Minister Approval Decision Notice

The Town And Country Planning Act 1999

The Town And Country Planning (Development Procedure) Order 2005

TO: McGarrigle & Jackson 19 Mount Havelock Douglas IM1 2QG

[Copies as per Circulation List]

In pursuance of his powers under the above Act and Order, the MINISTER for Local Government and the Environment, following report by the appointed person, does hereby APPROVE the application by Turvey Homes Ltd for the erection of six dwellings on the site of a former nursery, Lower Dukes Road, Douglas, 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 permission relates to the erection of 6 dwellings as shown in drawing numbers P07 Rev A, P11 Rev A, P12, P13, P14, P15, P16 and P17 date stamped 16 November 2007; Tree Survey and letter from Department of Agriculture, Fisheries and Forestry date stamped 31 July 2007 and; Planning Statement from McGarrigle and Jackson date stamped 31 July 2007.

1. No development shall take place until details and samples of the external facing, roofing and paving materials have been submitted to and agreed in writing by the Planning Authority and the development shall be carried out in accordance with the agreed details.

1. No development or other operation on site shall be commenced until measures, which shall first have been agreed in writing by the Planning Authority, have been taken to safeguard against damage or injury to existing trees on the site (other than those whose removal has been agreed), or trees whose root structure may extend into the site. In particular no excavations, site works, trenches or channels shall be cut or pipes or services laid or any other works carried out that would cause damage or injury to the trees by interference with their root structure and no soil or waste shall be deposited on the land in such a position as to be likely to cause damage or injury to the trees.

1. No existing tree or shrub indicated on the approved plans to be retained shall be cut down, grubbed out, topped, lopped or uprooted without the written consent of the Planning Authority. Any such tree removed without such consent or dying, becoming seriously damaged or diseased within a period of 5 years from the completion of the development shall be replaced in the next planting season with another of similar size and species, unless the planning authority gives written consent to any variation.

1. No development shall take place until full details of both hard and soft landscaping works have been submitted to and agreed in writing by the Planning Authority and these works shall be carried out as approved. Details of hard landscaping shall include boundary treatment, including the design and colour of the entrance gates, footpaths and hard surfacing materials. The hard landscape works shall be completed within 3 months of the first occupation of the dwellings hereby permitted and all planting shall be carried out in accordance with the approved details in the first planting and seeding seasons following that first occupation. Any tree or shrub, which within a period of 5

Application No. PA07/1432/B - ON APPEAL

Ref: KAK/AJC

years from the completion of the development, dies, is removed or becomes seriously damaged or diseased, shall be replaced in the next planting season with another of similar size and species, unless the planning authority gives written consent to any variation.

1. No dwelling hereby permitted shall be occupied until the vehicular and pedestrian means of access have been constructed in accordance with the approved plans. Those means of access shall thereafter be kept available at all times for their respective purpose.

1. No dwelling hereby permitted shall be occupied until the garages and manoeuvring areas have been provided in accordance with the approved plans, and those areas shall thereafter be kept available at all times for their respective purpose.

Notes

1. The Applicants are advised that there are underground cables/overhead lines present in the area of the site. They should contact the operations and Maintenance Department, Network Services, Manx Electricity Authority (Tel. 687687) to discuss working practices around cables and overhead lines which may need to be diverted before work can be carried out.

1. The Applicants are also advised to contact the Manx Electricity Authority for Electrical Site Safety 5 documents (Tel. 687766) before any work is carried out on site. All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 and GS6.

1. The Applicants’ attention is drawn to the advice of the Borough of Douglas Drainage Department.

1. For water connections that comprise more than a single connection to a water main or service, or where water mains and hydrants will be required, the Applicants should contact the Isle of Man Water Authority Planning and Projects Section, (Tel. 695958).

1. The Applicants are advised to consult the Fire Safety Department to discuss fire safety issues.

Dated this 2nd day of July 2008

Murray House, Mount Havelock, Douglas, Isle of Man.

By Order of the Minister

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.