Minister Approval Notice 10/01558/B

Heritage Homes Ltd Dandara Group Head Office IOM Business Park Cooil Road Braddan IM2 2SA

Office of the Minister and Chief Executive

Telephone: (01624) 686603 Fax: (01624) 686617 Email: [email protected] Contact: Maggie Farmer Our Ref: ITT/mf Your ref: Date: 24 August 2011

Dear Sir/Madam

On Appeal

Application No: 10/01558/B Proposal: Erection of 31 dwellings with associated highway and drainage infrastructure, public open space and landscaping - Field 334281 and adjoining land, Springfield Terrace, Foxdale Applicant: Heritage Homes Ltd Appellant: Patrick Commissioners

I refer to the recent appeal in respect of the above planning application.

In accordance with the provisions of the Town and Country Planning (Development Procedure) Order 2005, I am enclosing herewith a copy of the report of the person appointed to consider this appeal.

The Minister has considered the report, concurs with the appointed person’s conclusions, and accepts the recommendation that the appeal should be dismissed. Accordingly, and having established that there has in fact been concluded a legal agreement to provide 8 of the proposed houses as Affordable units, he has directed that the approval of the application under article 6 of the Town and Country Planning (Development Procedure) Order 2005 should be confirmed, subject to amendment of condition (3) and the addition of a condition requiring details and samples of the roof tiles and facing stone, as recommended in paragraph 43 of the report. Formal notice of this decision is enclosed herewith.

Yours faithfully

I T Thompson

Chief Executive

Circulation List

Heritage Homes Ltd Clerk to Patrick Commissioners Mr P Halliwell, Dept of Social Care - Housing Ms F Kniveton Isle of Man Newspapers (Newsroom) Manx Electricity Authority Mr & Mrs Lalor-Smith

Mr M & Mrs J Duffy Mr T & Mrs F Barker Sarah Fox Secretary to the Planning Committee

Application No. 10/01558/B ON APPEAL

Ref: ITT/MF

The Town And Country Planning Act 1999

The Town And Country Planning (Development Procedure) Order 2005

TO:

Heritage Homes Ltd, Dandara Group Head Office, IOM Business Park, Cooil Road, Braddan, IM2 2SA

[Copies as per Circulation List]

In pursuance of his powers under the above Act and Order, the MINISTER for Infrastructure, following report by the appointed person, does hereby APPROVE the application by Heritage Homes Ltd Erection of 31 dwellings with associated highway and drainage infrastructure, public open space and landscaping - Field 334281 and adjoining land, Springfield Terrace, Foxdale subject to compliance with the following conditions:

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

1. This approval relates to the erection of 31 dwellings with associated highway and drainage infrastructure, public open space and landscaping, Field 334281 and adjoining land, Springfield Terrace, Foxdale, Patrick as shown by 2392.01.01 (Site Plan), 2392.02.01 (Location Plan), 2392.01.02 (Landscaping), 2392.03.03 (ASH2), 2392.3.04 (Mannin), 2392.3.05 (ASH3), 2392.3.06 (Haven), 2392.3.07 (MAPLE 2010), 2392.03.08 (Street Elevations), 2392.3.09 (Oak Special), 2392.3.10 (Aspen), 2392.3.11 (Lindale), 2392. ADR_500 (Drainage), Supporting Information, 10-275-001F (Transport), 14955-01 (Geo Report) and 14955-02 (Geo Report) all received 21 October 2010.

1. All building and engineering operations must be undertaken in accordance with the recommendations in the Supplementary Method Statement in respect of contamination, submitted as Appendix 5 to the applicant's appeal statement.

1. No dwelling authorised by this permission may be occupied unless and until the access road between that dwelling and the existing highway, including footways and turning heads has been laid out in accordance with the submitted plans and constructed to at least base course level.

1. All planting, seeding and turfing shown by the submitted plans must be carried out within 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.
2. Prior to the commencement of any building operations, there must be submitted to and approved by the Planning Authority details and samples of the proposed roof tiles and facing stone. The operations must be undertaken in accordance with the approved details and samples.

Date of issue: 24 August 2011

By Order of the Minister

I T Thompson Chief Executive

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, byelaw, order or regulation.

Note 2: A copy of the report of the appointed person is appended hereto.