DEC Decision Notice

Mr Jeremy Reece Sea Terminal Building Douglas IM1 2RF

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 Jeremy Reece, Ref 22/00909/B, for the Installation tubular mono-pile into the seabed with associated footbridge access from the pier at King Edward Viii Pier Douglas Harbour Douglas Isle Of Man .

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. Should at any point works required to carry out the development hereby approved be undertaken by vessels travelling from outside of Manx territorial waters, a Marine Biosecurity Plan must be produced and submitted for approval by the Department of Infrastructure prior to the arrival of such vessels within Manx territorial waters and works commencing. The details contained therein of the Marine Biosecurity Plan shall be followed and implemented in full.

Reason: In order to safeguard the Island's biodiversity and prevent the importation of invasive non-native species which may be attached to vessels being transferred to the Island. This condition would not apply to the use of Manx based and operated vessels due to their lower risk.

• 3. Should the timing and methodology of the proposed works deviate from those previously consulted on by the Department of Environment, Food and Agriculture (DEFA), the applicant shall inform DEFA as soon as practical, and seek reconfirmation from DEFA that identified environmental-impact considerations are the same as those originally advised.

Reason: In the interests of proper planning and to ensure biodiversity assets are duly safeguarded.

This approval relates to drawings referenced; DOU-RHD-B5-OP-DR-C-1500 P01, DOU-RHDB5-OP-DR-C-1501P01 & DOU-RHD-B5-OP-DR-C-1503 P01, all received on 20.07.22.

This decision has been made for the following reasons(s) The proposed development is acceptable in principle and a key part of the Government's objective to upgrade Douglas Harbour to accommodate larger vessels, which in turn has the potential to significantly boost the Island's tourism and economic development, without detriment to the visual amenities of the locality or giving rise to substantive ecological concerns. The development is therefore in compliance with Spatial Policies 1 and 6, General Policy 2, Environment Policy 42 and Transport Policy 13 of the Strategic Plan (2016), together with meeting one of the key objectives of the Area Plan for the East (2020).

Date of Issue: 3rd October 2022

Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner in accordance with the authority delegated to them.

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 £305); 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 £115). 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.