**Document:** Decision Notice
**Application:** 22/01189/B — Proposed erection of two detached townhouses with associated landscaping and parking
**Decision:** Permitted
**Decision Date:** 2024-12-30
**Parish:** Braddan
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/55304-braddan-no4-tennis-road-erection-two/documents/1099909

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# Decision Notice

EnviroArchitecture Ltd 17 Derby Square Douglas IM1 3LS

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 Douglas Holdings Ltd., Ref 22/01189/B, for the Proposed erection of two detached townhouses with associated landscaping and parking at Site Adjacent To No.4 Tennis Road Douglas.

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. Prior to the development, hereby permitted, first being brought into operation:

- - vehicle visibility splays either side of the approved site accesses and driveways shall be implemented in accordance with approved drwg. no. 10-02 RevD;
- - the access and turning areas shall be implemented in accordance with approved drwg. no. 10-02 RevD;
- - the approved driveways and parking areas shall be surfaced using a consolidated, bound material with no loose gravel. Thereafter, these elements shall be permanently retained and maintained for the lifetime of the development.

Reason: To provide a safe, useable access that would not result in the deposition of any loose material on the public highway. These elements of the development are required in the interests of highway safety.

- 3. Notwithstanding the information submitted as part of the application, full details of all hard and soft landscaping shall be submitted to the Department for approval in writing prior to the commencement of development. The landscaping works shall be carried out prior to the occupation of any part of the development in full accordance with the approved details. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department. Thereafter, all soft landscape works shall be permanently retained in accordance with the approved details.

Reason: To ensure the provision of an appropriate landscape setting to the development and to assist the creation and management of biodiversity.

- 4. The drainage details shown on drwg. no 10-01 RevG for each dwelling shall be designed and installed prior to the occupation of the development and limited to a combined discharge rate of 7 l/s/ha for both units.

Reason: An exception for surface water discharge into the combined sewer has been permitted on the basis of attenuation to regulate flow into that system.

The approval relates to the following drawings and documents referenced; 10-02 RevD - site and location plans 10-01 RevG - proposed site plan and streetscene elevation 10-05 - proposed dwellings plans and elevation Received 24.10.24 Design and access statement Received 06.10.22 This decision has been made for the following reasons(s) The proposed development to provide 2 no. detached dwellings is considered to be acceptable in principle whilst providing a well-designed and high-quality development that would result in a positive impact upon the character and appearance of the wider Conservation Area. The proposals are further deemed to provide a high-standard of living for future occupants without detriment to the amenity of surrounding residential properties, whilst being further acceptable from a highways safety standpoint. The proposals are therefore deemed compliant with Spatial Policy 1, General Policy 2, Environment Policies 35 and 42, Housing Policies 1-4, and Transport Policies 4 and 7 of the Isle of Man Strategic Plan 2016.

Date of Issue: 30th December 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Acting Head of Development Management in accordance with the authority delegated to them.

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 informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/online-applications/)

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 £355); 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 £130). 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 (should one have been received) 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/55304-braddan-no4-tennis-road-erection-two/documents/1099909*
