as shown on drawing 0725/PL103 Rev H has been constructed and carried out in full accordance with the approved details.

The lane for the drainage works shall not be used by any other construction traffic.

Reason: To ensure appropriate construction access is provided.

1. In the event that the construction access is no longer required or following 18 months of the access first coming in to use, whichever is the earliest, the temporary access shall be removed and the land restored in accordance with the remediation details approved on drawing number 0725/PL103 Rev H. The remediation shall be carried out within 3 months of the day of last use of the access.

Reason: To ensure that any construction access is provided without compromise to the free flow of traffic or highway safety. It has also been approved on a temporary basis only as set out in the application and its proper removal will ensure the open space, proposed Conservation Area and ecology are appropriately protected.

1. The visibility splays of the temporary construction access hereby approved shall be maintained for the duration of its approved use with no obstruction greater than 1.05 metres above adjoining road level.

Reason: In the interest of highway safety.

1. For the avoidance of doubt there shall only be one temporary construction access installed on field 312711 at any one time.

Reason: To avoid the culmination of temporary construction accesses in the interest of visual amenity.

1. Prior to the commencement of any works on site details of fencing and measures to restrict the movement of construction vehicles relating to the approved development through the Balladoyne Estate shall be submitted to and approved in writing by the Department and thereafter the development shall only be carried out in accordance with those details as approved and retained for the full duration of the construction works.

Reason: There shall be no construction access via Balladoyne estate in the interest of highway safety and neighbouring amenity.

1. Prior to the first occupation of any dwelling hereby approved the permanent access and turning head shown on drawing 0725/PL103 Rev H must be provided in full accordance with the approved details and retained as such thereafter.

Reason: To ensure suitable permanent access in the interest of highway safety and amenity.

1. Prior to the first occupation of any dwelling the driveway parking, access and turning areas associated with that dwelling shall be provided in full accordance with Drawing 0725 PL103 Rev H and maintained free from obstruction at all times with the exception of Plot 6 to which Conditions 19 and 20 of this approval apply.

Reason: To ensure suitable off-road parking is provided for each dwelling.

1. 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 street lighting or lamp standards shall be erected under the terms of Class 12 of Schedule 1, unless in accordance with the Lighting Design Strategy for Biodiversity as approved under Condition 8.

Reason: In the interests of protecting and enhancing the biodiversity of the environment.

Department of Environment, Food & Agriculture Thie Slieau Whallian, Foxdale Road, St John's, Isle of Man, IM4 3AS Page 3 of 5

1. Prior to commencement of any works relating to the temporary construction access technical details of how the proposed tree root protection system will be implemented and installed shall be submitted and approved in writing by the Department and shall include information of monitoring and evidence of its completion.

Reason: To ensure that retained trees along the temporary construction access are adequately protected during the construction process, in the interests of preserving these existing landscape features and the amenity they provide to the area.

1. Notwithstanding the detail shown on drawing number 0725/PL103 Rev H, there shall be no access or drainage services constructed to Plot 6 between the Cairn Site and the northern boundary with No. 8 Balladoyne Estate.

Reason: In the interest of appropriately safeguarding the archaeological remains of the Cairn Site.

1. No access or drainage services shall be constructed to Plot 6 until alternative access details have been approved in writing by the Department and Plot 6 shall not be occupied until access and drainage services have been provided in full accordance with the approved details and retained as such thereafter.

Reason: To ensure that sufficient construction detail is provided for any access (including footpaths) and drainage services to Plot 6 in the interest of appropriately safeguarding the archaeological remains of the Cairn Site.

NOTE: This approval relates to the following drawings:

This decision has been made for the following reasons(s):

The proposed development is considered to comply with Policy RES/P/1 and the related Development Brief of the St Johns Local Plan and with General Policy 2 and Strategic Policy 4 of the Isle of Man Strategic Plan 2016.

Date of issue: 12th January 2022

Drawing Number	Date Received
0725/PL002 Rev A	17 March 2021
0725/PL004 Rev A	17 March 2021
0725/PL006 Rev A	17 March 2021
0725/PL103 Rev H	20 April 2021
0725/PL104 Rev A	20 April 2021
Wardell Armstrong Written Scheme of Investigation for Archaeological Evaluation, covering letter and BS 8545:2014 Planting Specification	17 March 2021
Preliminary Ecological Appraisal	22 July 2020
Geoquest Associates Report	22 July 2020

Note 1: A copy of the report of the appointed person is appended hereto.

Note 2: All parties should note that there is no prescribed right of appeal relevant to the Minister’s decision herein and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within 3 months.

Note 3: The letter which accompanies this notice forms part of the notice in accordance with Article 13 (3) of the Town & Country Planning (Development Procedure) Order 2019.

Department of Environment, Food & Agriculture Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS Page 5 of 5