Decision Notice

Hartford Ltd Mr G Li Middle River Douglas IM2 1AL

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 Jacksons (C.I.) Limited, Ref 15/01186/B, for the Development of a multi franchise car dealership consisting of two showrooms, after sales building and valeting building with associated roads, drainage and landscaping, inclusion of future development for a further showroom, after sales building and showroom extension and alterations to highway including creation of a roundabout at Field 522159 And Part Field's 522157 & 524831 Cooil Road Braddan Isle Of Man subject to compliance with the following condition(s) and notes (if any) :

• 1. The development hereby approved, that is the creation of a new access and roundabout and erection of two car showrooms and car servicing unit together with associated landscaping and car parking shall be begun before the expiration of four years from the date of this decision notice. For the avoidance of doubt no approval is hereby granted or implied to any retail sales on the site other than of motor vehicles and ancillary sales of associated goods relevant to these sales.

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 and as the Planning Authority has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration.

• 2. Prior to the commencement of any other works on site, the tree protection measures shown in drawing 03C must be implemented in full. Thereafter and for the duration of the building works the protective fencing must remain in place and the protected areas not used for any storage, vehicle parking nor any building nor excavation undertaken within them.

Reason: to protect the trees to be retained which are of amenity and nature conservation value.

• 3. Following the protection of the trees, no other work may be undertaken on site prior to the creation of the access into the site and the highway improvements as shown in drawings M1085.A.01.03PA Rev A and M1085.A.01.04.PA Rev A must be implemented. Reason: in the interests of highway safety.

• 4. No development may be implemented prior to the approval of the detailed means of disposal of surface water from the site including mitigation of increased surface water flows from the site into Middle River and the drainage must be implemented in accordance with those details. Reason: in the interests of protection of the ecology and flood management of the area.
• 5. No illumination may be implemented until such times as the lighting proposed around and affecting Tree numbered 170 has been the subject of further proposals demonstrating that the lighting will not adversely affect any nesting owls or bats in the vicinity of this area of trees and the lighting must thereafter be implemented in accordance with these details. Reason: in the interests of the Wildlife Act and Environment Policy 4 of the Strategic Plan.
• 6. Prior to the application of any external finish on Showroom 2 and the service building, samples of the proposed finish materials must be approved by the Department and thereafter implemented in accordance with those details.

Reason: to ensure that the visual impact of the development is acceptable, particularly as viewed in the landscape from the south west (Richmond Hill direction).

• 7. Prior to the occupation of any of the buildings, a scheme for the treatment of the areas which are shown for future expansion must be approved by the Department and implemented and maintained as such until such times as approved development is implemented here. Reason: to ensure the appropriate treatment of all of the site.

Note: the applicant is encouraged to liaise with DEFA Wildlife to provide an area which is ecologically beneficial at least for a temporary period.

• 8. Prior to the introduction of the trees along the south western boundary of the site, details of the species, size and maturity of the trees to be introduced together with the position and number, must be approved by the Department and implemented in accordance with these details. These trees site must be introduced at the latest, in the first planting season following the commencement of any work on site. Other than this, 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.

REASON: the landscaping of the site is an integral part of the scheme and must be implemented as approved.

• 9. No approval is hereby approved to the principle of further development on the site as shown in the submitted plans.

Reason: whilst the development of further units in association with the proposed use may be acceptable if it can be demonstrated that the proposed use is operational and viable, as the business is at this time unimplemented, the Planning Committee cannot commit to an approval of further buildings on this site which is not designated for development.

This decision relates to the following drawings:

• M1085.A.01.01.PA
• M1085.A.01.02.PA
• M1085.A.01.03.PA A (10.11.15)
• M1085.A.01.04.PA A (10.11.15)
• M1085.A.01.05.PA A (10.11.15)

• M1085.A.02.01.PA
• M1085.A.02.02.PA
• M1085.A.02.03.PA
• M1085.A.02.04.PA
• M1085.A.02.05.PA
• M1085.A.02.06.PA
• M1085.A.02.07.PA

• M1085.A.05.01.PA
• M1085.A.05.02.PA
• M1085.A.05.03.PA
• M1085.A.05.04.PA
• M1085.A.05.05.PA
• M1085.A.05.06.PA

• M1085.A.06.01.PA 01E (10.11.15) 03C (10.11.15) 04B (10.11.15)

• 10A (10.11.15)
• 11 (10.11.15) SCT4058/Figure 4.4 and M1085.A.LS2.PA all received on 27th October, 2015 unless otherwise indicated.

Date of Issue: 17th December 2015

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it in the name of the Minister and/or in the name and on behalf of the Department.

This permission refers only to that required 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 Town and Country Planning (Application and Appeal Fees) (No2) Order 2015 (currently £165);
•  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/

The proposed development must not be commenced until either;

•  The time for requesting an appeal has expired; or
•  Any appeal has been determined;

Whichever is the later.

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.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is now 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

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.