**Document:** Review Planning Approval Notice
**Application:** 03/00790/B — Residential estate development comprising of roads, plots, sewers, flood protection measures, drainage, public open space and layout for 26 semi detached dwellings, 69 terraced dwellings, 42 apartments and 38 self build plots
**Decision:** Permitted
**Decision Date:** 2006-04-10
**Parish:** Ramsey
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/73756-lezayre-east-of-between-dwelling/documents/1399772

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# Review Planning Approval Notice

## Town and Country Planning Acts, 1934 - 1991

### Isle of Man Planning Scheme (Development Plan) Order 1982

Heritage Homes Ltd
Park House
Isle Of Man Business Park
Cooil Road
Braddan
IM2 3AQ

In pursuance of powers granted under the above Acts and Order the Department of Local Government and the Environment does hereby **APPROVE** the following application made on behalf of:

**Name:** Heritage Homes Ltd
**Proposal:** Residential estate development comprising of roads, plots, sewers, flood protection measures, drainage, public open space and layout for 26 semi detached dwellings, 69 terraced dwellings, 42 apartments and 38 self build plots
**at:** East Of Gardeners Lane Between Greenlands Park And Poylldooey
Nature Reserve
Off Gardeners Lane
Poylldooey
Ramsey

which was considered on 29 June 2006, subject to compliance with the conditions specified below.

**Date of Issue:** 11th July, 2006
**Murray House Mount Havelock Douglas**
[Signature]
Secretary Planning Committee

### 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 drawing no.s 2290.001, 2290.100.F South, 2290.102.C, 2290.103.B, SH/FT2 & FT3/05, SH/FT2 & FT3/06, SH/F3(T)/01 rev. C, SH/F3(T)/02, SH/F3(T)/20 rev. A, SH/GA(6)/01 rev. A, SH/GA(6)/02 rev. A, SH/GB&H/01 rev. A, SH/GB&H/02 rev. A, SH/GB&H/03 rev. A, SH/H(Terrace)/01

rev. A, SH/H&M(Terrace)/03, SH/H&M(Terrace)/04, SH/H(T)/20 and SH/H(T)/30 rev. A date stamped the 9th February 2005 and drawing no. 2290.101.G North date stamped the 15th November 2005.

3. No development shall commence until a legal agreement, in accordance with Section 13 of the Town and Country Planning Act 1999, has been concluded between the applicant/developer and the Department of Local Government and the Environment. This agreement must relate to:

a) the provision of affordable housing units, in accordance with the Department's House Purchase Assistance Scheme 2004, within the development; and
b) the arrangements for the future maintenance of all flood protection measures, as per condition no.s 4 and 5 of this approval.

4. No development shall commence until full details of the design and construction of the flood protection measures have been submitted to and agreed by the Planning Authority.

5. No dwelling shall be occupied until the flood protection measures have been constructed in full and in accordance with the details approved in response to condition no. 4 of this approval.

6. No development shall commence within area 3 until a scheme detailing the phasing of that area has been submitted to and agreed by the Planning Authority. Such scheme must include:

a) the sub-division of the area into a minimum of five phases;
b) a schedule of the order of construction of the phases;
c) provision for no more than two consecutive phases, excluding infrastructure works, to be under construction at any one time;
d) a total maximum time for completion of the whole area, after which time permission will expire; and;
e) provision for any unbuilt land within the area being graded, seeded and turned over to green open space.

7. No development shall commence within area 3 until a design brief for the area has been submitted to and agreed by the Planning Authority. Such design brief must define:

a) a portfolio detailing a maximum variety of ten different types/designs of dwelling that can be built on any one plot within area 3;
b) a palette of brick, render and roof types and colours;
c) a requirement that dwellings are no greater in height than two storeys, not including the use of roof space as a habitable storey;
d) a requirement that any dormer windows used within the development are of a pitched roof form and design;
e) a requirement that no dormer windows be constructed above second floor level within any one dwelling;
f) a requirement that dwellings are designed with roof pitches no greater than 45 degrees;
g) a requirement for a minimum distance of ten metres from the rear elevation of any one dwelling to the rear boundary of its plot curtilage;
h) a requirement for a minimum distance of four meters from the front elevation of any one dwelling to the front boundary of its plot curtilage; and
i) a car parking requirement for the provision of a minimum of two car parking spaces within the curtilage of each dwelling.

8. No development shall commence until details of the colour and material finishes to be used in the construction of the external elevations of the development have been submitted to and agreed by the Planning Authority.

9. No development shall commence until full details of both hard and soft landscape works have been submitted to and agreed by the Planning Authority and these works shall be carried out as approved. All planting, seeding or turfing comprised in the approved landscape works 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, become seriously damaged or become diseased must be replaced in the next planting season with others of a similar size and species.

10. No dwelling shall be occupied until the distributor road has been, to the satisfaction of the Planning Authority, constructed right up to the eastern boundary of area 2 and 3, as shown in drawing no. 2290.100F South date stamped the 9th February 2005 and drawing no. 2290.101G North date stamped the 15th November 2005.

11. No dwelling shall be occupied until the estate road has been constructed to at least base course level and adequately lit from the junction with the adopted highway up to the access to the dwelling to the satisfaction of the Planning Authority after consultation with the Highway Authority.

12. There must be no discharge of surface water to the main foul sewerage system.

13. The Manx Museum and National Trust must be informed of the date of the commencement of development and be given access at all reasonable times and reasonable opportunity to inspect the site, observe all excavations and investigate any archaeological features that may be exposed.

NOTE The applicant/developer is advised to discuss the provisions of the legal agreement, as required under condition no. 3, with the Planning Authority, the Drainage Authority and Ramsey Town Commissioners.

NOTE The applicant/developer is advised to discuss the details of the design and construction of the flood protection measures, as required by condition no. 4 of this approval, with Ramsey Town Commissioners and the Department of Transport Drainage Division prior to its formal submission to the Planning Authority.

NOTE The applicant/developer is advised to contact the Isle of Man Fire and Rescue Service to discuss the provision of fire hydrants and to ensure that adequate fire precautions are taken.

NOTE The applicant/developer is advised to contact the Isle of Man Water Authority to discuss service provision to the development.

NOTE The applicant/developer is advised that the site is believed to contain Japanese Knotweed. It is recommended that the Department of Agriculture, Fisheries and Forestry are contacted prior to the commencement of development to ensure that appropriate measures are undertaken with regard to the correct removal of the plant from the application site.

This review has been considered by the Planning Committee on written evidence. Any additional submissions not previously circulated to interested parties are enclosed herewith.

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Note 1: This permission refers only to that required under the Town and Country Planning Acts and does not include any consent or approval under any other enactment, bylaw, order or regulation.

Note 2: No works may be commenced until such time as -
- the time for requesting an appeal in relation to the decision has expired; or
- any appeal has been completed.

Note 3: Rights of the appeal against the decision of the planning committee are attached.

Note 4: An appeal must be requested within a period of 21 days.

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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/73756-lezayre-east-of-between-dwelling/documents/1399772*
