Decision Notice

Miss Sarah Corlett Ballachrink Croft Ballacorey Road Bride IM7 4AW

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 Kirindolam 3 Ltd, Ref 24/00135/B, for the Planning approval for demolition of all existing buildings on site and replacement with a building accommodating shop (Class 1.1) or food and drink floorspace (Class 1.3) on the ground floor with seven apartments (Class 3.4) and associated bin and cycle storage at 6 And 8 Bridge Road Douglas Isle Of Man IM1 5AG .

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. No works of demolition shall begin before evidence has been submitted to the Department of a binding contract for the full implementation of the comprehensive scheme of development of the site in accordance with all the necessary permissions and consents.

Reason: In order to ensure the satisfactory redevelopment of the application site prior to the existing building loss in accordance with Environment Policy 30 of Strategic Plan 2016 and that an unsightly gap or derelict site does not detract from the character and appearance of the area.

• 3. Prior to the commencement of works above damp proof course level, full details of external materials and finishes shall be submitted to the Department for approval in writing.

The development shall thereafter be undertaken strictly in accordance with the approved details.

Reason: To ensure a satisfactory external appearance of the development.

• 4. The secure cycle storage facilities and bin storage shall be implemented in full accordance with the approved drawings prior to the occupation of the development.

Reason: To ensure the development is served by sufficient cycle storage provision and refuse storage facilities.

• 5. The following flood risk mitigation measures shall be incorporated into the approved development:

• - All electrical installations to be fed through the underside of the first floor slab and plug sockets to be installed above flood level
• - All refrigeration units to be sourced with top compressors and/or otherwise to be mounted on plinths above flood level
• - The installation of a flood barrier at all external doors
• - Development shall include the use of high performance non-permeable materials below damp proof course level and at ground floor level.

Reason: To reduce the risk of flooding with respect to the approved development in accordance with Environment Policy 10 of the Strategic Plan.

• 6. Prior to the commencement of works above damp proof course level, a bat and bird mitigation plan shall be provided to the Department and approved in writing. The plan should contain details, including the type, location (including height) and number of bricks and boxes.

Reason: To ensure that appropriate ecological mitigation are incorporated into the approved scheme.

• 7. No permanent external lighting shall be installed unless a sensitive low level lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), has been submitted to the Department approved in writing. All works must then be undertaken in full accordance with this plan. Lighting should be avoided wherever possible as a priority. Reason: To avoid and mitigate ecological impacts. This approval relates to the following drawings and documents referenced;

• 23-131-01 RevB - proposed plans and elevations Received 14.11.24

Protected Species and Emergence Survey Received 28.10.24

• 23-131-02 Rev A - streetscene elevations plan
• 23-131-03 Rev A - location plan

• 23-131-04 Rev A - existing site plan
• 23-131-05 Rev A - proposed site plan Received 07.02.24

This decision has been made for the following reasons(s) The proposed development is considered to amount to a high quality design which would ensure that the character and appearance of the wider Conservation Area is successfully preserved, whilst providing a good standard of amenity for future occupants without detriment to the amenities of surrounding properties.

The proposals would further not result in a detrimental impact upon the safety and convenience of the local highway network, whilst further being deemed acceptable from a flood risk perspective. The development is therefore deemed to comply with Strategic Policies 1,2,4,5,10,11, Spatial Policy 1, General Policy 2, Environment Policies 4,5,10,22,35,42,43, Housing Policies 1-4, Transport Policies 1,4,7 and Infrastructure Policies 1,5 of the Isle of Man Strategic Plan 2016, relevant policies of the Area Plan for the East 2020 and the Residential Design Guide 2021.

Date of Issue: 16th December 2024

J CHANCE Director of Planning and Building Control

Guidance Note This decision was made by a Principal Planner 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 informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/online-applications/)

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 £355); 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 £130). 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 (should one have been received) 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.