141738

==== PAGE 1 ====

Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 JBA (IOM) Ltd Second Avenue Onchan IM3 4LT TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013 In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Department Of Infrastructure, Ref 16/00635/B, for the Alterations and raising of harbour walls for flood prevention at Castletown Harbour Castletown Isle Of Man subject to compliance with the following condition(s) and notes (if any) : 1. The protection measures and construction methods detailed in the Tree Survey and Report prepared by Manx Roots Tree Management Limited submitted in support of the application shall be adhered to in full, subject to the pre-arranged supervision detailed in section 11 and appendix 5, by a suitably qualified and pre-appointed tree specialist. No retained tree shall be cut down, uprooted, or wilfully destroyed during the development phase and thereafter within 5 years from the completion date, other than in accordance with the approved plans and particulars or as may be permitted by prior approval in writing from the Department. This condition may only be fully discharged on completion of the development subject to satisfactory written evidence of contemporaneous supervision and monitoring of the tree protection throughout construction by a suitably qualified and pre- appointed tree specialist. Reason: to successfully preserve retained trees in the interests of the natural, visual and ecological amenities of the area. 2. 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. 3. Prior to the commencement of any works associated with this development, the applicant must have approved by the Department a method statement which details the precautions to be put into place to reduce the possibility of harmful materials entering the river and also to ensure that alterations to river banks or use of machinery within the river do not threaten fish populations and the work must be undertaken in accordance with this statement. Note: The applicant is recommended to liaise with DEFA Fisheries in the preparation of this statement.

==== PAGE 2 ====

Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 Reason: To accord with the provisions of Environment Policy 7 of the Strategic Plan. 4. Prior to the installation of any non-return valve system in the mill stream, a mitigation scheme for this - either creating a new or enhanced saline habitat somewhere else in the area or a compensatory different habitat, must be submitted to and approved by the Department, including the timing and aftercare of such works and the works must be undertaken in accordance with these details. Reason: To accord with Environment Policy 4 of the Strategic Plan. 5. Prior to the construction of any walling, a sample panel of the stonework and pointing to be used must be approved by the Department and the walling must be installed thereafter in accordance with that decision. Reason: To ensure that all new walling is appropriate for its location, particularly within the Conservation Area. 6. The tree planting scheme detailed in the Tree Survey and Report prepared by Manx Roots Tree Management Limited submitted in support of the application shall be implemented in full, including the recommendations for post planting maintenance Reason: To restore the natural, visual and ecological amenities of the area following the removal of 19 trees to facilitate the development. This decision relates to drawings IoM-JBA-C-H-DR-C-101A, IoM-JBA-C-H-DR-C-201A, IoM- JBA-C-H-DR-C-202A, IoM-JBA-C-H-DR-C-203A, IoM-JBA-C-H-DR-C-206A, IoM-JBA-C-H-DR- C- 301B, IoM-JBA-C-H-DR-C-302A, IoM-JBA-C-H-DR-C-303A, IoM-JBA-C-H-DR-C-401A, IoM-JBA-C-H-DR-C-402A, IoM-JBA-C-H-DR-C-403A, IoM-JBA-C-H-DR-C-501A, IoM-JBA-C-H- DR-C-502A, IoM-JBA-C-H-DR-C- 503A ,IoM-JBA-C-H-DR-C-504A, IoM-JBA-C-H-DR-C-601A IoM-JBA-C-H-DR-C-602A, IoM-JBA-C-H-DR-C-603A, IoM-JBA-C-H-DR-C-901A, IoM-JBA-C- H-DR-C-1001A all received on 1st June, 2016. NOTE The applicant is recommended to consider provision for access for small craft and their mooring points adjacent to Victoria Road and Back Hope Street and also crane access for lifting vessels out of the water around the Umber Quay and Claddaghs boat park areas as well as provision for disabled users of the harbour and something to improve what may be perceived as a bland concrete wall proposed in places around the harbour. Date of Issue: 1st November 2016 Interim Director of Planning and Building Control

==== PAGE 3 ====

Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 Guidance Note This decision was made by the Planning Committee in accordance with the authority delegated to it in the name of the Minister and/or in the name and on behalf of the Department. This permission refers only to that required under the The Town and Country Planning (Development Procedure)(No 2) Order 2013. Any appeal against this decision must be in accordance with the criteria set down in that instrument. Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain: · Payment of a planning appeal fee as prescribed in the Town and Country Planning (Application and Appeal Fees) (No2) Order 2015 (currently £170); · The reasons for making the appeal; and · An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation. An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planning- applications/planning-appeals/how-to-appeal/ The proposed development must not be commenced until either; · The time for requesting an appeal has expired; or · Any appeal has been determined; Whichever is the later. If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House. A copy of the Officer’s report and any correspondence which led to the assessment and decision is now available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas. https://www.gov.im/planningapplication/services/planning/search.iom 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.