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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) 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 Duke Street Commercial Limited, Ref 20/00679/B, for the Erection of mixed use development with ground floor retail units and 20 residential apartments at 42-50 Duke Street Douglas Isle Of Man IM1 2AX. 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. 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 bin stores has been provided in accordance with the approved plans. Such areas 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. 4. No doors within the development shall open outwards into a highway. Reason: In the interests of highway safety.

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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. Prior to the occupation of any apartment hereby approved the Cycle Parking for 20 cycles as shown on drawing 17.168.35 shall be completed and retained thereafter. Reason: To ensure that sufficient Cycle Parking provision is provided. 6. 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 ground floor (shown as "retail" on approved plans) shall only be used as a "Shop" use as defined in in Class 1.1, of Schedule 5 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 an 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. The stair wells/stairs/landings as shown on drawing s17.168.036(A) and 17.168.037 are to be completed prior to the occupation of any apartment and retained thereafter, unless otherwise agreed in writing by the Department. Reason: to ensure adequate accessibility is provide for cycles to and from the basement level. 9. Prior to the occupation of any apartment a scheme is required to be submitted in writing and approved by the Department which demonstrates how the main entrance of the apartments to the rear (east) of the building is to be lit externally and "design out crime" which could include cctv etc. These approved details shall be undertaken in full prior to the occupation of any apartment. Reason: to ensure the future occupants of the apartment have a secure and safe environment to live. This approval relates to the submitted documents and drawings reference numbers all received; 29th June 2020 17.168.020(A) 17.168.021(B) 17.168.022(B) 17.168.027(A) 17.168.028(E) 17.168.029(A) 17.168.032 17.168.033 1st September 2020 Planning Design Statement

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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 12th October 2020 17.168.030(E) 17.168.031(C) 17.168.035 30th October 2020 17.168.036(A) 17.168.037 17.168.042(G) 17.168.043(F) NOTE The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 2nd November 2020. 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. This decision has been made for the following reasons(s) It is recommended the application is acceptable and complies with the relevant planning policies listed and included within Isle of Man Strategic Plan 2016, The Modified Draft Area Plan for the East and The Central Douglas Master Plan (2014) and therefore recommended for an approval subject to a Section 13 Legal Agreement for commuted sum payments in lieu of for affordable housing and Open Space provision. Date of Issue: 26th August 2021 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 £295); 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 £110). 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 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.