DEC Decision Notice

Samson Designs Mr S T Samson The Workshop Park Road Port St Mary

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Arbory And Rushen Commissioners, Ref 20/01150/B, for the Works in connection with creation of public park including landscaping, creation of new pedestrian access, provision of parking and creation of running track. at Field 414532 And 414214 Barracks Road Port St. Mary 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 before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• 2. The development must be undertaken in accordance with the approved plans other than the internal pathways which must be a minimum of 2m wide. Reason: to ensure that the development is fully accessible by all users.
• 3. The development must be undertaken in full accordance with the biodiversity measures set out in Section 7 of the Architect's Design Statement received on 5th October, 2020.

Reason: to ensure that the development achieves the biodiversity objectives set out in the application.

• 4. 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 remainder of the development. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

• Reason: the landscaping of the site is an integral part of the scheme and must be implemented as approved.
• 5. Prior to the first use of the site as a public park there must be provided bicycle parking within the site in accordance with a scheme which has been approved by the Department and the development must be undertaken in accordance with these details. Reason: to ensure that the development is sustainable.

This decision relates to the drawings 1906/01, 1906/02A, 1906/03, 1906/04, 1906/05 and 1906/06 and the planting and equipment details provided in the supporting information, all received on 6th October, 2020.

NOTE The applicant is encouraged to discuss the future management of the site with DEFA's Ecosystems Policy Office and also the prevention of the spread of Schedule 8 species in accordance with the Wildlife Act 1990.

NOTE The applicant is encouraged to discuss with the owner of the car park, the marking out of the spaces, the provision of cycle storage and electric vehicle charging points.

This decision has been made for the following reasons(s) The proposal accords with the development brief in the Area Plan, General Policy 1 and Recreation Policies 3 and 4 of the Strategic Plan

Date of Issue: 26th November 2020

Director of Planning and Building Control

Guidance Note

This decision was made by the Head of Development Management 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
•  if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £100). Where the appeal is submitted by the applicant they must:
•  specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and
•  Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

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.