DEC Decision Notice

JTM Architecture The Basement 16 Derby Road Douglas Isle Of Man IM2 3ET

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 WDS Ltd, Ref 22/00865/B, for the Erection of 9 light industrial units with associated road infrastructure, parking and amendment to site levels and ground infill at Millmount Complex New Castletown Road Douglas Isle Of Man IM2 1HD.

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. The development hereby approved shall be undertaken in full accordance with drwg. no. JTM2170-P-08 C, in relation to the access and site layout. Reason: In the interests of highway safety.
• 3. Prior to the commencement of the development hereby permitted, a Construction Management Plan shall be submitted to the Department for approval in writing. The development shall thereafter be undertaken in strict accordance with the approved details. Reason: In the interests of highway safety.
• 4. Prior to the commencement of the development hereby permitted, and notwithstanding information already received to date, a detailed landscaping scheme and updated ecological enhancement plan shall be submitted to the Department for approval in writing. The plan should contain the following information:

• - Details, including type and location, of nesting bird boxes to be erected on the new buildings.
• - Details, including type and location, of bat boxes to be erected on the new buildings.
• - Details of the shade tolerant ground flora - including seed mix, species composition, and details of how this area is to be created and managed.
• - Details of the new tree planting, including species and timing of planting.

All hard and soft landscaping works shall be completed in full accordance with the approved details prior to the occupation of the relevant building/s i.e. dwellings, nursery/retail unit and thereafter retained. Any trees or plants indicated on the approved scheme 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 a species and size to be first approved in writing by the Department.

Reason: In the interests of the character and visual amenity of the site, and to enhance and safeguard biodiversity.

• 5. Prior to the commencement of development, a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Department, with all works to be undertaken in accordance with the approved detail. The CEMP will need to incorporate the following measures and detail:

• - A responsible eradication and/or avoidance plans for Wildlife Act 1990 Schedule 8 Japanese knotweed, montbretia and Griselinia.
• - Measures to be taken to ensure that the proposals do not result in the degradation and pollution (including light pollution) of the River Dhoo and ultimately Douglas Bay Marine Nature Reserve, either through direct impact or as a result of run-off entering the watercourse;
• - Construction exclusion areas and other measures to prevent damage to retained trees and surrounding vegetation.
• - Measures to be taken to ensure that bats are not harmed by the works - pre-demolition checks and emergence surveys of the buildings and crumbling walls, and measures to be taken should bats be found during the works.
• - Reasonable Avoidance Measures for nesting birds to ensure they are not harmed by the works - vegetation removal outside of the nesting season, or thorough checks prior to removal. Reason: To provide adequate safeguards for the ecological species existing on the site.

• 6. No permanent lighting shall be installed within the site unless a sensitive low level lighting plan, following best practise, as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8 on Bats and Artificial Lighting (12th September 2018), has been submitted to the Department and approved in writing. Reason: In the interests of biodiversity.
• 7. Prior to the commencement of the development hereby permitted, and notwithstanding the information already received, detailed information of tree protection measures, including the technical specification of fencing and signage, shall be submitted to the Department for approval in writing. The development shall thereafter be undertaken in strict accordance with the approved details. Reason: To ensure the protection of retained trees within the site.

• 8. Notwithstanding the meaning of development in Section 6 of the Town and Country Planning Act 1999 or any act revoking or re-enacting that Act, no mezzanine floor shall be constructed without a further application for planning approval being submitted and approved.

REASON: the parking provision is considered acceptable on the basis of the floor area of the proposed units as shown in the submitted plans and on only one floor of accommodation per unit.

• 9. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the units hereby approved shall only be used for General industrial (Class 2.3) and/or Storage/distribution (Class 2.4) and for no other purpose at any time.

REASON: The Department 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.

• 10. 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.
• 11. No items of machinery or any equipment or other goods shall be kept outside of any buildings and all activities shall be undertaken within the buildings unless otherwise agreed in writing by the Planning Authority. REASON: To protect the neighbouring amenity and parking areas
• 12. The buildings shall be used only from Monday to Saturdays inclusive and no business shall be carried out therein on Sundays or Bank Holidays unless otherwise agreed in writing with the Planning Authority. REASON; To safeguard the character of the area
• 13. The development shall be implemented strictly in accordance with the drainage plan/details referenced; JTM2170-P-10 C. No part of the development shall be occupied until the agreed drainage strategy has been implemented. The drainage system shall be permanently retained thereafter in accordance with the submitted details

REASON: In order to ensure that adequate drainage/flood control measures/facilities are provided, and retained, in the interests of the amenity of the area.

• 14. Prior to the commencement of development hereby approved, and notwithstanding the information already received, a surface water drainage plan showing details and the location of the petrol and oil interceptors, complete with trade literature and a management plan for maintenance shall be submitted to and approved in writing by the Department. The development shall be undertaken in accordance with the approved details and maintained as such thereafter. REASON: To ensure no site pollution entering the water course pre and post construction.

• 15. Prior to the erection of the units hereby approved, the vehicle access alterations proposed in the transport plan referenced; JTM2170-P-08-C shall be implemented in full and retained, unless otherwise agreed in writing with the Planning Authority. REASON: To ensure safe access and egress from the highway and for all users.

This approval relates to the following drawings and documents:

• JTM2170-P-03 D - Proposed Site & Ground Floor Plan
• JTM2170-P-04 C - Existing Warehouse & Proposed Units 1-5 Elevations
• JTM2170-P-05 D - Proposed Units 8-9 Elevations

• JTM2170-P-07 D - Proposed Site Plan Levels
• JTM2170-P-08 C - Proposed Transport Plan

• JTM2170-P-10 C - Proposed Drainage Plan
• JTM2170-P-11 C - Proposed Ecological Appraisal Flood Risk Assessment - JBA Consulting Received 15.08.23

• JTM2170-P-01 A - Location and existing site plan
• JTM2170-P-02 A Existing site plan levels

JTM2170-P-06 C Proposed Units 10-11 Elevations

• JTM2170-P-09 A - Proposed Site Plan Received 09.02.23

Road safety Audit - HMTC Received 15.12.22

Arboricultural Impact Assessment - Manx Roots Preliminary Ecological Appraisal Report - Manx Wildlife Trust Outline tree protection plan (OTP-111122) Tree impact plan (TI-111122) Tree removal plan (TR-111122) Tree species survey Tree survey and report - Manx Roots Tree constraints plan (TS-111122) Received 13.12.22

Existing water network plan Existing drainage network plan Roof panel data sheet Wall panel data sheet Received 04.08.22

This decision has been made for the following reasons(s) The application site forms part of land zoned for industrial purposes, with the development considered to amount to a highly efficient use of land whilst providing increased employment opportunities, without detriment to the character and appearance of the locality of the amenities of surrounding residential properties. The proposals would further ensure no net loss of on-site biodiversity, whilst being acceptable from a highways, drainage and flooding perspective following the submission of revised plans. The proposals are therefore considered to accord with Strategic Policies 1,2,5,7,10, Spatial Policy 1, General Policy 2, Environment Policies 4,10,22,42, Business Policies 1,2,5-6, and Transport Policies 4,7-8 of the Isle of Man Strategic Plan 2016 and relevant policies of the Area Plan for the East 2020.

Date of Issue: 8th November 2023

J CHANCE 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 £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.