DEC Decision Notice

Kinrade Associates Limited Stella Maris Mountain Road Ramsey IM8 2JJ

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 Mongoose Limited, Ref 19/01344/A, for the Approval in principle for the erection of 34 industrial / commercial units addressing siting and means of access at Land Off Harcourt Drive Balthane Industrial Estate Ballasalla Isle Of Man .

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 the design, external appearance of the building[s], internal layout, 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. None of the buildings hereby approved may have more than one floor of accommodation unless it can be demonstrated that the additional parking spaces required by the Strategic Plan (Appendix Seven) in respect of the additional floor area resulting from any additional floors can be accommodated within the site.

• Reason: the parking provision is considered acceptable on the basis of the floor area of the proposed units as shown in the submitted plans and on only one floor of accommodation per building.
• 5. The application for the reserved matters must include a detailed landscaping and planting plan which demonstrates how the introduction of new trees and shrubs will result in an acceptable visual and ecological impact on the area. Planting must also be introduced to reinforce the existing planting adjacent to the A5.

Reason: appropriate landscaping can enhance the site in terms of the visual impact and effect on well being, ecology, drainage, cooling, traffic calming, the value of the development and the environment.

Note: the applicant should take into account the provisions of the Wildlife Act 1990 in terms of species of planting which are not permitted to be introduced or spread (Schedule 8).

• 6. The application for reserved matters must include details of the incorporation of bird boxes within the development including the siting and type of boxes proposed. Reason: to enhance the ecological impact of the development.
• 7. The application for the reserved matters must include the following highway information:

• i. details of all parking provision which demonstrates that a range of vehicles including those larger than standard cars, can be accommodated within the site
• ii. details of the storage of waste receptacles
• iii. vehicle tracking information relating to a box van and a refuse vehicle demonstrating that they can satisfactorily access, manoeuvre within and egress from the site and
• iv. details of the provision of secure bicycle storage.

Reason: the submitted information does not demonstrate how these matters will satisfactorily be addressed.

• 8. No other development may occur on the site in association with the development hereby approved, until the access onto the Balthane Estate Road has been improved as shown in the submitted plan 22099-02 and 22099-02-1 within the Transport Assessment and this access must be retained as such thereafter. Reason: in the interests of highway safety.

This decision relates to drawings SM19/509/5 and 03 received on 28th November, 2019, the Landscaping Statement received on 20th July, 2020 and the Transport Assessment received on 23rd July, 2020.

This decision has been made for the following reasons(s) It is considered that the information provided demonstrates that 34 industrial units could be accommodated within the site without any adverse impact on the Environment as set out in General Policy 2 of the Strategic Plan

Date of Issue: 17th August 2020

Director of Planning and Building Control

Guidance Note

This decision was made by the Director of Planning and Building Control in accordance with the authority delegated to them.

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.