DEC Decision Notice

Douglas Borough Council Mr Stephen Halsall DBC Operational service centre Isle of Man Business Park Cooil road Braddan IM2 2QY

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 Douglas Borough Council, Ref 22/00312/B, for the Replace existing grassed areas with resin and integrated lights and the installation of a timber framed bin store. at East Of 3 James Street James Street Douglas Isle Of Man IM1 2DB .

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 the development hereby approved, an Arboricultural Method Statement shall be submitted to, and approved in writing by, the Department. This must include, but is not limited to, details of;

• a) The working methods that are to be employed by the appointed contractor within the Root Protection Areas (RPAs) to prevent damage to retained trees.
• b) Details of the methods of installation of all hard surfacing within the RPAs, including scaled cross sectional drawings where appropriate, and how the appointed contractor will ensure they prevent damage to retained trees.
• c) Details of the method of installation of the electrical lighting system within the RPAs and how the appointed contractor will ensure they prevent damage to retained trees.

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.

Reason: To ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period in the interest of the visual appearance and character of the site and locality.

• 3. Prior to the commencement of the development hereby approved, an Arboricultural Monitoring Schedule shall be submitted to, and approved in writing by, the Department. This must include, but is not limited to, details of;

• a) A suitably qualified Arboricultural Clerk of Works (ACoW) to oversee the project from commencement to completion.
• b) A schedule containing details of key sensitive times/operations where the ACoW must be present to ensure the retained trees are afforded the maximum level of protection via the agreed working methods.
• c) How this schedule will be recorded and submitted to the Department.

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.

Reason: To ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period in the interesting of protecting and enhancing the appearance and character of the site and locality.

• 4. The surface material hereby approved to surround the trees must be installed in 'Addastone TP' material in a grey colour as detailed on drawing number E&R.21.071.1003 Issue A and retained as such there after.

Reason: The application has been assessed on this basis and in the interest of protecting the trees.

This approval relates to the following documents:

• o E&R.21.071.1001 Issue A
• o E&R.21.071.1002 Issue A
• o E&R.21.071.1003 Issue A
• o Supporting Letter
• o Supporting Photographs All date received 24.03.2022 And the following documents:
• o Email from the applicant date received 18.05.2022
• o Email and Supporting Letter from the applicant both date received 06.07.2022

This decision has been made for the following reasons(s) Although the proposal results in a cumulative loss of soft landscaping, this impact has been considered on a very fine balance to be marginally outweighed by the creation of the dedicated bin store. The sites visual contribution to this part of the Conservation Area will be no worse off and the wider character and appearance preserved within the bounds Environment Policy 35. The application is to be approved subject to those conditions relating to the trees to ensure their suitable protection.

Date of Issue: 22nd September 2022

Director of Planning and Building Control

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.