Decision Notice

Stephen Halsall Environment & Regeneration Department Town Hall Ridgeway Street Douglas IM99 1AD

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 Douglas Borough Council, Ref 17/01178/B, for the Conversion of existing nursery garden to public recreation space/adventure playground including installation of shipping container, log cabin, car parking and boundary security fencing at Proposed Adventure Playground And Extension Of Public Open Space Ballaughton Nurseries Douglas Isle Of Man subject to compliance with the following condition(s) and notes (if any):

• 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 occupation of the development, visibility splays of at least 2.4m x 17m in both directions must be provided at the car park entrance as shown on drawing no. E&R.17.007.1002 issue C, and retained as such thereafter with nothing above 1m in height within the visibility splay areas. Reason: to provide adequate highway visibility in the interest of highway safety.
• 3. The adventure playground shall not operate on a Saturday or Sunday and shall not operate outside the following times on any other day:

• - 16:15 to 18:00 (during school term time); and
• - 10:00 to 16:15 (during school holidays).

Reason: For the avoidance of doubt and to accord with the details submitted with the application.

• 4. Prior to the commencement of works on the car park and in addition to the details required under condition 5, a scheme for the protection of the retained trees, with particular regard to the adjacent sycamore tree, in accordance with BS 5837:2012, including a tree protection plan(s) (TPP) and an arboricultural method statement (AMS) shall be submitted to and approved in writing by the Department.

Specific issues to be dealt with in the TPP and AMS:

• a) Location and installation of services/ utilities/ drainage.
• b) Details of construction of car park surface within the RPA or that which may impact on the retained trees, including details of any no-dig specification and extent of the areas of the car park to be constructed using a no-dig specification.
• c) Detailed levels and cross-sections to show that the raised levels of surfacing, where the installation of no-dig surfacing within Root Protection Areas is proposed.
• d) A specification for protective fencing to safeguard trees during the works and a plan indicating the alignment of the protective fencing.

The development thereafter shall be implemented in strict accordance with the approved details.

Reason: Required prior to the commencement of works on the car park to satisfy the Department that the adjacent tree will not be damaged during the works and to protect the appearance and character of the site and locality.

• 5. Prior to the commencement of works on the car park, details of the proposed surface and car park layout, as shown in drawing no. E&R.17.007.1002 issue C, shall be submitted to and approved in writing by the Department. The car park shall be provided in accordance with the approved details and made available for use prior to the first use of the adventure playground hereby permitted and shall be retained for use at all times thereafter.

Reason: To maximise the use of the car park so there is adequate parking to serve the development.

• 6. The buildings and storage container hereby approved shall not be used other than for sport and leisure purposes in connection with the adventure playground. Should they no longer be required for the above purposes they shall be removed within two months of that time and the land restored in accordance with a scheme to be submitted to and approved in writing by the Department.

Reason: In the interest of residential amenities, parking provision, as the application has been judged on the grounds that the buildings will only be used in connection with the adventure playground and for no other purpose and they are only required for the use proposed.

This approval relates to the submitted documents and drawings reference numbers E&R.17.007.1002 C, E&R.17.007.2001 B, E&R.17.007.1001 B, E&R.17.007.1003 A, and E&R.17.007.1004 A, received on 10th November 2017 and 28th June 2018.

Date of Issue: 15th October 2018

Director of Planning and Building Control

Guidance Note

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

All correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.

https://www.gov.im/planningapplication/services/planning/search.iom This decision refers only to that applied for under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

•  Payment of a planning appeal fee as prescribed in the Town and Country Planning (Application and Appeal Fees) (No2) Order 2016 (currently £175);
•  The reasons for making the appeal; and
•  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

PleasenotethatifthecountercopyoftheapplicationisnotcollectedwithinTHIRTY DAYS following the last date on which a planning appeal can be made it will be destroyedwithoutfurthernotice.