Original Application Decision Notice

Cornerstone Architects 79 Parliament Street Ramsey Isle Of Man IM8 1AQ

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 Ocean Castle Limited, Ref 23/01348/B, for the Erection of a building accommodating 38no Apartments and associated Landscaping, Drainage and Car Parking at The Former Ocean Castle Hotel Site And Hill House, Rowany Villas Promenade Port Erin 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. Prior to occupation of any apartment and notwithstanding the details shown on the approved plans, all glass balustrades/balconies shall be installed with measures to prevent bird strikes to be either etchings on the glass or use of ultraviolet decals, and thereafter retained.

Reason: To prevent bird strikes, due to proximity of nearby nesting birds and compliance with Environment Policy 4.

• 3. Prior to the commencement of development a detailed plan showing the number and location of at least 3 integrated swifts nest bricks to be built high up on the north east elevation of the new building shall be submitted in writing to the Department for approval and this approved scheme shall be fully implemented prior to the occupation of any apartment and retained thereafter.

• Reason: In the interest of protected wildlife.
• 4. At least one parking space as shown on drawings 008 REV A and 100 REV A shall be allocated to each apartment within the apartment building hereby approved and retained thereafter for the parking of vehicles. Reason: To ensure adequate parking provision is made to each apartment.
• 5. The development hereby approved shall not be occupied until the cycle parking areas (75 spaces) have been provided in accordance with the approved drawing 100 REV A.

Reason: To ensure that sufficient cycle provision is made for the development which has under provision of car parking.

• 6. No above basement development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Planning Authority. The development shall not be carried out unless strictly in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
• 7. The development hereby approved shall not be occupied until the bin storage area has been provided in accordance with the approved drawing 100 REV A. Such area shall not be used for any purpose other than bin storage associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient bin storage is made for the development.
• 8. The development hereby approved shall not be occupied until the visibility splays as shown on Drawing 006 (onto the Promenade) shall be provided/retained and maintained at all times free from any obstruction at height not exceeding 1.05m above the level of the adjacent highway carriageway. Reason: In the interest of highway safety
• 9. Prior to the commencement of above basement works full details of soft landscaping works shall be submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting showing, type, size, maximum height growth and position of each. 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 occupation of any apartment, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species

Reason: To ensure the provision of an appropriate landscape setting to the development and for biodiversity net gain.

• 10. Prior to the commencement of above basement works full details of hard landscaping works shall be submitted to and approved in writing by the Department and these works shall

be carried out as approved. Details of the hard landscaping surfaces shall include colours, textures and manufacturers' details of the proposed materials. The development shall be undertaken in full accordance with these approved details prior to first occupation of the development hereby approved.

Reason: To ensure the provision of an appropriate landscape setting to the development. This approval relates to the submitted documents and drawings reference numbers all received; 23.11.2023 001 - LOCATION PLAN 003 - TOPOGRAPHICAL SURVEY

• 102 - LEVEL 1 FLOOR PLAN
• 103 - LEVEL 2 FLOOR PLAN
• 104 - LEVEL 3 FLOOR PLAN
• 105 - LEVEL 4 FLOOR PLAN
• 106 - LEVEL 5 FLOOR PLAN
• 107 - ROOF PLAN 315 - CGI VISUALS - SHEET 1

DESIGN & ACCESS STATEMENT APPLICATION FORM COMBINED STAGE 1 ROAD SAFETY AUDIT - AUGUST 2023 TRANSPORT STATEMENT - AUGUST 2023 TRAVEL PLAN - AUGUST 2023 PLANNING STATEMENT DRAINAGE STATEMENT - GK/OC/23/REV A PLANNING ENERGY STATTMENT - MAR 1255 - OCTOBER 2023 - REV A

• 11.11.2024

• 005 REV A - BASEMENT SITE PLAN
• 006 REV A - LEVEL 0 SITE PLAN 008 REV A - LANDSCAPING PLAN

• 100 REV A - BASEMENT FLOOR PLAN
• 101 REV A - LEVEL 0 FLOOR PLAN

• 300 REV A - ELEVATIONS SHEET 1
• 301 REV A - ELEVATIONS SHEET 2 310 REV A - STREET ELEVATIONS TECHNICAL NOTE - 23-106-004.03 - OCTOBER 2024

NOTE Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.

NOTE The Applicant is advised that a S109(A) Highway Agreement is needed after the granting of planning approval.

NOTE The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 9th December 2024. The issue of the decision notice has been triggered by the Section 13 agreement having been concluded. The 21 days for appeal (for those with Interested Person Status) runs from the date of the decision notice.

This decision has been made for the following reasons(s) Overall, it is considered the proposal would be developing a site which is designated for residential development currently and one which is a designated brownfield site which currently has a detrimental visual impact to the area and street scene. The proposed development in terms of scale, scale, proportion, finish and overall design would sit comfortably within the site and would be a positive visual impact upon the visual amenities of the street scene/area and with neighbouring buildings which all form part of the Promenade.

The proposal would provide an additional supply of housing within a sustainable location, given its closeness and good pedestrian to Port Erin centre and would meeting the overarching aims of the IOM Strategic Plan i.e. "Towards a Sustainable Island" and identified near the top of the settlement hierarchy.

In relation to highway safety there are no concerns raised and it is considered the level of parking provision is appropriate for the level of development and its location within Port Erin to shops, services and public transport links.

The proposal would have no significant adverse impacts upon private or public amenities.

Finally, there are no adverse impacts to protect species on this site and appropriate conditions in place to ensure biodiversity on the site is provided and would result in an energy efficient development.

In conclusion, the proposal would comply with; Strategic Policy 1, 2, 3, 4 5, 10 & 11, Spatial Policy 2 & 5, General Policy 2, Environment Policy 4, 7, 42 & 43, Housing Policy 1, 4, & 5, Recreation Policy 3 & 4, Transport Policy 1, 4, 6, 7 & 8 and Energy Policy 5 of the IOM Strategic Plan 2016, Area Plan for the South and the Residential Design Guide 2021. It is recommended that the planning application be approved for the reasons given and subject to the Section 13 Legal Agreement been signed and the conditions listed.

Date of Issue: 29th January 2025

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 informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/online-applications/)

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 £355); 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 £130). 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.