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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 Excel Group Ltd Ms E Zinnecker Unit 1C Balderton Court Balthane Ballasalla IM9 2AJ 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 Jade Tree Limited, Ref 22/00549/B, for the Creation of a parkland campus facility comprising of a head-quarters office building with restaurant, café, collaborative working areas and 66 associated staff accommodation units with associated landscaping at Former Isle Of Man Holiday Camp Switzerland 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. Prior to the occupation of any building hereby approved the Visibility splays as shown on Drawing No: 21/432/TR/001 Rev E shall be provided and maintained at all times free from any obstruction at height not exceeding 1.05m above the level of the adjacent highway carriageway. Reason: In the interest of highway safety 3. Prior to the occupation of any building hereby approved the new accesses as shown on Drawing No: 21/432/TR/001 Rev E shall be provided and retained thereafter. Reason: In the interest of highway safety 4. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved drawings 2108-PL-3003, 2108-PL-3006, 2108-PL-3010, 2108-PL-3309. Such areas shall not be used
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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 for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety. 5. The development hereby approved shall not be occupied or operated until the cycle parking areas have been provided in accordance with the approved drawings 2108-PL-3110 and 2108-PL-3310. Such areas shall not be used for any purpose other than the cycle parking associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient cycle provision is made for the development which has under provision of car parking. 6. The submitted Travel Plan hereby approved shall be implemented in accordance with the measures set out therein and within three months of occupation evidence of the implementation of measures set out in the Travel Plan shall be prepared, submitted to and agreed with the Department in writing unless alternative timescales are agreed in writing. Reason: to mitigate the under provision of on-site parking and to ensure the sustainable travel options are undertaken as proposed. 7. Prior to the commencement of the development hereby approved further details of the tree removal proposed within the groups, G1, G2, G3, G5 and G6 marked on the tree impact plans (TRN-240322 & TRS-24322) must be submitted to and agreed with the Department and shall include further details for acceptable tree protection measures. Reason: to provide clarity on exactly which trees are being removed within affected tree groups, ensuring tree loss on the site is minimised and that the legislation providing protection to retained trees is enforceable. 8. No retained tree shall be cut down, uprooted, or otherwise destroyed during the development phase, other than in accordance with the approved plans. In the event that existing trees marked for retention die or become damaged or otherwise defective prior to commencement or during the construction phase due to events outside the applicants control, the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented. Reason: Required to safeguard and enhance the character and amenity of the area, to provide ecological, environmental and bio-diversity benefits and to maximise the quality and to enhance its setting within the immediate locality. 9. All planting, seeding or turfing comprised in the approved details of landscaping (including tree planting) as shown within Cowley White Landscaped Design Planting Plan (Drawings no. 002-KGC-REV A and 003-KGC-REV B) dated 30th March 2022 and the Planting Schedule/Key dated 28th April 2022must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the hereby approved office/residential units, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the hereby approved office/residential units.
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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: To ensure the provision of an appropriate landscape setting to the development. 10. No site works or clearance shall be commenced until protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) have been erected around any existing trees and other existing or proposed landscape areas as shown in drawing OTP- 240322 (Manx Roots - Tree Protection Plan) or otherwise agreed with the Department (Condition 7). Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works. Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site. 11. Prior to the commencement of the development hereby approved a Construction Environmental Management Plan (CEMP), to be provided to Planning for written approval prior to any works(excluding site clearance), including enabling works, taking place. The CEMP will need to contain details of the roles, responsibilities, training, procedures and monitoring on site which will ensure that the environment is protected during all phases of the development and all environmental legislation and policy is adhered to. The CEMP will need to incorporate the following avoidance and mitigation measures and the works must be undertaken in strict accordance with these measures: o A precautionary working method statement which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on birds - timescales for vegetation removal and suitable checks by an ecologist. o A precautionary working method statement which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on bats - pre-felling inspections of trees with potential roost features by a suitable qualified ecological consultant and responsible tree removal methodologies, use of bat sensitive construction lighting, storage plans for vehicles and equipment, action to be taken should bats be encountered during constructions works, measures to be taken should any