Decision Notice

Department Of Infrastructure Highway Services Division Ellerslie Depot Crosby IM4 2HA

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 Department Of Infrastructure, Ref 18/00003/B, for the Re-construction and repositioning of highways and footways on Loch and Harris Promenades, including associated street furniture and the upgrading and refurbishment of all drainage and statutory service infrastructure. Works to include replacement of horse tramway double track with single track in a zone on the seaward side of the new highway alignment. at Douglas Promenade From Sea Terminal Loch Promenade And Harris Promenade 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. No development shall be commenced until a planting scheme specification to include numbers, density, size, species and positions of all new trees and shrubs along with a programme of implementation has been submitted to and approved in writing by the Department. Such planting scheme shall be carried out in accordance with the approved details. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.

Reason: In the interests of the character and appearance of the site and in the interest of maintaining highway safety.

• 3. No development shall be commenced until plans detailing the specific location, size colour and material of the street furniture (including but not exclusively benches, bins, cycle stands, street lighting) all intended for installation, have been submitted to and approved in writing by the Department. All the street furniture shall be installed in full accordance with the approved details.

Reason: In the interests of the character and appearance of the site and in the interest of maintaining highway safety.

• 4. The development hereby approved shall not be commenced until the Department has approved in writing that the Health and Safety concerns in respect of the potential for conflict between children exiting cars and the tramway have been resolved, either through enhancements or evidence within the Risk Assessment or demonstration that other design features have been considered. Any such features or developments shall be approved in writing and implemented in full before the realigned tramway is brought into use. Reason: In the interest of health and safety.
• 5. Prior to the commencement of the development hereby approved, details of the material, colour and finish of the tramway corridor, Imprinted Concrete (Carriage Way), Concrete (Tramway Corridor) and Tarmac (Bus Laybys) shall be approved in writing by the Department and the development shall be carried out in accordance with these approved details

Reason: In the interests of the character and appearance of the site and in the interest of maintaining highway safety.

• 6. Notwithstanding condition 5, the surface materials to be used shall be in accordance with the details submitted unless otherwise agreed in writing by the Planning Authority Reason: In the interests of visual amenity
• 7. A scheme for the identification and/or protection and/or recording of any archaeological artefacts during works should be submitted to and approved in writing by the Planning Authority. Reason: To ensure the proper protection or recording of items of archaeological interest.

This approval relates to the submitted documents and drawings all received on 3rd January 2018.

Date of Issue: 16th February 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 in the name of the Minister and/or in the name and on behalf of the Department.

This permission refers only to that required 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/

The proposed development must not be commenced until either;

•  The time for requesting an appeal has expired; or
•  Any appeal has been determined;

Whichever is the later.

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.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is now 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

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.