DEC Decision Notice

McGarrigle Architects Ltd 19 Mount Havelock Douglas Isle Of Man IM1 2QG

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 Langness Golf Course Ltd, Ref 18/01269/B, for the Erection of building to act as Bird Hide and Wildlife Education Centre, with associated parking and access works at Land Off Langness Road Opposite Field 433209 Langness Road Castletown Isle Of Man 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 building hereby approved may only be used as an observation and educational facility for the purposes of interpreting the Islands countryside, wildlife and heritage.

Reason: The countryside is protected from development and an exception is being made on the basis that the use is in accordance with the GP3 (h), and the building must be used for the purposes for which it is approved. Any other use would need to be considered as part of a separate planning application.

• 3. All works relating to the development hereby approved including any clearance works shall only be carried out between the periods mid-August to March (inclusive). Reason: To safeguard and protect nesting birds.
• 4. No development including any clearance works shall commence on site until full details have been first submitted to and approved in writing by the Department showing the construction method and programme of construction for the hide building and all parking areas and associated access paths and including full details as to all materials to be used and information regarding the handling or importation of any turf or other minerals or materials to the site. The details must also include construction exclusion zones and any other protection measures to be implemented on site during the carrying out of the approved development. The works shall not be carried out unless in accordance with the approved details. Reason: To ensure the satisfactory preservation of the ASSI.

• 5. No development including clearance works shall commence on site until a programme of archaeological work, to include excavations where required, has been submitted to and approved in writing by the Department. The programme shall indicate the degree of supervision by a qualified archaeologist. The development shall not be carried out unless in accordance with the programme of archaeological work so approved. Reason: To ensure that archaeological remains and features are adequately recorded.
• 6. No site works or clearance shall be commenced until the protective fences and ground protection measures detailed on drawing P02 and email from the agent dated 06/12/2018 have been erected and installed at the site, unless otherwise approved in writing by the Department. These protections measures must not be removed until the development has been completed. The protected fenced areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved works. Reason: To safeguard the protected areas of the ASSI and minimise ground disturbance.
• 7. The development hereby approved shall not be occupied or come into use until the parking and turning areas have been provided in accordance with the approved plans and method statements. Such areas shall not be used for any purpose other than the parking and turning of vehicles 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.

• 8. There must be no external lighting or illumination, unless subject to and determined as part of a separate planning application. Reason: In the interests of visual amenity and local habitats and species.
• 9. No development or clearance works shall commence until an entomological survey has been submitted to and approved in writing by the Department. The survey shall identify impacts on 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 insects.
• 10. In the event that the building is no longer required for its approved use or the approved use ceases for a period longer than 365 days, whichever is the earliest, the development hereby approved shall be removed and the land restored in accordance with a remediation scheme to be submitted to and approved in writing by the Dept.

The remediation scheme shall be submitted to the Department within 3 months of the date of the use ceasing, unless otherwise agreed in writing.

The remediation scheme shall include details of, but not limited to;

• - all works to be undertaken (building and parking and access paths),
• - timing/timetable of works,
• - proposed remediation objectives and remediation criteria,
• - removal/importation of materials,
• - protective fencing/exclusion zones,

• - site management procedures. All works shall be carried out in accordance with the approved details.

Reason: The application has been approved on an exceptional basis in line with GP3 (h) and on an area zoned as an ASSI. The subsequent removal must be in accordance with a remediation scheme to ensure that the risks to the site and surrounding land are minimised and that ecological systems and habitats are appropriately protected.

The approval relates to drawing numbers P01 and P02, 6 page Brief Planning Statement and an Ecological Impact Assessment all date stamped and received 29/11/2019, an email from the agent dated 06/12/2018 and additional information from the Ecological Impact Assessment date stamped and received 14/01/2019.

Date of Issue: 11th October 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 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 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.