175837 — 18/00641/B | Planning Portal IoM | Isle of Man Planning Portal

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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 Thomson Hunter Architects Ltd 21 Portland Road Kilmarnock Scotland KA1 2BT 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 Duke Street Commercial Limited, Ref 18/00641/B, for the Demolition of existing buildings and erection of a six storey mixed use building to provide retail (Class 1) and eleven residential units at 42-50 Duke Street Douglas Isle Of Man IM1 2AX subject to compliance with the following condition(s) and notes (if any): 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. 2. No 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 Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area. 3. The development hereby approved shall not be occupied or operated until the basement parking and turning areas and car lift have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety. 4. The basement garaging hereby approved shall at all times be made available for the parking of private motor vehicles(s) for the 11 residential apartments within this building and shall be retained available for such use. A minimum of one space per apartment is required to be allocated and retained thereafter for that apartment. Reason: To provide adequate off-street parking.

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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 5. The development hereby approved shall not be occupied or operated until the bin storage has been provided in accordance with the approved plans. Such area shall not be used for any purpose other than the storage of bins associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure sufficient bin storage is provided and retained for such use. 6. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), the ground and first floors (shown as "retail" on approved plans) shall only be used as a "Shop" use as defined in in Class 1, of Schedule 4 of the Order.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within a different Use Class will require further consideration and a application to be made. 7. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, replacement windows/doors, enlargement or other alteration of the building(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area and the individual building. 8. Prior to the commencement of the development a detailed plan showing the required visibility splays of 2.4m x 22m in a northern directions and 2m x 2m pedestrians visibility splays from the car park entrance is required to be submitted to and approved by the Department. The apartments shall not be occupied until those works have been completed in accordance with the approved plans and retained thereafter. Reason: In the interests of highway safety. 9. Prior to the commencement of the development a detail plan showing the position, design and number of Cycle Parking within the site is required to be submitted to and approved by the Department, and this approved scheme is required to be provided in accordance with the approved plans prior to the occupation of any unit. Reason: To ensure that sufficient Cycle Parking provision is provided. 10. No doors within the development shall open outwards into a highway. Reason: In the interests of highway safety. This approval relates to the submitted documents and drawings reference numbers 17/168/20, 17/168/21, 17/168/22A, 17/168/23C, 17/168/24C, 17/168/25D, 17/168/26B, 17/168/27, 17/168/28 and 17/168/25D received on 15th June 2018, 15th October 2018 and 26th October 2018. NOTE The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 10th December 2018. 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.

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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. All correspondence which led to the assessment and decision is 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 This decision refers only to that applied for 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 current Fees Order; · 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/ 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. 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.