DEC Decision Notice

Kay Associates Southgate House 89 Circular Road Douglas IM1 1AX

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 Dennis Rodgers, Ref 18/01331/B, for the Demolition of existing buildings and erection of building incorporating dining and support facilities for a restaurant/bar at ground floor level, and 6 apartments on the floors above (in connection with RB application 18/01332/CON) at 25-26 North Quay Douglas Isle Of Man IM1 4LE 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 customers shall remain within the bar/restaurant hereby approved outside the hours of 08:00 and 23:00 (Monday to Saturday) and 09:00 - 15:00 (Sundays). Reason: In the interests of local amenity.
3. The development hereby approved shall not be occupied until bicycle and bin stores have been provided in accordance with details which have first been approved in writing by the Department and the stores shall be retained as such thereafter. Reason: To ensure that these facilities are provided
4. The development hereby approved shall not be occupied until the Flood Mitigation Measures as set out in paragraphs 6.3.1 - 6.3.4 of the Design Statement (date stamped as having been received 21.12.18) are in-place and they shall be retained as such thereafter. Reason: To ensure that flood mitigation and resilience measures are implemented.
5. Prior to any works taking place, including internal works to any of the existing buildings on site, bat surveys shall be undertaken by an agreed expert to establish the presence or absence of bats in the internal roof space. Details of the proposed survey, expert, appropriate mitigation measures and contingency plans should be submitted to and agreed in writing by the Department and shall only be undertaken in accordance with the approved scheme. The scheme shall contain amongst other things:

o the results of a bat survey which has been undertaken by licensed bat workers;
o suitable protection and/or mitigation measures for any bats identified by the survey;
o measures to ensure that a licensed bat worker is onsite during any works relating to the removal or alteration of roof, chimneys and walls in order to check for bats which may not have been picked up during the survey; and
o measures to be undertaken in the event that a bat is found by the bat-worker on site.

Should bats be found, the appropriate mitigation measures and contingency plans shall be implemented in accordance with the approved details.

Reason: To ensure that the development does not impact on protected species in accordance with the Wildlife Act 1990 and Environment Policy 4 of the Strategic Plan (2016).

6. Before the commencement of works, details shall be submitted to and approved in writing by the Department setting out the method of construction and ensuring the safety and stability of the adjacent registered building. Such details to include structural engineering drawings and/or a method statement. The work shall be carried out fully in accordance with the method statement approved.

Reason: In order to ensure that the character and appearance of the building as a building of special architectural or historic interest is retained in accordance with Policies, EP32, EP33 and EP34 of The Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of The Isle Of Man.

7. No development shall commence until a scope for a 'building recording survey' to Level 2 has been submitted to and approved in writing by the Department. The subsequent survey work shall be undertaken in accordance with the agreed scope and fully implemented and a copy made available to the Department prior to development commencing. For the avoidance of doubt the recording shall be undertaken in accordance with Historic England's Understanding Historic Buildings: A guide to good recording practice

(2016).

8. The development hereby approved shall not commence until a schedule of works has been submitted to and approved in writing by the Department. The development shall take place in accordance with the approved schedule. The schedule shall include details of how and when the works approved under planning approval 18/01333/RB and Registered Building Consent 18/01334/CON shall be carried out.

Reason: The development hereby approved includes the demolition of a building within a Conservation Area which is being approved on an exceptional basis on the grounds that the development represents enabling works to facilitate the renovation and conversion of the adjacent Registered Building (Nos.27-28).

9. The apartments hereby approved shall not be occupied until the development approved under planning approval 18/01333/RB and Registered Building Consent 18/01334/CON has been implemented and completed.

This approval relates to the following plans/drawings/information (all date stamped as having been received 21.12.18):

o Drawing Number P-10-10 entitled, 'Existing Floor Plans, Cross - Section, Site Plan and Site Location Plan'
o Drawing Number P-10-11 entitled, 'Proposed Floor Plans and Roof Plan'
o Drawing Number P-12-01 entitled, 'Existing Street Elevations'
o Drawing Number P-12-02 entitled, 'Proposed Street Elevations'
o Drawing Number P-12-03 entitled, 'Proposed Elevations, North Quay Sketches and Cross Section'
o Drawing Number P-12-04 entitled, 'Proposed Site Plans and North Quay Photomontage'
o Document entitled, "Design Statement for Demolition of Existing Mixed-Use Retail and Residential Properties and Erection of Replacement Buildings incorporating Restaurant / Bar at Ground Floor Level & 6 No. Apartments at First Floor Level & Above at No.25-26 North Quay, Douglas, Isle of Man, IM4 1HT for Mr. Dennis Rogers" and produced by Kay Associated Limited

Date of Issue: 11th March 2019

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.

https://www.gov.im/planningapplication/services/planning/search.iom 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 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/

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.

PleasenotethatifthecountercopyoftheapplicationisnotcollectedwithinTHIRTY DAYS following the last date on which a planning appeal can be made it will be destroyedwithoutfurthernotice.

DEC Decision Notice

Source & Provenance