DEC Decision Notice

Department Of Infrastructure Mr A McCusker Department Of Infrastructure Sea Terminal Building Douglas IM1 2RF

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 Department Of Infrastructure, Ref 21/00875/B, for the Construction of reinforced concrete wall with stone cladding, blockwork rendered masonry walls and soil embankments for the purpose of providing flood protection at Amulree And Adjacent Car Park, Tennis And Basketball Courts Glen Road Laxey Isle Of Man IM4 7AJ.

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. Prior to the commencement of works on site, a 'development within 9 meters of a watercourse form' a written method statement and ecological impact assessment should be submitted to and approved in writing by the Department. All works in the river bed and the vicinity of the river shall be carried out in accordance with the approved details.

Reason; To ensure adequate protection of the River, associated bio-diversity and fish within.

• 3. The stone cladding on both sides of the wall shall be installed as shown in the approved drawings and retained as such thereafter. REASON: In the interest of visual amenity of the Conservation Area.
• 4. No approval is given for any works other than those shown on drawing HW3789 101. Reason: For the avoidance of doubt and to clarify the extent of the approval.

This approval relates to drawings received on 26th July 2021, referenced; Location Plan - 100 Site Plan - 101 Proposed Plan Tennis Court - 104 Proposed Plan Amulree - 102 Proposed Plan Car Park - 103 Proposed Plan BasketBall Court - 105 Statement of Case - dated 26/07/21

This decision has been made for the following reasons(s) The application would not harm the use and enjoyment of neighbouring properties or considered to harm the watercourse or that of the Laxey Conservation area has been designed to comply with Strategic Policy 4, General Policy 2 and Environment Policy 7, 22 and 35 of the Strategic Plan 2016.

Date of Issue: 2nd December 2021

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 £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.