Appeal Decision Notice

Isle of Man Government

Heritage Homes Limited Dandara Group Head Office Isle Of Man Business Park Cooil Road Braddan IM2 2SA

Dear Sir/Madam,

ON APPEAL

Application No: 13/91289/B

Proposal: Residential development of 144 dwellings with associated highway and drainage works, public open space and landscaping, Fields 311826, 311827 and 314444 between Poortown Road and QEII High School, East of Reayrt ny Cronk, Peel

Applicant: Heritage Homes Limited Appellant: Peel Town 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) (No 2) Order 2013, I am enclosing herewith a copy of the report of the person appointed to consider this appeal.

The Minister, the Hon P A Gawne MHK, has considered the report, concurs with the appointed person's conclusions, and accepts the recommendation that the appeal should be dismissed. Accordingly, he has directed that the Planning Committee's Approval of the application under Article 6 of the Town & Country Planning (Development Procedure) (No 2) Order 2013 should be confirmed. Formal notice of this decision is attached.

Yours faithfully

N J Black Chief Executive

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

Circulation List

Department Of Education, Hamilton House, Douglas, Isle of Man, Douglas, IM1 5EZ Deputy Secretary to the Planning Committee, Planning \& Building Control Division, Murray House, Mount Havelock, Douglas Department Of Social Care - Housing, Mr P Halliwell, Social Services Division, Markwell House, Market Street, Douglas, Isle of Man Isle of Man Newspapers, Newsroom, Publishing House, Peel Road, Douglas, Isle of Man Fisheries Division, Department Of Environment Food \& Agriculture, Thie Sileau Whallian, Foxdale Road, St Johns, IM4 3AS Highway Services, Department of Infrastructure, Sea Terminal Building, Douglas Peel Town Commissioners, Clerk to the Commissioners, Town Hall, Derby Road, Peel Ms Sally Roberts, Sileau Dhoo, Main Road, Kirk Michael, IM6 1AD Mr Lawrence Sheen, Eas-Ny-Ferrishyn, Ballanass Road, Lower Foxdale, IM4 3BE Dr John Owen, 16 Close Caalg, Reayrt Ny Cronk, Peel, Isle of Man, IM5 1GS Ms C Spencer, 10 Duke Street, Peel, Isle of Man, IM5 1NG Mr Peter Leadley, Peel Commissioners, Town Hall, Derby Road, Peel Dr Barry Redfearn, 28 St Germans Place, Peel, Isle of Man, IM5 1BZ Ms Vera Walker, 28 St Germans Place, Peel, IM5 1BZ Mr Roger Bankes-Jones, Chairman of Governors At QEII High School, 6 Brookfield Terrace, Foxdale, IM4 3ED Mr Ian Davison, The Eaves, Derby Road, Peel, IM5 1HP Mr Trevor Cowin, Sea Peep, Poortown Road, Peel, IM5 1QE Mr Derek Cain, Glendown Farm, Port St Mary, IM9 5LD Mr Alan Vincent, 9 Lyndale Avenue, Peel, IM5 1JY Mr D Humphrey, Dandara Group, Head Office, Isle of Man Business Park, Cooil Road, Braddan Mr N Cushing, 16 Oak Road, Ballawattleworth, Peel, Isle of Man, IM5 1WN

The Town And Country Planning Act 1999

The Town And Country Planning (Development Procedure)

(No 2) Order 2013

Heritage Homes Limited Dandara Group Head Office Isle Of Man Business Park

Cooll Road

Braddan

IM2 2SA

In pursuance of his powers under the above Act and Order, the Minister for Infrastructure, the Hon P A Gawne MHK, does hereby in the name of and on behalf of the Department APPROVE planning application 13/91289/8 by Mr Heritage Homes Limited for Residential development of 144 dwellings with associated highway and drainage works, public open space and landscaping, Fields 311826, 311827 and 314444 between Poortown Road and QEII High School, East of Reayrt ny Cronk, Peel, subject to the following conditions:

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.

1. 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: To safeguard the appearance of the development and in the interests of the visual amenity of the locality.

1. Prior to the commencement of any development on the site, a Method Statement shall be submitted to and approved in writing by the Department of Infrastructure (Planning and Building Control Division). The statement shall include: the phasing of the provision of the public open spaces shown in drawing 2460.01.02; the phasing and siting of any construction compound and details of any fencing; details of the provision of play equipment shown in drawing 2460.01.02 and the phasing and timing of the construction of the estate road and the management of residents' and construction traffic during construction. The development shall be carried out in accordance with the approved Method Statement unless otherwise agreed in advance in writing by the Department of Infrastructure (Planning and Building Control Division).

MNKOI 0000714466

Reason: For the avoidance of doubt, in the interests of highway safety and to ensure that adequate provision of open space and play equipment is made within the development.

1. Prior to the commencement of any work on plots 26, 33, 34 and 43 or the roads or drainage associated with them, the canopy spread of the trees to the east of the site which are to be retained, must be adequately protected by the erection of stout protective fencing which must be retained for the duration of the construction and within which no material may be stored nor vehicles parked during the period of construction.

Reason: To protect the retained trees from damage during construction and in recognition of the contribution which the retained tree(s) give(s) and will continue to give to the amenity of the area.

Note: This approval relates to Drawings 2460.01.01; 2460.01.02; 2460.01.03; 2460.02.01; 2460.02.02; 2460.02.03; 2460.02.04; 2460.02.05; 2460.02.06; 2460.02.07; 2460.02.08; 2460.02.09; 2460.02.10; 2460.02.11; 2460.02.13; 2460.02.14; 2460.02.15; 2460.02.16; 2460.02.17; 2460.02.18; 2460.02.19; 2460.02.20; 2460.02.21; 2460.02.22; 2460.02.23; 2460.02.24 Rev A; 2460.02.25 Rev A and ADR_500 all date stamped as received on 31 October 2013

Date of issue: 13 November 2014

By Order of the Minister

N J Black

Chief Executive

Note 1: A copy of the report of the appointed person is appended hereto.