**Document:** Council of Ministers Decision Notice
**Application:** 10/00480/A — Approval in principle for a phased redevelopment of part of the Upper Pulrose Estate comprising 42 apartments, 42 dwelling houses, 35 sheltered apartments and a Police Office (discharging siting and means of access for all phases and discharging all reserved matters for Phase 8 only)
**Decision:** Permitted
**Decision Date:** 2010-10-01
**Parish:** Braddan
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/36298-braddan-upper-pulrose-estate-dwelling/documents/1352709

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# Council of Ministers Decision Notice

## The Town And Country Planning Act 1999

[Table omitted in markdown export]

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

Secretary To The Planning Committee
Department Of The Infrastructure
Murray House
Mount Havelock
Douglas

RECEIVED ON
07 OCT 2010
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 his report.

In accordance with paragraph 10.3(a) and (b), a copy of the appointed persons report is enclosed.

On the 23rd September 2010, and after consultation, the Council of Ministers accepted the recommendation contained within that report and the application was approved subject to compliance with the conditions specified below.

Date of Issue: 1st October 2010

Chief Secretary's Office
Government Offices
Bucks Road
Douglas

Mr A Johnstone
Planning Appeals Administrator

### Schedule Of Conditions:

1. Approval of the details of design, external appearance of the buildings, internal layout, landscaping of phases 9 and 10 (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced in each phase of the development and the development shall be carried out as approved.

2. The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission.

3. The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later.
4. The plans and particulars of the reserved matters referred to in condition 1 above must be in general accordance with the submitted Masterplan (drawing number SC1054/P/10/03 date stamped 1st April 2010).
5. This permission discharges the siting and means of access for Phases 8, 9 and 10, and the design, external appearance of the buildings, internal layout, landscaping for phase 8 as shown in drawing numbers SC 1054/P/10/01, SC 1054/P/10/02, SC 1054/P/10/03, SC 1054/P/10/04, SC 1054/P/10/05, SC 1054-P/10/09, SC 1054/P/10/10, SC 1054/P/10/11, SC 1054/P/10/12, SC 1054/P/10/13, SC 1054-P-10-20, SC 1054-P-10-21, SC 1054-P-10-22, SC 1054-P-10-23, SC 1054-P-10-24, SC 1054-P-10-25, SC 1054/P 11/01, SC 1054/P 11/02, SC 1054/P 12-01, SC 1054/P/12/05, SC 1054/P/12/06, SC 1054/P/12/07, 32492/PDR05 and D279-LS-01-A date stamped 1st April 2010, Design Statement from Savage and Chadwick Architects dated March 2010, Covering letter from Savage and Chadwick Architects dated 1st April 2010, Land Contamination Statement prepared by Curtins Consulting Limited dated 16th March 2010, Site Investigation report prepared by CC Geotechnical dated June 2009, Transport Statement from i-Transport dated 12th January 2010.
6. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, sheds, summerhouse, flag poles, decking, garages or tanks for storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval).
7. No phase of development shall take place until samples of the facing, roofing and paving materials for that phase have been submitted to and approved by the Planning Authority, and these works shall be carried out in accordance with the approved details for that phase.
8. No dwelling shall be occupied until the vehicular and pedestrian means of access associated with the phase for that dwelling has been constructed in accordance with the approved plans, and those means of access shall thereafter be kept available at all times for their respective purposes.
9. No dwelling shall be occupied until the car parking and manoeuvring area associated with the phase for that dwelling has been provided in accordance with the approved plans, and those areas shall thereafter be kept available at all times for their respective purpos
10. Before the development of phase 8 hereby permitted commences on site, a further soil survey of the site shall be undertaken and the results provided to the planning authority. The survey shall be taken at such points and to such depth as the planning authority may stipulate. A scheme for decontamination of the site shall be submitted to and approved by the Planning Authority in writing and the scheme as approved shall be fully implemented and completed before any residential unit hereby permitted within that phase is first occupied
11. If after of commencement of development within a phase, contamination not previously identified is found to be present, no further development (unless otherwise agreed in writing with the Planning Authority) shall be carried out until either: a site investigation has been designed and undertaken in accordance with details approved in

writing by the Planning Authority, a risk assessment has been produced and a method statement detailing the remedial requirements using information obtained from the site investigation has been approved by the Planning Authority; or if the above has been previously undertaken, the developer shall submit and obtain written approval from the local planning authority for an addendum to the method statement detailing how this unsuspected contamination shall be dealt with.
12. Any landscaping including boundary treatment, paving and footpaths referred to in Condition 1 associated with each phase of the construction works as set out on the approved drawings shall be completed in all respects, the exception of tree and shrub planting, within 3 months of the first occupation of the dwellings within that phase of construction; and all planting shall be carried out in accordance with the approved details in the first planting and seeding seasons following that first occupation of the dwellings within that phase of construction. Any tree or shrub which within 5 years from the completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species, unless the Planning Authority gives written consent to any variation.
13. Any landscaping for phase 8 including boundary treatment, paving and footpaths shall be completed in all respects in accordance with the approved drawings, the exception of tree and shrub planting, within 3 months of the first occupation of the dwellings within that phase of construction; and all planting shall be carried out in accordance with the approved details in the first planting and seeding seasons following that first occupation of the dwellings within that phase of construction. Any tree or shrub which within 5 years from the completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species, unless the Planning Authority gives written consent to any variation.
14. The railings to be erected (Fence type 3 shown in drawing number SC 1054P/10/09) must be colour coated black.
15. No development or other operations shall be commenced on this site until adequate steps, which shall have been previously approved in writing by the planning authority, have taken to safeguard against damage or injury during construction works all trees on the site, or those trees whose root structure may extend within the site. In particular no excavations, site works, trenches or channels shall be cut or pipes or services laid or any other works carried out in such a way as to cause damage or injury to the trees by interference with their root structure and no soil or waste shall be deposited on the land in such a position as to be likely to cause damage or injury to the trees.
16. Prior to the enhancement of the existing children's playground shown in drawing number SC1054/P/10/05, a scheme of enhancement must have been submitted to and approved in writing by the Planning Authority and thereafter, the enhancement scheme must be carried out within 3 months of the occupation of the last dwelling to be constructed within Phase 9.
17. The last two dwellings within phases 9 and 10 shall not be occupied until the approved public open space for that phase have been laid out and made available for use as such.
18. No dwelling hereby permitted shall be occupied until the bin storage facilities associated with the phase for that dwelling has been provided in accordance with the

approved plans, and those facilities shall thereafter be kept available at all times for their designated purpose.
19. Other than the roads and infrastructure, development in any phase, with the exception of phase 8 , shall only proceed following the submission to and approval in writing by the Planning Authority of a survey to establish whether bats exist within the site together with appropriate mitigation measures where roosts are identified, such measures to be implemented prior to commencement of development within that phase.
20. Street lighting and any floodlighting, to be provided throughout the development shall be erected in accordance with details and phasing submitted to and approved in writing by the local planning authority. No dwelling shall be occupied until street lighting has been provided on the means of access serving that development.

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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/36298-braddan-upper-pulrose-estate-dwelling/documents/1352709*