**Document:** DEC Decision Notice
**Application:** 14/00549/B — Erection of seven detached dwellings (amendment to approved PA 13/00777/B)
**Decision:** Permitted
**Decision Date:** 2014-06-24
**Parish:** Rushen
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/34856-rushen-13-ballakilley-residential-development-dwelling/documents/1090031

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# DEC Decision Notice

Heritage Homes Limited
Dandara Group Head Office
Isle Of Man Business Park
Cooil Road
Braddan
IM2 2SA

## Town and Country Planning Act 1999

### The Town and Country Planning (Development Procedure) (No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to **APPROVE** a planning application by Heritage Homes Limited, Ref **14/00549/B**, for the Erection of seven detached dwellings (amendment to approved PA 13/00777/B) at Plots 8 - 13 Ballakilley (Residential Development Under Construction) Off Church Road Port Erin & Rushen Isle Of Man subject to compliance with the following condition(s):

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

2. The dwellings hereby approved must be constructed in accordance with the phasing programme approved as part of PA 13/00777.

REASON: the overall estate has been phased to ensure the appropriate provision of public open space and highways and the development hereby approved must accord with that.

3. Other than as specified in the approved phasing schedule, 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.

REASON: it is important for the success of the development that the landscaping, which is designed to soften and complement the built development, is introduced as shown in the plans.

4. Prior to the occupation of any dwelling, there must be between the property and the A29 Church Road an access including footways constructed to at least base course level and adequately lit.

NOTE: The applicant should take all reasonable steps to ensure that roads and footways are usable by those who may be occupying the completed houses whilst construction continues elsewhere on the estate.

REASON: when each dwelling is occupied there must be a reasonable standard of roadway access to and from the dwelling and from and to the public highway.

5. Prior to the occupation of any dwelling appropriate traffic calming features to ensure that traffic travels at a safe speed must be installed to the satisfaction of the Planning Authority.

NOTE: this may include temporary traffic calming measures to be installed whilst the carriageways are being used by construction traffic as well as permanent features which will be retained once the roads are completed, The applicant should liaise with the Highway Authority in this respect.

REASON: the estate must be safe for all users.

6. No dwelling shall be occupied until the vehicular access has been provided where shown on the approved plans and in all cases space has been laid out for at least two motor cars to be parked in accordance with the drawing 17.02 P3. These vehicle parking facilities shall thereafter be retained for use in conjunction with the relevant dwelling.

REASON: this condition is imposed in order to ensure that reasonable and adequate parking space is provided to meet normal parking demands and avoid the need for vehicles to be parked on the highway where they could adversely affect the safety of other highway users.

This approval relates to drawings reference 17.06, 17.08/P2, 17.10/C, APL_106.01, 119.03/A, 129.16, APL_111.01, APL_112.0, 1APL_113.01, APL_115.01/A AND 2359_APL_119.01/F all received on 2nd May, 2014.

Date of Issue:
24th June 2014

M Gallagher

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it. This permission refers only to that required under the Town and Country Planning (Development Procedure) (No 2) Order 2013. Any appeal against this decision must be in accordance with Article 8 of the Order.

A valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

- Payment of a planning appeal fee as prescribed in an order made by the Department under Section 1(1) of the Fees and Duties Act 1989 (currently £150);
- The reasons for making the appeal; and
- An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-appeals/how-to-appeal/

Please note that a copy of the Officer’s report which led to the decision, together with correspondence relative to the application, are 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.

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, 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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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/34856-rushen-13-ballakilley-residential-development-dwelling/documents/1090031*