DEC Decision Notice Corrected

Thomson Hunter Architects Ltd 21 Portland Road Kilmarnock Scotland KA1 2BT

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 South Quay Commercial Limited, Ref 18/01342/B, for the Demolition of industrial units situated at 31-39 and erection of 38 flats at 31-39 South Quay South Quay Douglas Isle Of Man IM1 5AX and 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. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

• 3. No apartment shall be occupied at any time unless it has been allocated at least one of the parking spaces within the lower ground floor car park as shown on drawing 18.0160.05B and the relevant parking space (or spaces) is available for the parking of private motor vehicles(s). Reason: To provide adequate off-street parking for each apartment
• 4. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting (including tree planting) showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the apartments, whichever is the sooner. Any trees or plants which die or

become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths, railing and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted.

Reason: To ensure the provision of an appropriate landscape setting to the development.

• 5. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
• 6. Prior to the commencement of the development a detailed plan showing the position and design of 38 Cycle Parking Spaces within the site is required to be submitted to and approved by the Department, and this approved scheme is required to be provided in accordance with the approved plans prior to the occupation of any unit and retained thereafter. Reason: To ensure that sufficient Cycle Parking provision is provided.
• 7. Prior to the occupation of the development hereby approved, the bin stores shall each be completed as shown on plan 18.160.05B and shall be permanently retained thereafter and solely for the purpose of refuse storage.

Reason: In the interests of the appearance of the development and of the amenities of the area and to ensure adequate bin provision within the site.

• 8. No development shall commence on site until detailing of demountable flood defences or similar have been submitted to, and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: To ensure that there is adequate flood protection of the site.
• 9. The ground floor finished floor levels of each apartment shall be 6.27 AD02 and shall not result in the raising of the ground floor finished floor levels greater than as shown on the submitted plan 18.160.10B.

Reason: In the interests of flood prevention to the ground floor residential apartments as this level would be above the 200 - year (2115) flood level with a sufficient freeboard for residential freeboard; while also ensuring the ground floor finished floor levels and the front elevation of the building are not raised more than shown in the submitted plans in the interest of the visual amenities of the street scene.

This approval relates to the submitted documents and drawings reference numbers 18.160.01A, 18.160.02A, 18.160.03 and 18.160.11A all date stamped as received 22/7/19 18.160.04C and 18.160.05C, both date stamped as received 2/10/19 18.160.06B, 18.160.07A and 18.160.10B all date stamped as received 5/9/19 18.160.12 date stamped as received 23/9/19 18.160.15 date stamped as received 10/10/19 Planning Design Statement REV B date stamped 22/8/19; and the Flood Risk Statement prepard by Kaya Consulting Limited dated 13/9/2019.

NOTE The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 28th October 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: 22nd January 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.

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.

www.gov.im/Viewapplications 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 current Fees Order; 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 www.gov.im/planningappeal

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.