Dept Decision Notice

CABINET OFFICE Government Office DOUGLAS Isle of Man IM1 3PN Direct Line (01624) 685280 Fax Number (01624) 685710 Email [email protected] CHIEF SECRETARY Will Greenhow ACMA 13th January 2015 Planning Secretary Department Of Infrastructure Planning And Building Control Murray House Mount Havelock Douglas Our Reference : DF14/0031 Dear Sir/Madam, TOWN AND COUNTRY PLANNING ACT 1999 TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) (No2) ORDER 2013 PA Ref: 14/00689/C Applicant: Department Of Infrastructure Proposal: Change of use of site from a former market garden to use for the

storage of construction materials (retrospective) Address: Ballakinnish Nurseries Ballakinnish Richmond Hill Braddan Isle Of Man I refer to the abovementioned planning application. In accordance with the Article 10(9) of the Town and Country Planning (Development Procedure) (No 2) Order 2013, I herewith give notice of the decision as follows. The application has been approved subject to the following condition(s);

In reaching its decision, the Council of Ministers determined that additional planting along the western boundary of the site must be provided in the interest of the visual amenity of the area. An additional condition has been included to reflect this requirement.

Conditions of Approval

• 1. The use hereby approved shall enure for the benefit of the Department of Infrastructure only. Reason: The development is granted only as an exception in the national interest.

• 2. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order (or any order revoking and re-enacting that Order with or without modification), the land shall not be used other than for the storage of construction materials in association with the Town Centre Regeneration projects and the Promenade Improvements and for no other purpose including use as a Waste Transfer Station. Reason:The development is granted only as an exception inthe national interest.
• 3. The use hereby permitted shall be for a limited period of 8 years from the date of this approval and thereafter the use hereby permitted shall be discontinued and the land restored to its former condition. Reason: In the interests of visual amenity.
• 4. There must be no discharge of surface or foul water to any ditch or watercourse. Reason: In the interests of the environment.
• 5. Within 30 days of the date of the decision notice, a landscaping plan must be submitted to the Planning Authority for approval. The landscaping plan must include details of tree planting (number of trees, species, size at time of planting and at maturity) to be located along the western boundary of the site.

The approved landscaping plan must be implemented within the first available planting season following the date of approval. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species.

Reason: In the interests of visual amenity.

• 6. The application hereby approved shall not be carried out except in full accordance with Drawing Nos HW/2208/11/050 and HW/2208/11/051.

In accordance with Article 10(10)(c) of the Order, please be advised that the decision of the Council of Ministers is binding and final (subject to the possibility of judicial review by petition of doleance)

Yours faithfully,

A Johnstone Planning Appeals Administrator On behalf of the Chief Secretary