DEC Decision Notice

Haven Homes Limited The Old Chapel 32-34 Malew Street Castletown IM9 1AF

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Haven Homes Limited, Ref 18/00524/B, for the Erection of 96 dwellings with associated roads, car parking and landscaping at Field 434021 And 434031 Corner Of Douglas Road And Victoria Road Castletown Isle Of Man .

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• 2. Prior to the occupation of any dwelling, a fencing schedule for the entire site shall be approved in writing by the Department and the development undertaken in accordance with these details. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 or any Order superseding this, no fencing or walling which abuts any area of Public Open Space, highway or at the rear of plots 49-56 may be introduced other than in accordance with these details.

Reason: introduction of inappropriate fencing or walling could adversely affect the character of the development or the health of existing trees or both.

• 3. Prior to the commencement of work on plots 49 - 53 inclusive, trial pits shall be dug to ascertain the root spread of the adjacent trees numbered T3, T8, T9 and T12 in the submitted Tree Survey and Arboricultural Impact Assessment. If tree roots are found within the area to be excavated for the construction of the dwelling where the damage of such would affect the health of these trees, appropriate measures for the construction of the house must be approved in writing by the Department and the development must be undertaken in accordance with these details.

• Reason: to protect the trees which form the backdrop to the Conservation Area and the railway station.
• 4. Prior to the commencement of any other work on site the tree protection measures shown in the Tree Survey and Arboricultural Impact Assessment must be installed and retained throughout the construction of the estate. No vehicles may be parked nor materials stored within the Root Protection Areas demarcated by these protection measures. Reason: to protect trees which have importance to the character of the Conservation Area.
• 5. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 or any Order superseding this, no extensions nor any garden shed, summerhouse or greenhouse may be undertaken on plots 49 - 53 inclusive.

Reason: these properties are close to existing trees and extensions could adversely affect the health of the trees by cutting through or damaging roots or result in structures would jeopardise the future of the trees by their proximity.

• 6. All planting, seeding or turfing comprised in the approved details of landscaping 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.

Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.

• 7. Prior to occupation of each dwelling, the respective car parking shall be constructed as indicated on the approved plans and shall remain as approved for the duration of occupation of the development.

Reason: to minimise on-street car parking that could be detrimental to the operation of the highway.

• 8. The development must include the measures recommended in Chapter 5 of the Preliminary Ecological Appraisal Report of August 2018, specifically the planting in the roadside verges of wildflower mix planted only with subsoil, the provision of a barn owl box facing towards Poulsom Park and the use of native tree and plant species within the proposed planting scheme. Details of the species of trees and plants to be used together with the location and details of the barn owl box must be provided to the Department and the development must be undertaken in full accordance with these details. Reason: to enhance the biodiversity value of the site.
• 9. No dwelling may be occupied until such times as the signal controlled pedestrian crossing on Douglas Road has been upgraded to satisfactorily accommodate the additional pedestrian traffic which will result from this development. Reason: to encourage sustainable transport in accordance with the active travel strategy.
• 10. The development may not be commenced until such times as a scheme for the delivery of the public open space has been approved by the Department and the public open space must be provided in accordance with these details. The scheme must include

provisions for the future maintenance of the public open space following the occupation of the dwellings.

Reason: to ensure that the public open space is provided in a timely manner and adequate provisions are in place for the future maintenance of this space.

This decision relates to the following drawings: 1522-014P received on 29.01.20

• 1522-015C received on 18.05.18
• 1522-016C received on 18.05.18 1522-019B received on 18.02.19 1522-022D received on 18.05.18 1522-023F received on 29.01.20

• 1522-024C received on 18.05.18
• 1522-025C received on 18.05.18 1522-028L received on 18.02.19 1522-029J received on 29.01.20

• 1522-030D received on 18.02.19
• 1522-031D received on 18.02.19
• 1522-032E received on 18.02.19
• 1522-033E received on 18.02.19
• 1522-034E received on 18.02.19
• 1522-035E received on 18.02.19 1522-037C received on 18.02.19
• 1522-036E received on 18.02.19

• 1522-040E received on 18.02.19
• 1522-041 received on 29.01.20 two drawings entitled 01 and an 02 received on 18.02.19 The Protected Species Report for bats and birds prepared by Manx Wildlife Trust Consultancy Services and dated September 2018 The Preliminary Ecological Appraisal Report prepared by Manx Wildlife Trust Consultancy Services and dated August 2018 The Tree Survey and Arboricultural Impact Assessment dated 05.02.20 prepared by Manx Roots and the Transport Assessment prepared by Paragon Highways dated October 2018

NOTE The applicant is encouraged to install bat and bird boxes within the development to enhance the biodiversity of the area.

NOTE The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 2nd March 2020. The issue of the decision notice has been triggered by the Section 13 agreement having been concluded. The 21 days for appeal (for those with Interested Person Status) runs from the date of the decision notice.

This decision has been made for the following reasons(s) The development is considered to accord with the relevant Strategic Plan policies and where there is a departure from General Policy 2 in respect of non-compliance with the development brief in respect of the means of access, this is deemed acceptable in the interests of highway safety. Where there is a shortfall in the provision of Public Open Space this is considered acceptable given the proximity and accessibility of Poulsom Park. This acceptance is dependent upon the application of appropriate conditions to suspend the provisions of the permitted development order in terms of the erection of fencing and walling for plots fronting or backing onto the existing highways including the railway and the footpath to the north east to prevent a hard edge to the development at these points -

Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950

plots 1-8, 32, 33, 42, 43, 49-56 and 80-96. Also, the Order should also be suspended in respect of extensions to the properties on plots 49-53 to ensure that further development does not jeopardise the future of the adjacent trees. Conditions should also be attached to reflect the comments and requirements of Highway Services, the protection of the trees and a note attached to encourage the provision of bird and bat boxes. Finally the standard condition regarding planting and landscaping is also recommended

Date of Issue: 1st April 2020

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

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 led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.

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 £276); and
•  election to have the appeal conducted by means of an inquiry(a hearing) or by means of written representation.

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 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.