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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 Mr Chris Penketh 23 West Quay Ramsey IM8 1DL 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 Colas (IOM) Ltd, Ref 22/00138/B, for the Erection of replacement office accommodation cabins at Billown Quarry Foxdale Road Ballasalla Isle Of Man IM9 3DW . 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 only be used in conjunction with the wider quarrying and (if necessary) restoration of the site. The development shall be removed from the site within 6 months of the cessation of these activities. Reason: the development is approved as an exception to the normal presumption against development in the countryside as it relates to quarrying. 3. Prior to the commencement of the development hereby approved a tree protection scheme shall be submitted to and approved in writing by the Department. Tree protection measures shall be shown on a layout plan accompanied by descriptive text which includes, but is not limited to, details of; a) The location of the trees to be retained and their canopy spreads; b) The location of a 'construction exclusion zone' c) The position of protective fencing and/or other protective measures required to prevent damage to retained trees. d) An appropriate specification for the protective measures proposed. The development must be carried out in accordance with the approved details. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department.
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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 Reason: required prior to commencement 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. 4. No site clearance, preparatory work or development shall take place until a tree planting specification is submitted to and agreed in writing by the Department, which includes at least 2 heavy standards. Where applicable the tree planting specification shall adhere to the recommendations of BS8545:2014 (Trees: from nursery to independence in the landscape - recommendations) and in all cases shall include details of all trees to be planted, including a) their quantity, location (or density), species and size at date of planting; b) the approximate date when they are to be planted; and c) how they will be maintained until successfully established. The tree planting shall take place as agreed and any trees which, within a period of 5 years from their first planting, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation. Reason: to compensate for the tree loss, to ensure an appropriate standard of visual amenity in the local area and that the development is appropriately landscaped to sit comfortably and acceptably in its location. 5. Prior to the commencement of the development hereby approved details of nest boxes which are designed and sited so as to be suitable for starlings shall be provided. The nest boxes shall be provided in accordance with the approved details prior to the use of the building hereby approved, and retained a such thereafter. Reason: To compensate for the loss of nesting bird habitat. This approval relates to the following documents (received 03.02.2022): o Cover Letter dated 03.02.22 o Letter from Applicant dated 22/09/21 o 2108D/01 Topographical Measured Survey o 21 1579/01 Site & Location Plans o 21 1579/02 Proposed 1:200 Site Plan o 21 1579/03 Proposed Floor Plan & Elevations o 21 1579/04 Proposed Foundation Details o 1 - 15 Site Photographs This decision has been made for the following reasons(s) The proposal is directly related to an active quarry and so complies with Strategic Plan General Plicy 3(e). No unacceptable impacts have been identified in relation to visual impact or highways. Although the proposal will result in tree loss, the wider economic benefit of the continued operation of the quarry is considered to outweigh this (subject to compensatory tree planting), noting Strategic Plan paragraph 12.2.1. Date of Issue: 6th April 2022 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 a Principal Planner in accordance with the authority delegated to them. 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 £305); 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 £115). 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.
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