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)(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 Mr Mark Ellison, Ref 17/01308/A, for the Approval in principle for the construction of 24 apartments at Warehouse & Premises Millmount Douglas Isle Of Man IM2 1HD.

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 or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.

• 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
• 3. Approval of the details of siting, design, access, external appearance of the building[s], internal layout, and landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.

Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.

• 4. No development shall commence until a bat survey has been submitted to and approved in writing by the Department. The bat survey shall identify impacts on bat species together with mitigation, where appropriate, including a timetable for its implementation. The development shall not be carried out unless in accordance with the approved details. Reason: To provide adequate safeguards for the bats.

• 5. Any detailed reserved matters application/s which includes full details of the siting, design, access, external appearance of the building[s] and internal layout shall include a full Flood Risk Assessment. Reason: To ensure there is no flood risk to the occupants of the site or other sites.
• 6. No development shall commence until an ecological survey of the site has been submitted to and approved in writing by the Department. The ecological survey shall identify whether there is Japanese Knotweed within the site or not, and if so measures to mitigate the spread of the Japanese Knotweed should be included, including a timetable for the works. The development shall not be carried out unless in accordance with the approved details.

Reason: To provide adequate safeguards are in place to ensure Japanese Knotweed is not spread.

This approval relates to the submitted documents Design & Access Statement and Flood Risk Statement both date stamped as received 20th December 2017, drawing reference numbers 17/2630/01 A date stamped as received 16th February 2018 and 17/2630/03 A date stamped 11th June 2018. Along with the replacement application form date stamped 21st February 2019.

Please note NO approval is hereby given to the to the submitted documents Traffic Statements, Road Safety Audit & Response to Road Safety Audits and drawings reference numbers 16/2630/10A and 16/2630/11A, 17/2630/20 received on 20th December 2017 and 11th June 2018 as all these documents/plans deal with access arrangements to the site which were subsequently removed for consideration under this application.

NOTE The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 18th March 2019. The issue of the decision notice has been triggered by the Section 13 agreement having been concluded. The 21 days for appeal (for those with Interested Person Status) runs from the date of the decision notice.

Date of Issue: 8th September 2020

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 £285); and
• • election to have the appeal conducted by means of an inquiry(a hearing) or by means of written representation.

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.