DEC Decision Notice

Savage & Chadwick Armitage House Lord Street Douglas IM1 1LE

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 ASAP Ltd, Ref 23/01424/B, for the Replacement of existing, derelict three apartment building with a block of six apartments, together with associated parking and facilities and public highway improvements. at Sea Court Victoria Road Douglas Isle Of Man .

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. The development hereby approved shall not be occupied/brought into use unless the bat and bird boxes, have been installed/constructed in accordance with details submitted.

The mitigation bat and bird boxes are to be erected on site as detailed in the Proposed Bird & Bat Box Location & type Plan (Drawing No. 10-29) and Proposed Site Plan (Drawing No. 10-22 Rev E).

The bird and bat boxes shall be retained thereafter. Reason: In the interests of protecting and enhancing the biodiversity of the environment.

• 3. Prior to commencement of works on the building, Nesting bird and roosting bat surveys carried out by a suitably qualified ecologist shall be submitted to and approved in writing by the Department. The development shall not be carried out other than in accordance with the submitted Nesting bird and roosting bat survey report.

• Reason: To provide adequate safeguards for the ecological species existing on the site.
• 4. Prior to any works (including site clearance) commencing on the site, a Precautionary Working Method Statement for nesting birds, roosting bats and Wildlife Act Schedule 8 plants; shall be submitted to and approved in writing by the Department. The development shall not be carried out other than in accordance with the submitted Method Statement. Reason: To provide adequate safeguards for the ecological species existing on the site.
• 5. All planting, seeding or turfing comprised in the approved details of landscaping (Drawing No. 10-22 Rev E) must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the apartments, whichever is the sooner. 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.
• 6. Notwithstanding the details that have been submitted, the development hereby approved shall not commence until a detailed hard landscaping plan has first been submitted to the Department in writing to be agreed.

The detailed hard landscape plan shall include a details of hard surfacing materials, external lighting, a space-sharing strategy, public seating and details of all ramps and steps within publicly accessible areas of the development.

The hard surfacing plan shall also include details of planters and samples showing the texture and colour of the materials to be used and information about their sourcing/manufacturer.

The lighting details shall include detailed drawings of the proposed lighting columns and fittings, information about the levels of luminance and daily duration and any measures for mitigating the effects of light pollution.

The development shall be carried out in accordance with the approved scheme and shall be retained as such thereafter.

Reason: To ensure that the development achieves a high standard of design, layout and amenity and makes provision for hard landscaping which contributes to the creation of a high quality, accessible, safe and attractive public realm, and that the lighting regimes avoids impacts on terrestrial ecology.

• 7. Prior to the commencement of the development hereby approved, an Updated Tree Protection Plan shall be submitted to and approved in writing by the Department. This plans shall clearly mark out the tree protection zones on the site. Within the Construction Exclusion Zones identified on this Plan, nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit, without prior written consent of the Department.

Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period, to protect and enhance the appearance and character of the site and locality.

• 8. The development hereby approved shall not be brought into use unless the vehicular and pedestrian access, visibility, and all parking and turning areas, have been provided and surfaced in accordance with the details shown on the approved plans (Drawing Nos. 10-31 and 10-22 Rev E). Once provided, all access, parking and turning areas shall thereafter be permanently retained as such.

Reason: To ensure the provision of a means of access, parking and turning space to an adequate standard in the interests of road safety.

• 9. Prior to the occupation of the development hereby approved, the secure bin/bicycle storage areas shall be provided in accordance with the approved plans (Drawing No. 10-22 Rev E and 10-23 Rev B) and shall be permanently retained thereafter and solely for the purpose of refuse/cycle storage.

Reason: In the interests of the appearance of the development and of the amenities of the area, and to promote sustainable travel in the interests of reducing pollution and congestion.

• 10. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2012 or any order amending, revoking or re-enacting that Order, no means of enclosure, structures or other free standing buildings, other than that shown on the approved plans and other documents listed on this decision notice, and any drawings approved subsequently in writing by the Department pursuant to any conditions on this decision notice, shall be erected on the site without an express grant of planning approval from the Department. Reason: In the interests of the character and appearance of the development. This decision relates to the following documents and plans:

• o Cover Letter,
• o Arboricultural Impact Assessment,
• o Design and Access Statement,
• o Drw. 10 20 (Location Plan),
• o Drw. 10 21 (Topographical Survey),
• o Drw. 10 24 Rev C (Proposed Plans and Elevations),
• o Drw. 10 25 Rev D (Proposed Sections and Elevations),
• o Drw. 10 26 Rev B (3D Visualisation view from site entrance),
• o Drw. 10 27 Rev A (3D Visualisation view from Southwest corner of site),
• o Drw. 10 28 Rev A (Roof Plan),
• o Drw. 12 01 (Existing Elevations),
• o Drw. 160822 (Outline Tree Protection Plan),
• o Drw. 160822 (Tree Constraints),
• o Drw. 160822 (Tree Impact),
• o Protected Species Report,
• o Road Safety Audit Designers response,
• o Road Saftey Audit Stage 1, and
• o Seacourt Data Table, Received 12 December 2023;
• o Covering Email
• o Drainage Statement Issue 2,
• o Drw. SC1667P 10-29 (Bird and Bat Box Plan),
• o Drw. SC1667P 10-22 Rev E (Proposed Site Plan), and

• o Drw. SC1667P 10-23 Rev B (Proposed Site Plan Vehicle Tracking), Received 7 February 2024;
• o Covering Email,
• o Drw. 10-30 (Vehicle Tracking 02), and
• o Drw. 10-31 (Pedestrian Visibility), Received 28 February 2024.

NOTE FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.

You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.

To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.

This decision has been made for the following reasons(s) Overall, and for the for the reasons indicated within this report it is concluded the proposals align with the requirements of General Policy 2; Strategic Policies 1, 2, 3, 4, 5, and 10; Environment Policies 3, 4, 5 and 42; Housing Policies 1, 4, and 6; and Transport Policies 1, 4, 6 and 7; the Area Plan for the East 2020, and the Residential Design Guide 2021, as the principle of the development is in accordance with the land use designation and the wider policy framework, and the proposed building is of a good design and layout. Furthermore the proposal would not have significant adverse impacts upon public or private amenities,

• or parking and highway safety, and therefore would comply with the relevant planning policies listed.

Date of Issue: 13th June 2024

J CHANCE Director of Planning and Building Control

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 £335); 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 £125). 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.