PA 06/00558 Appeal Approval Notice

Appendix 1

The decision notice and Inspector's report for PA 06/00558

Department of Local Government and the Environment

Rheynn Reiltys Ynnydagh as y Chymmyltaght

Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Tel: (01624) 685859 Fax: (01624) 685873 E-mail: [email protected] Chief Executive K. A. Kinrade

Please reply to the Chief Executive

Our ref: KAK/AJC 30th March 2007. Dear Sir/Madam,

ON APPEAL: PA06/00558 - Dandara Commercial Ltd - Relocation of existing stone recycling area and creation of Industrial Starter Units, Land Adjacent to Energy From Waste Facility, Kewaigue, Braddan

I refer to the recent appeal hearing in respect of the above planning application.

In accordance with the provisions of the Town and Country Planning (Development Procedure) Order 2005, I am enclosing herewith a copy of the report of the person appointed to hear this appeal.

The Minister has considered the report, concurs with the appointed person's conclusions, and accepts the recommendation that the appeal should be allowed. Accordingly, he has directed that the refusal of the application under Article 6 of the Town and Country Planning (Development Procedure) Order 2005 should be reversed, and that the application should be approved. Formal notice of approval is attached.

Yours faithfully

K. Kinrade

Chief Executive

Please see over for circulation list/......

Circulation List - PA06/00558

1. Dandara Commercial Ltd, Dandara Group Head Office, Isle of Man Business Park, Cooil Road, Braddan, IM2 2SA,
2. Manx Electricity Authority, PO Box 177, Douglas, IM99 1PS,
3. Drainage Division, Department of Transport, Meary Veg, Balnahowe, Santon, IM4 1HL,
4. Department of Trade and Industry, Hamilton House, Peel Road, Douglas, IM1 5EP,
5. Braddan Parish Commissioners, The Clerk to the Commissioners, Close Corran, Union Mills, Braddan, IM4 4LZ,
6. IOM Water Authority, Head Office, Tromode Road, Douglas, Isle of Man,
7. IOM Fire and Rescue Service, Fire Service Headquarters, Elm Tree House, Elm Tree Road, Onchan, IM3 4EF,
8. Tesdale Limited, Ballapaddag, Cooil Road, Braddan, IM4 2AF,
9. Mr & Mrs J G Bateson, Cronkbane House, Oak Hill, Port Soderick, Braddan, IM4 1AR,
10. H Marshall, Upper Ballacubbon, Richmond Hill, Braddan, IM4 1JQ,
11. Mr A Jessopp, PMCS, Seacliffe, Old Castletown Road, Ballaveare, Braddan, Isle of Man,
12. Department of Transport, Highways Division, Sea Terminal Building, Douglas, IM1 2RF,
13. The Editor, IOM Newspapers, Publishing House, Peel Road, Douglas,
14. Manx Radio Newsroom, Douglas Head,
15. Ms J Green, Apt 5, Greenhill, Stanley Mount West, Ramsey, IM8 1LR,
16. Radio 3FM, 45 Victoria Street, Douglas, IM1 3RS,
17. Energy FM, 100 Market Street, Douglas, IM1 1PH,
18. Secretary, Planning Appeals,
19. Secretary, Planning Committee,
20. Mr T O'Hanlon, Treasury,
21. Chairman and Members, Planning Committee.

Application No. 06/558 - ON APPEAL

Ref: KAK/MC

THE TOWN AND COUNTRY PLANNING ACT 1999

THE TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE)

ORDER 2005

TO: Dandara Commercial Limited, Dandara Group Head Office, Isle of Man Business Park, Cooll Road, Braddan, Isle of Man, IM2 2SA

[Copies as per Circulation List]

In pursuance of his powers under the above Act and Order, the MINISTER for Local Government and the Environment, following report by the appointed person, does hereby APPROVE the application by Dandara Commercial Ltd - Relocation of existing stone recycling area and creation of Industrial Starter Units, Land Adjacent to Energy From Waste Facility, Kewaigue, Braddan, subject to compliance with the following conditions:-

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

1. This approval relates to the submitted documents and drawings MS2311 01, MS2311 02, MS 2311 03, and MS 2311 04, all received on the 29th March 2006.

1. The car-parking provision shown on the proposals shall be laid out, surfaced and marked out before any unit hereby approved is first occupied, and shall be retained for that purpose and not used for any other purpose.

Note 1: The proposed Klargester Biodisc unit will not be considered for adoption once installed and operating.

Note 2: It is an offence under Manx legislation to permit the discharge of polluting or harmful matter to any public sewers or watercourses. Appropriate measures must be taken by the developer/occupier of the premises to ensure compliance with the legislation.

Note 3: For connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact IOM WA Planning and Projects Section, Tel: 695958.

Note 4: Please contact Anthony Kinrade or Ian Horsey, Operations and Maintenance Department, Network Services, as there are High Voltage and Fibre Optic cables running alongside the area of the proposed development. This is to discuss working practices around these cables which may be required to be diverted before any work can be carried out on site. Please contact the Planning Department to discuss proposed

Application No. 06/558 - ON APPEAL Ref: KAK/MC

loads required. All work on the site to be carried out with reference to HSE Guidance note HS(G)47. Please contact the MEA for an Electrical Site Safety 5.

Note 5: The applicant to consult with the Fire Safety Department regarding access and fire safety measures.

Dated this 30th day of March 2007.

By Order of the Minister

Murray House, Mount Havelock, Douglas, Isle of Man.

Lirmer.

Chief Executive

Note 1: This permission refers only to that required under the Town and Country Planning Acts and does not include any consent or approval under any other enactment, byelaw, order or regulation.

Note 2: A copy of the report of the appointed person is appended hereto.