DEC Decision Notice

Ellis Brown 12 Strathallan Crescent Queens Promenade Douglas IM2 4NR

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Ravenhill Resources Ltd, Ref 20/00787/B, for the Full approval for three dwellings on plots 2,4 and 6 with drainage, access and landscaping and Approval in principle for two dwellings on plots 1 and 3 addressing siting, landscaping drainage and means of access. at Field 314758 Main Road St Johns 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 either before the expiration of four years from the date of this approval, in relation to plots 2, 4 and 6 or before the expiration of two years from the date of approval of the last of the reserved matters, in relation to plots 1 and 3.

Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019

• 2. Application for approval of all of the reserved matters in relation to plots 1 and 3 shall be submitted to and approved in writing by the Department before any development is commenced and before the expiration of two years from the date of this approval. The reserved matters shall include details of the internal layout, design and external appearance of plots 1 and 3, and thereafter shall only be carried out in accordance with the details as approved.

Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019

• 3. The development works hereby approved, including any clearance or preparatory work shall be undertaken in accordance with the submitted 'Written Scheme of Investigation for Archaeological Evaluation' prepared by Wardell Armstrong dated February 2021.

Reason: To ensure that archaeological remains and features are adequately recorded and protected and the works are suitably supervised by a qualified archaeologist.

• 4. Prior to commencement of any works relating to the drainage within the lane hereby approved, an Arboricultural Method Statement shall be submitted and approved in writing by the Department providing details of the following:

• a) Technical details of how the proposed protection measures will be implemented along the lane
• b) A method statement for the installation of the foul drainage connection along the lane
• c) An Arboricultural Monitoring Programme (AMP) providing a schedule of a monitoring and reporting programme of on-site supervision and checks of compliance on all arboricultural matters relating to the installation of drainage within the lane. The AMP shall include as a minimum who shall conduct such monitoring and supervision, and a written and photographic record shall be submitted to the Department at scheduled intervals in accordance with the approved AMP.

Reason: To ensure that retained trees along the lane are adequately protected during the construction process, in the interests of preserving these existing landscape features and the amenity they provide to the area.

• 5. The tree protection measures shall be fully installed, implemented and monitored as described in the Tree Protection Plan (drawing number 0725/PL104 Rev A) and the approved Arboricultural Method Statement required by condition 4.

Reason: to ensure that the agreed tree protection measures are properly implemented, in the interests of preserving the amenity retained trees provide to the area.

• 6. Prior to the occupation of any approved dwelling a tree planting plan shall be submitted to and agreed in writing by the Department. Where applicable the plan shall adhere to the recommendations of BS8545:2014 (Trees: from nursery to independence in the landscape - recommendations) and in all cases shall include details of the exact location, species, nursery specification and planting specification of each tree (or group of trees) to be planted and the approximate date when they are to be planted. The tree planting shall take place as agreed and any trees which, within a period of 5 years from their first planting, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation.

Reason: to ensure that the agreed tree protection measures are properly implemented, in the interests of preserving the amenity retained trees provide to the area.

• 7. Prior to the occupation of any dwelling hereby approved, the waste bin collection point as shown on drawing 0725/PL103 Revision H must be provided and shall be retained thereafter. Reason: to ensure suitable amenity for refuse collection.
• 8. Prior to the occupation of any dwelling hereby approved a Lighting Design Strategy for Biodiversity shall first be submitted to and approved in writing by the Department. The strategy shall as a minimum include reference to Appendix VII of the Preliminary Ecological Appraisal report dated March 2020.

All external lighting shall be installed in accordance with the specifications and locations set out in the approved strategy, and no other external lighting shall be installed without prior consent from the Department.

Reason: In the interests of protecting and enhancing the biodiversity of the environment.

• 9. The development hereby approved including preparatory and clearance works shall be carried out in accordance with the recommendations and requirements of the Preliminary Ecological Appraisal report dated March 2020 specifically the Reasonable Avoidance Measures identified in Sections 6.7, 6.8, 6.11 to 6.16, and the management prescriptions detailed in Section 6.25. The identified avoidance measures and mitigation shall be adhered to, implemented in full and maintained thereafter.

