**Document:** Chief Secretary Approval Notice 11/00990/B
**Application:** 14/01179/B — Erection of ten dwellings to replace those approved under PA 11/00990/B
**Decision:** Permitted
**Decision Date:** 2014-12-09
**Parish:** Lezayre
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/35424-lezayre-plots-a9-a12-replacement-dwelling/documents/1344780

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# Chief Secretary Approval Notice 11/00990/B

## Chief Secretary'S Office
[Table omitted in markdown export]

### Oik yn Ard-Scrudeyr

Our Ref: DF11/0018
Planning Application Ref.No: 11/00990/B

## The Town And Country Planning Act 1999
### Town And Country Planning Development
#### (Procedure Order) 2005

Planning Secretary
Planning And Building Control
Murray House
Mount Havelock
Douglas
Isle Of Man

RECEIVED ON
-5 JUN 2012
DEPARTMENT OF INFRASTRUCTURE

In accordance with paragraph 10 of the above Order, the person appointed by the Council of Ministers to consider this application has submitted her report and in accordance with paragraph 10.3(a) and (b), a copy of the appointed persons report is enclosed.

On the 24th May 2012, and after consideration, the Council of Ministers accepted the recommendation contained within that report and the application was approved subject to the conditions specified below.

[Table omitted in markdown export]

### Conditions Of Approval:

1. Planning approval is granted subject to a Section 13 Legal Agreement between the applicant and the planning authority to ensure that 11 of the 45 dwellings are built as affordable housing.

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

3. This approval relates to the erection of 45 dwellings with associated highway and drainage infrastructure, public open space and landscaping as proposed in the submitted documents and Drwg Nos 2290.01.02, 2290.01.03, 2290.01.04, 2290.01.05, 2290.01.06, 2290.02.03, 2290.02.04, 2290.02.05, 2290.02.06, 2290.02.07 and 2290_ADR 500, all received on 15 July 2011.

4. No development shall take place until full details of soft and hard landscaping works, and a timetable for their provision, have been submitted to and approved in writing by the Planning Authority. The landscaping works shall be carried out as approved. Details of soft landscaping works shall include additional planting along the southern boundary of the site adjacent to the former Steam railway line. Any tree or shrub which within 5 years from the date of planting dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of the same size and species.

5. No dwelling shall be occupied until its parking spaces, as shown on Drwg No 2290.01.04, have been provided.

6. No dwelling shall be occupied until the estate road from the junction of the adopted highway to the access of that dwelling has been constructed at least to base course level and lighting has been provided.

7. The last 2 dwellings of the development hereby approved shall not be occupied until the areas of public open space shown on Drwg No 2290.01.04 have been turfed with grass and made available for recreational use.

8. The last 2 dwellings of the development hereby approved shall not be occupied until the realignment of Gardeners Lane to the north of the roundabout, as shown on Drwg No 2290.01.04, has been completed.

NOTE Council noted that post inquiry correspondence had been submitted to the Chief Secretary's Office (CSO) by Mr D N Sykes which had resulted in a delay between the Report being submitted to the Chief Secretary's Office (CSO) in mid-March and the matter being considered by Council. Mr D N Sykes raised issues of land ownership and planning procedures in respect of a previous planning application and certain substantive points relating to this application.

Council were advised that the Inspector had, following enquiries directed to her by CSO, confirmed that the issues raised by Mr Sykes were historic and were raised at the planning inquiry.

Advice has also been sought from the Planning and Building Control Division of the Department of Infrastructure (the Department) regarding whether the planning enforcement matters raised by Mr Sykes were such that Council was at risk of proceeding to determine this application under a misapprehension of relevant facts or whether he raised a material issue which, if correct, would make any decision reached by Council open to challenge.

The Department was not able to provide confirmation in the timescale available, however the advice received was that, on balance, Council was in a position to make a determination.

Council also agreed that any relevant enforcement matters would rest with the Department of Infrastructure.

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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/35424-lezayre-plots-a9-a12-replacement-dwelling/documents/1344780*