DEC Decision Notice

Haven Homes Limited The Old Chapel 32-34 Malew Street Castletown IM9 1AF

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 Haven Homes Limited, Ref 21/00912/B, for the Erection of Industrial Unit for general industrial/light industrial/storage/distribution with associated parking (amendment to approved under PA 21/00294/B) at Unit 04 (Block B) Former Bulk Gas Storage Installation Balthane Industrial Estate Ballasalla IM9 2AG.

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. Prior to the occupation of the development, the hard and soft landscaping works detailed on drawings referenced 1273-009.05 RevB and 1273-009.06 RevC shall be carried out in accordance with the approved works. Any trees or plants which within a period of five years from the date of planting die are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of species and size first approved in writing by the Department. All hard landscaping shall be permanently retained. Reason: To ensure the provision of appropriate landscape setting for the development.
• 3. The development hereby approved shall not be occupied or operated until the vehicle parking and turning areas have been provided in accordance with approved plans and the parking and turning areas shall thereafter be kept available for the parking and turning of vehicles associated with the development. Reason: In the interests of highway safety.

• 4. There shall be no obstruction to visibility splays higher than 1.05m above adjoining road level forward of a line drawn 2m back from the nearside carriageway edge at the centreline of the access extending 36m in each direction. Such visibility splays shall be provided before the construction of the buildings hereby approved is commenced and shall be permanently maintained free of obstruction thereafter. Reason: In the interests of highway safety.
• 5. The development hereby approved shall not be occupied or operated until the Primary Drainage Scheme has been provided in accordance with the approved plans (Drawing No. 19-110/710) and shall be permanently retained thereafter and solely for the purpose of surface water drainage. Reason: To ensure that there are no adverse impacts on the Ronaldsburn watercourse.

This approval relates to drawings referenced; 1273-009.11 RevA

• 1273-009.04 RevA Received 03.08.21

• 1273-009.00 RevB
• 1273-009.01 RevB
• 1273-009.02 RevB
• 1273-009.03 RevB

• 1273-009.05 RevB
• 1273-009.06 RevC Received 03.04.23

19-110 710 Received 01.05.23

This decision has been made for the following reasons(s) The proposed development is considered to be minor in nature and such that the character and appearance of the immediate locality would not be materially affected, whilst improving biodiversity within the site through the introduction of additional soft landscaping. The proposals are therefore considered to be compliant with Spatial Policy 3, Strategic Policy 5 and General Policy 2 of the Strategic Plan (2016).

Date of Issue: 9th May 2023

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 £335); 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 £125). 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 (should one have been received) 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.