DEC Decision Notice

Cornerstone Architects 79 Parliament Street Ramsey Isle Of Man IM8 1AQ

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 Buchanan Services Ltd, Ref 18/00977/B, for the Erection of two detached buildings (Class 3) for the consumption of food and drink on and off the premises with associated drive through, erection of a detached building to provide two commercial units (Class 1) and creation of car parking, lighting, landscaping and access. Creation of new sub-station. at Garage Showroom Workshop & Premises (Former Eurocars Site) Peel Road Douglas Isle Of Man IM1 5ED 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, turning areas, associated access and circulating lanes 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. The development shall not be occupied or operated until the bicycle hoops and motorcycling parking bays have been provided in accordance with the approved plans 010 REV B and shall be retained at all times thereafter.

Reason: To promote sustainable travel in the interests of reducing pollution and congestion.

4. The development hereby approved shall not be occupied or operated until the "footpath link" and associated access onto the former railway line as shown on drawing 010 REV B has be completed and retained thereafter. Reason: to encourage sustainable transport in accordance with the active travel strategy.

5. The development hereby approved shall not commence until full details of additionalsignage within the site as indicated in the Road Safety Audit and also that proposed by theDepartment of Infrastructure have been submitted to and approved in writing by theDepartment and these works shall be carried out as approved and retained thereafter.

Reason: to ensure efficient traffic management within the site in order to minimise adverse impact upon the highway.

6. No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged inany manner during the development phase and thereafter within 5 years from the date ofoccupation of the building for its permitted use, other than in accordance with the approvedplans and particulars. In the event that retained trees become damaged or otherwisedefective during the construction phase due to events outside of the applicant's control theDepartment shall be notified as soon as reasonably practicable and remedial action agreedand implemented.

Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

7. The development hereby approved shall not commence until an arboriculturalmethod statement , which includes adequate details of site supervision by a suitablyqualified and experienced tree specialist, has been prepared in accordance with therecommendations of British Standard BS5837:2012 (Trees in relation to Design, Demolitionand Construction -Recommendations) and agreed in writing by the Department.

Reason: To ensure that trees marked for retention are adequately protected, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

8. The arboricultural method statement approved under condition 7 above, includingsite supervision by a suitably qualified and experienced tree specialist, shall be adhered toin full.

Reason: To ensure that the development is implemented in accordance with the approved protection measures and construction methods and that professional technical advice is on hand to deal with problems that arise or modifications that become necessary and to avoid any irreversible damage to retained trees.

9. The completed schedule of site supervision and monitoring of the arboriculturalprotection measures, as approved in condition 7, shall be submitted for approval in writingby the Department in accordance with the timescale agreed in the Arboricultural MethodStatement as per Condition 7. This condition may only be fully discharged on completion ofthe development, subject to satisfactory written evidence of compliance throughcontemporaneous supervision and monitoring of the tree protection throughout constructionby a suitably qualified and pre-appointed tree specialist.

Reason: In order to ensure compliance with the tree protection and arboricultural supervision details submitted under condition 7

10. No development shall take place until a technical tree planting specification for eachof the 4 large-tree planting locations shown on drawing 010revC is submitted to and agreedin writing by the Department. This specification shall include:

a. plan and section drawings for each tree pit which account for below ground anchorage, tree pit surfacing, irrigation and aeration aids, the need for geotextiles and root barriers, and the amount and distribution of crate system units required.
b. The species, and (where applicable) cultivar of the trees to be planted and the size at date of planting, stated by a height and stem girth range
c. An approximate timeline for the installation of the tree pit and planting of the trees
d. Details of how the trees will be maintained until they successfully establish in the landscape and in compliance with Condition 15. Reason: to ensure appropriate landscaping is undertaken

11. The class 3, restaurant use (KFC unit), hereby approved, shall only be open for use by customers, between the hours of 1100hrs and 2300hrs, 7 days a week.

Reason: The application proposes the times listed and has be considered on this basis only and in the interests of the amenity of neighbouring occupants in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016.

12. The class 3, restaurant use (Starbucks unit), hereby approved, shall only be open for use by customers, between the hours of 0600hrs and 2200hrs, 7 days a week.

13. The class 1, retail unit (Unit 2), hereby approved, shall only be open for use by customers, between the hours of 0900hrs and 1800hrs, 7 days a week.

14. The development hereby approved shall not be occupied or operated until the underground flood alleviation storage tank beneath the car park and in accordance with the Planning Statement Relating to the "Planning Statement Relating to Flood Risk" and the Flood Risk-Additional Technical Information to Accompany (relating to limited discharge rate as a maximum of 26.4l/s from the attenuation storage tank into the culvert) has all been provided in accordance with the approved plans 12 and it shall be retained at all times thereafter.

Reason: To ensure adequate flood protection of adjacent sites in accordance with Environment Policy 13.

15. The development hereby approved shall not commence 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 in relation to Condition 10) 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 dwelling, 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 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.
16. The visibility splays identified on plan 013; shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level. Reason: In the interests of highway safety.
17. The development hereby approved shall not be occupied or operated until the external lighting as approve under plan 203 and document "External Lighting - dated 20th August 2018" have been completed in full accordance with these plan/document, and they shall be retained as such thereafter.

Reason: In the visual amenities of the street scene and neighbouring amenities and to comply with GP2 & EP22.

18. No development shall commence until a scheme specifying the provisions to be made for the control of noise emissions from the site has been submitted to and approved in writing by the Department. These measures shall then be implemented in full before the development is occupied and shall be permanently retained thereafter unless otherwise agreed in writing with the Department.

Reason: To reduce the impact of noise beyond the site of the application resulting from the approved development.

19. No development shall commence until a scheme specifying the provisions to be made for the control of odour emissions from the site has been submitted to and approved in writing by the Department. These measures shall then be implemented in full before the development is occupied and shall be permanently retained thereafter unless otherwise agreed in writing with the Department.

Reason: To reduce the impact of odour beyond the site of the application resulting from the approved development.

This approval relates to the submitted documents and drawings reference numbers and reports;

All date stamped as received on 14th September 2018 10, 011, 11, 12 012, 110, 120, 130, 200, 201, 203, 17TS017-02; Planning Statement Relating to Flood Risk; Planning Statement Relating to Site Drainage; Design and Access Statement; Transport Assessment - dated August 2018; Tree Survey and Report Section 1 & 2 - dated 2nd May 2018; and External Lighting - dated 20th August 2018. All date stamped as received on 14th December 2018 010 REV C, 013, 204, CS180323/3;

Transport Assessment Addendum - dated November 2018; and Flood Risk - Additional Technical Information to Accompany the 'Planning Statement Relating to Flood Risk' - dated September 2018.

Amended Application Form received on 20th December 2018 And the Transport Assessment Second Addendum - dated September 2019 and date stamped as received on 11th September 2019

Date of Issue: 5th December 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.

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.

DEC Decision Notice

Source & Provenance