THE TOWN AND COUNTRY PLANNING ACT 1999

THE TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) ORDER 2005

Mr G Blackburn<br>Jojay Ltd<br>BCS House<br>Peel Road<br>Braddan<br>IM4 4LE

In pursuance of his powers under the above Act and Order, the Minister for Infrastructure does hereby APPROVE planning application 13/00386/B by Mr Gary Blackburn for Erection of seventeen general industrial units with associated external works including storm and foul drainage systems, to include modifications to site entrance off Peel Road, Land Adjacent to BCS House, Peel Road, Braddan, IM4 4LE, subject to the following conditions:

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. The development relates to the erection of 17 industrial units with associated parking and access all as shown in drawings 01 \mathrm{RevB}, 02 \mathrm{RevB}, 03,101 \mathrm{RevF}, 102 \mathrm{RevA}, 103 \mathrm{RevA}, 104RevA, 105RevB, 106, 107RevB, 108, 110RevA, 10TS010-01 and 11-070 all date stamped as received 28 March 2013.
3. The units may be used only for general industrial purposes.
4. No industrial process shall be operated at these premises such as prescribed under the UK 'The Environmental Protection (Prescribed Processes and Substances) Regulations 1991, namely:
5. the production of fuel and power
6. metal production and processing
7. mineral industries
8. chemical industry
9. waste disposal and recycling
10. other processes.
11. The external cladding may be only dark green, dark blue, dark grey or dark brown unless otherwise approved in writing by the Planning Authority.
12. The development hereby approved may not be occupied until such time as the associated parking and manoeuvring areas have been completed and set out as shown in the approved plans. Thereafter the parking spaces shall be kept free from obstruction and used only for the parking of vehicles.
13. All existing trees shown on the site as being retained must, prior to the commencement of any excavation or building work on site, be protected by the erection of protective fencing under the dripline of each tree. During construction no building, storage or excavation may

be undertaken within the protected area unless authorised in writing by the Planning Authority.

8. No development shall take place until full details of a landscaping scheme, including the provision of evergreen species, shall have been submitted to and be approved in writing by the Planning Authority and these works shall be carried out as approved. All planting shall be carried out in accordance with the approved details in the next available planting and seeding seasons. Any tree or shrub which within a period of 5 years from the completion of the landscaping works, is removed, or becomes seriously damaged or diseased shall be replaced in the next planting season with another similar size and species, unless the Planning Authority gives written consent to any variation.

9. The buildings shall be used only from Monday to Saturday inclusive and no activity or business shall be carried out therein on Sundays or Bank Holidays unless otherwise agreed in writing with the Planning Authority.

10. Notwithstanding the meaning of development in Section 6 of the Town and Country Planning Act 1999 or any act or revoking or re-enacting that Act, no mezzanine floor, other than those shown in the approved plans shall be constructed without a further application for planning permission being submitted and approved.

11. No items of machinery or any equipment or other goods shall be kept outside of any buildings and all activities shall be undertaken within the buildings unless otherwise agreed in writing by the Planning Authority.

12. No waste or any other such material shall be stored outside of the units except within the concrete amenity area shown on drawing 101 RevF unless otherwise agreed in writing by the Planning Authority. Any request to the Planning Authority shall provide details of the receptacles in which the material is to be stored and the length of time the storage is required.

13. No external lighting shall be permitted except that as approved as part of a lighting scheme to be submitted to and approved by the Planning Authority.

14. No development may commence until such time as details of noise insulation in the walls and roof of the buildings are submitted to and approved in writing by the Planning Authority; the approved insulation measures shall be installed prior to first occupation of the buildings and thereafter retained.

15. Noise levels from any plant, processes or equipment at the proposed industrial development measured at neighbouring residential premises including gardens, between the hours of 0700 - 2000 hrs (day-time) shall not exceed 50 dB LAeq, 1 hour; and noise levels from any plant, processes or equipment at the proposed industrial development measured at the external façade of neighbouring residential premises, between the hours of 2000 - 0700 hrs (night-time) shall not exceed 45 dB LAeq, 5 minute.

16. No development shall commence until details of a fence to be erected to deter unauthorised access and tipping to the rear of the site along the top of the river is submitted to and approved in writing by the planning authority; the fence shall be erected as approved in design and location prior to construction works of the units commencing and thereafter retained.

Contd.......

MNKOI 0001602578

17. No development shall commence until the access improvement works shown on the approved drawings are completed and visibility splays are in place. The visibility splays shall be kept free from obstruction thereafter.

Date of issue: 16 December 2013

By Order of the Minister

N J Black

Chief Executive

Note 1: A copy of the report of the appointed person is appended hereto.

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