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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 Cornerstone Architects 79 Parliament Street Ramsey 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 Livelladean Limited, Ref 24/00314/B, for the Erection of a block of 20 light industrial units at Land East Of Unit 3 Clock Tower Industrial Estate Foxdale Isle Of Man IM4 3HF . 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. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the 20 Units within the building hereby approved shall not be used other than for Class 2.2 - Light industry and for no other purposes. 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. 3. Prior to the occupation of any new industrial unit the road layouts, pedestrian paths, cycle/motorcycle/disabled/car parking, cycle shelter/stands, site access road, visibility splays and EV charge points as shown on drawings 002 REV C, 23/165/TR/003 REV B, and 23/165/TR/002 REV B, shall be completed ready for use and retained thereafter for their particular use.
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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 Reason: To ensure that the car parking standards are achieved, sustainable travel/access provided and in the interests of highway safety. 4. Prior to the commencement of any development 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 (including tree planting suitable for the sites contamination levels) showing, type, size 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. 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. 5. No tree marked as being retained on drawings TI-170523 Retained Tree Impact - NORTH and TI-170523 Retained Tree Impact - SOUTH, shall be cut down, uprooted or destroyed during the development phase and thereafter within 5 years from the date of occupation of the last unit completed, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action approved in writing by the Department and implemented in accordance with the approved details. Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated. 6. The implementation of the tree protection measures set out in the approved Arboricultural Method Statement and as shown on drawing number OTP-170523 shall installed prior to the commencement of any development and not removed till the completion of the development and be monitored by a suitably qualified and pre-appointed tree specialist, in accordance with the details contained therein. The name and contact details of the specialist shall be provided to the Planning Authority before any works commence on site. Reason: Required to safeguard and enhance the character and amenity of the site and locality by ensuring compliance with the tree protection and to ensure that professional technical advice is on hand to deal with problems that arise or modifications that become necessary. 7. The Finished Floor Levels (132.500) and height of the industrial building hereby approved shall be as shown on drawings 001 REV C, 002 REV C and 200 REV A and retained thereafter. Reason: In the interest of the visual amenities of the site/area. 8. 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.
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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 Reason: In the interests of the character and appearance of the site and surrounding area. 9. No external lighting is to be installed unless in accordance with a detailed external low level lighting scheme which must be submitted to and approved in writing by the Department, and must be in accordance with the recommendations outlined in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023). This should include any lighting in the public domain, including street lights. Reason: In the interests of biodiversity of the site/area. 10. Prior to the occupation of any industrial unit hereby approved the attenuation tank and drainage scheme as shown on drawing P100 P1 shall be completed and retained thereafter. Reason: To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal is incorporated into the design and the build and that the principles of sustainable drainage are incorporated into this proposal and maintained for the lifetime of the proposal. 11. Prior to the occupation of any new industrial unit the showers and lockers (001 REV C) to be implemented before first occupation and retained thereafter. Reason: To encourage sustainable means of travel. 12. All excavated material/soil will be retained on site but be moved to areas where there can be no risk of pollution and will be covered with inert material so that any surface water run off is not contaminated. Reason: to ensure contaminated soil is not removed from the site as proposed. 13. Prior to the commencement of any works details of an ecological management and monitoring plan shall be submitted to the Department and approved in writing. The plan will need to incorporate the measures detailed in Table 1, 2 and 3 of the Curragh Environmental Consultancy's Constraints and Opportunities Plan (as amended November 2023), Cornerstone Architect's Ecological Plan (Drawing No. 004 REV A) and the creation of a new lizard hibernaculum. The plan will need to be secured for at least 5 years post construction and the approved details shall be fully adhered to. Reason: In the interest of biodiversity of the site. 14. Prior to the commencement of any development a detailed habitat protection plan demonstration how the areas identified on the submitted ecological plan are to be protected/preserved during the construction period and post construction shall be submitted to the Department and approved in writing and the approved details shall be fully adhered to. Reason: In the interest of biodiversity of the site. 15. Prior to the commencement of any development details of the watercourse diversion works, culvert details and headwall details all designed to CIRIA C786 for a 1 in 100 plus climate change event shall all be submitted to the Department and approved in writing and the approved details shall be fully adhered to and retained thereafter.
