Planning Approval Decision Notice

The Town And Country Planning Act 1999

The Town And Country Planning (Development Procedure) Order 2005

Progeny Ltd 51A Victoria Street Douglas Isle of Man IM1 2LD

In pursuance of his powers under the above Act and Order, the Minister for Infrastructure, the Hon P A Gawne MHK, does hereby in the name of and on behalf of the Department APPROVE planning application 12/01140/B by Sunset Lakes Ltd for Erection of a fishing complex with lakes, cafe, four holiday cottages, educational facility, landscaping and a maintenance area with 3 breeding tanks, 2 workshops, 3 sheds and a well/borehole - Field 314338 and part of Fields 314331 and 314329, Ballagyr Lane, Peel, Isle of Man, subject to the following conditions:

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 13 of the Town and Country Planning (Development Procedure) Order 2005 and to avoid the accumulation of unimplemented planning approvals.

1. All of the buildings and structures on the site (excluding the lakes) shall be removed and the land restored to its former condition in the event that they have been vacant for a period of two years and are no longer required for the use for which approval has been granted.

Reason: The buildings and structures are considered acceptable as an exception on the basis of the demand for a specialised tourist facility.

1. The holiday cottages hereby approved shall not be used or occupied other than for the purpose of short-let holiday accommodation and shall not be used as separate dwellings. They shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any calendar year.

Reason: To ensure that the holiday cottages are used and occupied only as short-let holiday accommodation and to prevent the creation of unjustified separate dwellings in the countryside.

1. No development shall start before a phasing scheme for the construction of the fishing complex has been submitted to and approved in writing by the Department. The scheme shall identify when the various elements of the development will be constructed and it shall

give priority to the creation of the proposed access. The development shall be implemented in accordance with the approved phasing.

Reason: To ensure that the development is completed in a logical and timely way, and in the interests of highway safety.

1. No development shall start 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 approved programme of archaeological work.

Reason: To ensure that archaeological remains and features are adequately recorded.

1. No development shall start until a landscaping scheme and a biodiversity improvement scheme have been submitted to and approved in writing by the Department. The schemes shall include details of all existing walls, fences, trees and hedges to be retained; details of all new walls, fences and other boundary treatments, finished ground levels, trees, hedges, grassed areas and hard surfaces; and a programme of implementation. All landscaping shall be carried out in accordance with the approved details and programme. Any tree or hedge which, within a period of five years from the date of planting, dies, is removed or becomes seriously damaged or diseased shall be replaced by another of the same species and size. All hard landscape works shall be permanently retained in accordance with the approved details.

Reason: To ensure the provision of an appropriate landscape setting to the development.

1. No building, structure or means of enclosure, other than those approved as part of this application, shall be constructed or placed on the land without the prior written consent of the Department.

Reason: To safeguard the open areas of the development in the interests of visual amenity.

1. There shall be no external lighting unless previously approved as part of a lighting scheme submitted to and agreed in writing by the Department.

Reason: In the interests of the character and appearance of the site and surrounding area.

1. The use of each building hereby approved shall be limited to that for which planning approval has been specifically granted and for no other purpose. The education centre shall be used solely for wildlife-related activities.

Reason: For the avoidance of doubt.

1. The hours of the operation of the café shall be limited to 05.00hrs to 21.00hrs.

Reason: In the interests of the amenity of the area.

1. Notwithstanding the provisions of Schedule 4 (Use Classes) of the Town and Country Planning (Permitted Development) Order 2012, no other goods apart from those relating to fishing may be sold or hired from the shop.

Reason: The location is not suitable for general retail sales and in order to protect the vitality and viability of existing towns and villages.

1. No material shall be removed from the site until a traffic management scheme has been submitted to and approved in writing by the Department. The scheme shall include details of the size of vehicles, the number of movements each day, the destination to which the material is to be transported or deposited, and the final date of completion.

Reason: In the interests of residential amenity, highway safety and to ensure that excavation does not become the primary land-use activity on the site.

1. No material may be brought onto the site (prior to constructing the ponds and at such time that the ponds may be in-filled and the land restored) until details of the source of the material and a traffic management scheme have been submitted to and approved in writing by the Department. The scheme shall provide details of the nature of the material, its source, the size of vehicles, the number of movements each day, and the final date of completion.

Reason: In the interests of residential amenity and highway safety, and to ensure that all material is uncontaminated and its importation does not have a significant impact on the landform.

1. During the excavation of the ponds and prior to any importation of material, further details of the final construction of the ponds and embankments, including soil analyses and cross sections at a scale of 1:20 showing all the materials to be used, shall be submitted to and approved in writing by the Department. All of the ponds shall be lined with an impermeable membrane and the embankments shall be constructed in accordance with the approved details.

Reason: In the interests of flood prevention.

1. Before development starts, schedules and samples of all materials and finishes to be used in the construction of the external surfaces of the buildings hereby approved shall be submitted to and approved in writing by the Department. The development shall be carried out in accordance with the approved schedules and samples.

Reason: In the interests of the character and appearance of the site and surrounding area.

Note: This approval relates to Drwg Nos 01, 02, 04 and 05 (all dated stamped 24 September 2013); Drwg No 03 (dated 26 November 2007); Drwg Nos 06 and 08 (both dated 26 November 2013) and Drwg Nos 07 Rev 6 and 09 (both dated 26 November 2013).

Date of issue: 18 December 2014 By Order of the Minister

N J Black Chief Executive

Note 1: A copy of the report of the appointed person is appended hereto.