DEC Decision Notice

Miss Elke Zinnecker Suite 3 Peterson House, Middle Rive Douglas IM2 1AL

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 Mr Richard Wadsworth, Ref 20/01477/B, for the Creation of 73 additional car parking spaces with tree replacement and landscaping works at Royal Court Arbory Road Castletown Isle Of Man IM9 1RA.

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. In order to mitigate the impact on birds, a variety of open fronted and entrance hole bird nest boxes must be erected on site. Plans showing the number, type and location of these nest boxes must be submitted to the Department prior any works commencing on site in association with the approved development and the development must be undertaken in accordance with these details.

Note: nesting opportunities could be incorporated into the landscape plans or be provided in a separate plan. Nest boxes should face in a north-easterly to north-westerly direction and can be located on the building or on suitable trees, but away from direct artificial lighting. The use of a few entrance hole boxes suitable for starlings is encouraged. Though swifts are not known to nest on site (swifts are reliant on our buildings for nesting and use holes in and around our roofs), we would also encourage the installation of swift nest boxes high up under the eaves on the northern elevation of the building as an enhancement for wildlife.

Reason: to enable the development to comply with Environment Policy 4 of the Strategic Plan.

• 3. All tree removal must be undertaken outside of breeding bird season (March August inclusive) unless and until a scheme demonstrating how trees will be removed

without potentially affecting nesting or breeding birds has been submitted to and approved by the Department and the development must be undertaken in accordance with these details.

Note: the advice of DEFA's Ecosystems Policy Office is recommended in respect of the above.

Reason: to enable the development to accord with Environment Policy 4 of the Strategic Plan.

• 4. 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 or the utilisation of any of the approved parking spaces, whichever is the sooner. 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.

This decision relates to drawings 2011-PL-001, 2011-PL-002, 2011-PL-3011, 2011-PL-3013, 2011-PL-3021, 2011-P-3022, 2011-P-3023, 2011-P-3024, TRE-161220, TRW-161220, TSE29920r1, TSW-29920r1 all received on 21st December, 2020 and PL467-02 received on 15th February, 2021 and 2011-PL-3010A received on 11th February, 2021

This decision has been made for the following reasons(s) The development is considered to accord with General Policy 2, Environment Policies 3 and 4 and Transport Policy 7 of the Strategic Plan.

Date of Issue: 1st April 2021

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

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 led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.

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 £285); 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 £100). 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 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.