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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 Reason: In the interests of surface water flows and prevent flooding. This approval relates to the submitted documents and drawings reference numbers all received; 18.03.2024 Drawings o Measured Survey - 01 o Measured Survey - 02 o LOCATION PLAN - 003 REV A o PROPOSED GROUND FLOOR PLAN - 100 o Proposed First Floor Plan -101 o Proposed Roof Plan - 102 o Outline Tree Protection Plan - OTP-170523 o Retained Tree Impact - NORTH - TI-170523 o Retained Tree Impact - SOUTH - TI-170523 o Tree Removal - TR-170523 o Tree Constraints - North - TS-100523-N o Tree Constraints - South - TS-100523-S o PROPOSED DRAINAGE LAYOUT - 100 REV P1 Reports o Arboricultural Impact Assessment June 2023 - Manx Roots o Ecological constraints and opportunities plan - August 2023 - Curragh Environmental Consultancy o Preliminary Ecological Assessment - September 2022 (with some additions August 2023)
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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 o Proposed Private Site Access Visibility - 23/165/TR/002 REV B o Swept Path Analysis of 7.5t Panel Van Turning Manoeuvres - 23/165/ATR/003 o Swept Path Analysis of Proposed Shuttle Working Chicane - 23/165/ATR/004 o PROPOSED PEDESTRIAN ROUTE - 23/165/TR/003 REV B Reports o Design and Access Statement - Cornerstone Architects Letters Agents Response to Highways - 7th August 2024 - Cornerstone Architects 19.08.2024 Drawings o PROPOSED ELEVATIONS - 300 REV B NOTE The applicants are strongly recommended that prior to any works (including emergency work) that interacts or disturbs the mining features they contact Energy & Minerals Division of DEFA. Further the applicant is advised that the Department does not accept responsibility for damage occurred to buildings or land because of historic mine workings. This decision has been made for the following reasons(s) It is considered the proposal has a number of material planning matters which need to be considered. The proposal would be developing a site which is designated for industrial development. The development will clearly change the landscape character of the site/area from one a previously developed site, albeit no apparent built development in place, to a prominent industrial estate. As discussed within this report it is considered there is a visual harm caused by the development; which weighs against the proposal; albeit the land is designated for such development and the proposed building in terms of finishes and proposed landscaping are such that the impacts would be reduced. The development will appear as an extension of Foxdale into the open countryside; albeit this is not an uncommon occurrence around existing settlements and has been happening to other settlements for decades. The proposal would equate to a sustainable development given its closeness and good pedestrian and cycle links to residential areas in Foxdale which is designated as a Service Village and would meeting the overarching aims of the IOM Strategic Plan i.e. "Towards a Sustainable Island" and other Government Document's seeking sustainable development and Active Travel. There are no highway safety/parking concerns raised by the development and while the proposal will increase traffic generation it has been confirmed by Highway Services that this would not have an unacceptable impact to the existing highway network. There proposed development will not result in an unacceptable risk from flooding on or off site. Further, the surface water runoff and foul drainage have all been accommodated in a suitable and acceptable way for the relevant drainage authorities.
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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 Ecology impacts have been adequately addressed and with the proposed mitigation proposed/conditioned it is considered the development would be acceptable. Finally, in terms of the economic benefits, the submission will bring a number of job opportunities in a variety of different skilled and non-skilled roles which can only be a benefit to the IOM economy and its residents. It is considered for the reasons indicated within this report the proposal overall, would not have any significant adverse impacts upon public or private amenities and would therefore comply with; Isle of Man Strategic Plan 2016 Strategic Policy 1, 2, 3, 4, 5, 7 & 10; Spatial Policy 1 & 3; General Policy 2 ; Environment Policy 4, 5, 7,10, 13, 22, 24, 26, 27, 28 & 42; Business Policy 1, 2 & 5; Community Policy 10; Transport Policy 1, 2, 4, 6, 7 & 8 of the Isle of Man Strategic Plan 2016; Foxdale Local Plan 1998 Climate Change Act 2021 Manual for Manx Roads Our Island Plan January 2023 Active Travel Plan Travel Investment Plan 2019 A Guide for Applicants: Supplementary Guidance on Economic Issues - December 2022 Landscape Character Assessment - Foxdale - Incised Slopes. Date of Issue: 2nd October 2024 J CHANCE Director of Planning and Building Control
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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. 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 £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.
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