Appeal Decision Notice 08/1260/B

The Town And Country Planning Act 1999

The Town And Country Planning (Development Procedure) Order 2005

TO: Mr. G. Karran, Advocate, c/o Hartford Homes Ltd Middle River Douglas Isle of Man IM2 1AL [Copies as per Circulation List]

In pursuance of his powers under the above Act and Order, the MINISTER for Local Government and the Environment, following report by the appointed person, does hereby APPROVE the application by Shoprite (Isle of Man) Limited for alterations, erection of extensions to store and amended parking arrangements at Shoprite, Derby Road, Peel, subject to compliance with the following conditions:-

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. Subject to the other conditions of this notice, this approval relates to the alterations, erection of extensions and alterations to the parking layout of Shoprite, Derby Road, Peel as shown by the plans and information 1330/0501A, 1330/05-04A, 1330/05-11B, 1330/05-12, 1330/05-14, 0802D-01, Design and Access Statement and Completed Checklist submitted and date stamped 27th July 2008, 1330/05-05C submitted and date stamped 2nd October 2008 and Retail Study for Shoprite submitted and date stamped 12th November 2008.
3. The external finishes of the extension must match those of the existing building in all respects.
4. No approval is granted for the erection of any signage which must form the basis of a separate application for Advertisement consent.
5. The pedestrian access at the south-west boundary (shown as being between parking spaces 108 and 109 on plan No. 1330/05 -05 Rev C) must be made available for use by pedestrians at all times when the store is open.
6. No development may commence until there has been approved by the Department a scheme of landscaping which includes indications of all existing trees and hedges within the site and details of any to be retained together with measures for their protection during the course of construction. This scheme shall include the retention and augmentation of the trees on the Derby Road frontage of the site, and greater landscaping of the car-park generally; this may result in the loss of some parking spaces.

Application No. 08/1260/B - ON APPEAL

Ref: KAK/AJC/MC

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. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

1. Notwithstanding the submitted layout plan, there shall be submitted for approval by the Department an amended plan of the layout of the car-park which -

• (a) accommodates the landscaping scheme referred to in condition (6) above; and
• (b) indicates a scheme of regulating parking such that spaces along the northern boundary of the site are occupied only by cars rather than vans or other high vehicles. The car-park shall be laid out and operated in accordance with the approved amended plan.

1. No delivery vehicles shall enter the site, or deliveries be undertaken, between the hours of 8.00 p.m. and 8.00 a.m.

1. The development shall not be brought into use, nor shall the use continue, unless notices are displayed at the loading bay requiring delivery drivers to turn off engines whilst deliveries are taking place.

1. The rated noise level (calculated according to BS4142:1997) from noise emitted from plant shall not exceed 40dB daytime (0700-2300) and 30dB night-time (2300-0700) as measured at the boundaries of any adjacent residential property.

Notes

(1) There are underground cables/overhead lines present in the area indicated in the planning application. The applicant is advised to contact the Network Operations Department of the Manx Electricity Authority (Tel: 687687) to discuss working practices around cables and overhead lines which may be required to be diverted before any work can be carried out on site.

(2) The applicant is advised to contact the Manx Electricity Authority to obtain Electrical Site Safety 5 documents (Tel: 687766) before any work is carried out on site. All work must be carried out with reference to Health & Safety Executive Guidance Notes HS(G)47 & GS6.

Dated this 14th day of January 2010.

By Order of the Minister

Murray House, Mount Havelock, Douglas, Isle of Man.

Chief Executive

Note 1: This permission refers only to that required under the Town and Country Planning Acts and does not include any consent or approval under any other enactment, byelaw, order or regulation.

Note 2: A copy of the report of the appointed person is appended hereto.