**Document:** PA 10/00544/B Decision Notice
**Application:** 12/00914/C — Variation of condition 4 of approved PA 10/00544/B, residential development of 101 dwellings with associated highway and drainage works, public open space and landscaping (re-advertised to correct administrative matters)
**Decision:** Permitted
**Decision Date:** 2012-10-02
**Parish:** German
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/3042-german-derby-road-poortown-condition-variation/documents/1275179

---

# PA 10/00544/B Decision Notice

## The Town And Country Planning Act 1999

### Town And Country Planning Development
### (Procedure Order) 2005

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

**Applicant:** Heritage Homes Ltd
**Proposal:** Residential development of 101 dwellings with associated highway and drainage works, public open space and landscaping, Field 311825 And Parts Of Fields 315097, 311826, 311827 & 314444 Between Derby Road / Poortown Road & QE2 High School And East Of Reayrt Ny Keylley Peel Isle Of Man

1. In accordance with article 10 of the Town and Country Planning (Development Procedure) Order 2005 (“the Order”), the person appointed by the Council of Ministers (“Council”) to consider this application (“the Appointed Person”) made his report and recommendations to Council (dated 30 June 2011) (“the Report”) some six months ago. Since issuing the Report the Appointed Person has provided Council with a supplementary report dated 30 November 2011 (“the Supplementary Report”) and a further note of clarification dated 8 December 2011 (“the Clarification Letter”); copies of all three documents referred to above are enclosed herewith;

2. Following its consideration of the Report on 14 July 2011, Council determined that it was minded to approve the application subject to 9 conditions set out in the notice dated 27 July 2011 (“the Minded to Approve Notice”) and upon condition that the Applicant satisfied Council within 4 months of the date of the said Notice that it had entered into those agreements identified by the Appointed Person at Paragraphs 117 and 118 of the Report (“the Section 13 Agreements”) (the Applicant has duly satisfied Council with regard to the Section 13 Agreements);

3. Subsequent to the Minded to Approve Notice, an issue arose in respect of the discharge of condition 8 of the Report relating to revised plans for 8 dwellings (plots B3-B10);

4. Council agreed to a process whereby it would effectively act as “Planning Authority” in respect of condition 8 and it subsequently circulated the revised plans, submitted to it by the Applicant, to all interested parties in order to allow 21 days for them to make further written submissions limited to the revised plans;

5. The Appointed Person was requested to review the written submissions and to make a supplementary report to Council dealing with the two objects of condition 8, namely, the design of the 8 dwellings relative to the existing character of Poortown Road and the impact upon important public views, from the Poortown Road, of the hills to the south of the site;

6. Council considered the Supplementary Report which concluded that the first object of condition 8 had been met but that insufficient information had been submitted to demonstrate satisfaction of the second and that therefore the submission of the revised plans should not be approved as discharge of condition 8;

7. Following receipt of the Clarification Letter Council sought, and then considered, further information from the Applicant in the form of photographs and visual representations (enclosed herewith) in respect of the second object of condition 8, specifically in respect of whether the important public view of the hills to the south of the site from Poortown Road was obstructed by development further into the site;

8. Council considered the photographs taken from five camera positions and took the view that the interior development combined with the newly developed neighbouring site would to a great extent mask the public view of the hills in the south from the Poortown Road; further, Council did not consider that the several small remaining vistas permitting partial and broken sight of the raised landscape beyond were significant.

9. Council noted that, should further changes be proposed in style and layout of plots B3 to B10 to minimise interference with the remaining vistas, it may interfere with the ability to meet the first object of Condition 8. In Council’s opinion the revised plans struck an appropriate balance between the two objects of Condition 8.

10. Council considered whether further consultation with the interested persons could result in any discernable improvement in the position, noting that subsequent garden and boundary planting may obscure any small vistas remaining in any case, and felt that in the circumstances further consultation and the resultant prolonging of the decision making process with the attendant prejudice that this would cause would be futile and undesirable.

11. Council agreed that, as the interior development combined with the newly developed neighbouring site would to a great extent already mask all but the smallest vistas to the hills, the second object of Condition 8 could not be met. By reason of the foregoing after due consideration Council discharged condition 8.

12. With regard to Plot B1 Council noted and accepted the content of paragraphs 30 and 31 of the Supplementary Report.

13. On 15 December 2011 Council considered all the forgoing matters / material and information and granted approval of the above planning application subject the schedule of conditions outlined below.

Date of Issue: 23 December 2011

Chief Secretary’s Office
Government Offices
Bucks Road
Douglas

### Schedule of Conditions

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

2. This approval relates to the residential development of 101 dwellings with associated highway and drainage works, public open space and landscaping Field 311825 and parts of

Fields 315097, 311826, 311827 and 314444 between Derby Road/Poortown Road and QE2 High School and East of Reayrt Ny Kelley, Peel as shown by 2313.129, 2313.127, 2313/2/102, 2313/2/103, 2313/2/104, 2313/2/105, 2313/2/106, 2313/2/107, 2313/2/109, 2313/2/111, 2313/2/117, 2313/2/118, 2313/2/121, 2313/2/121(2), 2313/2/122(2), 2313/2/122, 2313/2/123, 2313/2/124, 2313/2/125, 2313/2/135, 2197-2ACN303, 2313.200, Drainage calculations and technical details, Transport Assessment and Support Documentation all received 16th April 2010 and 2313ADR510 Rev F and 2313ADR511 Rev A received 2nd August 2010 and 2313/2/119 received 11th April 2011 and 2313/10/01, 2313/2/111A, 2313/2/118, 2313.2.120, 2313/2/124, 2313/2/125, 2313/2/126A received 2nd September 2011.

3. All planting, seeding or turfing comprised in the approved details of landscaping shown on approved drawing 2313/2/126A Landscaping Scheme 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 unless otherwise agreed in writing with the Planning Authority.

4. Prior to the occupation of any dwellings, the road layout shown by approved drawing 2313.127 Site Layout including parking areas, must be laid to at least base course level and the parking associated with the development must be available for use by occupiers of the dwellings.

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

6. The temporary sewage treatment plant and all associated infrastructure must be decommissioned and removed from the site within 3 months of the public foul sewer system within Peel becoming connected to IRIS or any subsequent replacement scheme unless otherwise agreed in writing with the Planning Authority.

7. For the avoidance of doubt, this approval does not extend to approval in any form of any roadway shown outside the application site denoted by a red line on drawing 2313.127.

8. No development shall take place until a Construction Method Statement has been submitted to and approved in writing by the Planning Authority. The approved statement shall be adhered to throughout the construction period, and shall provide for:

(i) The parking of vehicles of site operatives and visitors. (ii) The loading and unloading of plant and materials. (iii) Storage of plant and materials used in constructing the development. (iv) Wheel washing facilities. (v) Measures to control the emission of dust and dirt during the construction. (vi) The fencing of the site. (vii) The establishment of a local liaison committee, and a protocol for receiving and answering representations from the public.

(viii) The meeting of the local liaison committee prior to the commencement of development, and then at least once every 6 weeks, and the publication of agendas and minutes.

---

*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/3042-german-derby-road-poortown-condition-variation/documents/1275179*