Reason: To provide adequate safeguards for the statutorily protected and ecological species existing on the site and to ensure no spread of non-native plant species

• 10. No development or site works relating to the construction of the dwellings, turning head, internal access road and/or any other associated works except those drainage works along the lane shall be commenced until the temporary construction access as shown on drawing 0725/PL103 Rev H has been constructed and carried out in full accordance with the approved details. The lane for the drainage works shall not be used by any other construction traffic. Reason: To ensure appropriate construction access is provided.
• 11. In the event that the construction access is no longer required or following 18 months of the access first coming in to use, whichever is the earliest, the temporary access shall be removed and the land restored in accordance with the remediation details approved on drawing number 0725/PL103 Rev H. The remediation shall be carried out within 3 months of the day of last use of the access.

Reason: To ensure that any construction access is provided without compromise to the free flow of traffic or highway safety. It has also been approved on a temporary basis only as set out in the application and its proper removal will ensure the open space, proposed Conservation Area and ecology are appropriately protected.

• 12. The visibility splays of the temporary construction access hereby approved shall be maintained for the duration of its approved use with no obstruction greater than 1.05 metres above adjoining road level. Reason: in the interest of highway safety.
• 13. For the avoidance of doubt there shall only be one temporary construction access installed on field 312711 at any one time.

Reason: to avoid the culmination of temporary construction accesses in the interest of visual amenity.

• 14. Prior to the commencement of any works on site details of fencing and measures to restrict the movement of construction vehicles relating to the approved development through the Balladoyne Estate shall be submitted to and approved in writing by the Department and thereafter the development shall only be carried out in accordance with those details as approved and retained for the full duration of the construction works.

Reason: there shall be no construction access via Balladoyne estate in the interest of highway safety and neighbouring amenity.

• 15. Prior to the first occupation of any dwelling hereby approved the permanent access and turning head shown on drawing 0725/PL103 Rev H must be provided in full accordance with the approved details and retained as such thereafter. Reason: to ensure suitable permanent access in the interest of highway safety and amenity.
• 16. Prior to the first occupation of any dwelling the driveway parking, access and turning areas associated with that dwelling shall be provided in full accordance with Drawing 0725 PL103 Rev H and maintained free from obstruction at all times. Reason: to ensure suitable off road parking is provided for each dwelling.
• 17. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2012 or any order amending, revoking or re-enacting that Order no street lighting or lamp standards shall be erected under the terms of Class 12 of Schedule 1, unless in accordance with the Lighting Design Strategy for Biodiversity as approved under Condition 8. Reason: In the interests of protecting and enhancing the biodiversity of the environment.
• 18. Prior to commencement of any works relating to the temporary construction access technical details of how the proposed tree root protection system will be implemented and installed shall be submitted and approved in writing by the Department and shall include information of monitoring and evidence of its completion.

Reason: To ensure that retained trees along the temporary construction access are adequately protected during the construction process, in the interests of preserving these existing landscape features and the amenity they provide to the area.

This approval relates to the following information and drawing numbers:

• o 0725/PL002 Rev A, 0725/PL004 Rev A, 0725/PL006 Rev A, Wardell Armstrong Written Scheme of Investigation for Archaeological Evaluation, covering letter and BS 8545:2014 Planting Specification all date received 17th March 2021.
• o 0725/PL103 Rev H and 0725/PL104 Rev A both date received 20th April 2021
• o 0725/PL104 Rev A, Geoquest Associates Report and Preliminary Ecological Appraisal all date stamped and received 22nd July 2020.

NOTE The application is reminded of their separate obligations under Wildlife Act 1990 and Highways Act 1986 to not cause harm to protected species or highway safety, along with the need to contact Department of Infrastructure as to S4 and s109(A) Highway Agreements.

This decision has been made for the following reasons(s) Subject to suitably worded conditions the application is considered to satisfy highway, archaeological and ecological matters of the site and to have an acceptable amenity impact

• on the residents of Balladoyne by restricting construction access via the estate road.

Date of Issue: 16th July 2021

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 £295); and
•  if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £110). Where the appeal is submitted by the applicant they must:
•  specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and
•  Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

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.