additional trees be identified for removal, including prefelling inspections by an ecologist and additional mitigation should potential roost features be found. o A precautionary working method statement which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on common lizards - reasonable avoidance measures for lizards, and measures to be taken should lizards be encountered during construction works. o Details of the measures to be taken to prevent the surrounding woodland from the damaging impacts of dust, noise, sediment runoff, and bioharmful pollutants. o Details of the measures to be taken to prevent damage or disturbance to the surrounding boundary trees and woodland - construction exclusion zones and use of protective fencing which shall be maintained throughout the works and which is replaced promptly should it become damaged. o Responsible removal methodologies for the Schedule 8 invasive plants Montbretia and griselinia. All the agreed measures shall be adhered to in full. Reason: To ensure that the environment is protected during all phases of the development and all environmental legislation and policy is adhered to. 12. Prior to the occupation or use of the development hereby approved an Ecological mitigation plan, to be provided to Planning for written approval, which includes the following;
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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 o Details of bat and bird boxes to be installed around the site, including on trees and buildings. Details should include the numbers to be installed, their location and type, and timescales for their installation - boxes on the retained trees should be installed prior to any further vegetation removal. Bat boxes should include boxes suitable for both crevice and cavity roosting species and bird boxes should include both open fronted and entry hole boxes; o Further details about the construction and maintenance of the wildlife pond; o Details of stumpery/log pile habitats to be created around the edge of the site; o Details of a new bug hotel/s which are to be created on site; o Details of at least 5 habitat planters to be installed around the site; o Details of the additional measures which will be put in place should bird strikes still be an issue on the glass fronted building, even after the application of the solar control glass coating; o Specifications for the brown roof, including a species list suitable for the Isle of Man; All the agreed measures shall be adhered to in full prior to the occupation/operation of any building. Reason: To ensure a net biodiversity gain and all environmental legislation and policy is adhered to. 13. Prior to the occupation or use of the development hereby approved a detailed internal lighting plan throughout the site to ensure protection of bats/birds and to ensure appropriate protection of the nearby identified Registered Building/Conservation Area shall be submitted in writing for approval by the Department and the approved scheme shall be fully adhered to and retained thereafter. Reason: To ensure adequate protection of protected species and ensuring appropriate protection of the visual amenities of nearby identified Registered Building/Conservation Area. 14. Prior to commencement of any works, details shall be submitted in writing to the Department for approval which shows the surface water drainage arrangements for the raised pedestrian crossing at the junction of Victoria Road and Switzerland Road. Further details showing how any surface water runoff from the proposed entrances will be prevented from draining onto the adjacent public highway and where such water will be drained to. The approved details shall be completed prior to the occupation of the development. Reason; In the interests of surface water runoff and highway safety. 15. Prior to the commencement of any works (excluding enabling working) a detailed plan showing further details of the existing and proposed culvert running through the site (as indicated in Flood Management Division email dated 11th August 2022) shall be submitted in writing for approval by the Department and this approved scheme shall be completed prior to the occupation/operation of any building on the site and retained thereafter. Reason: In the interest of flood risk. 16. 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.
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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: In the interests of the character and appearance of the site and surrounding area. 17. Prior to the commencement of any development hereby approved a detailed external lighting plan throughout the site to ensure protection of bats/birds and to ensure appropriate protection of the nearby identified Registered Building/Conservation Area shall be submitted in writing for approval by the Department and the approved scheme shall be fully adhered to and retained thereafter. Reason: To ensure adequate protection of protected species and ensuring appropriate protection of the visual amenities of nearby identified Registered Building/Conservation Area. This approval relates to the submitted documents and drawings reference numbers all received; 13.05.2022 o Planning Statement - Sarah Corlett Town Planning Consultancy o Design and Access Statement - Excel o 002-KGC-REV A o 003-KGC-REV B o Planting Schedule/Key - Cowley White Landscape Design o Landscape Management & Maintenance Plan/Specification - Cowley White Landscape Design o Transport Assessment & Travel Plan - Bryan G Hall o Heritage Assessment - Wardell Armstrong o Arboricultural Assessment - Manx Roots Limited o TSN-111121 (Tree Constraints) o TSS-111121 (Tree Constraints) o TRN-240322 (Tree Impact) o TRS-240322 (Tree Impact) o OTP-240322 (Outline Tree Protection) o Ecology and Biodiversity - Manx Wildlife Trust Consultancy o Energy Statement - March Consultants Limited o Ground Investigation Report - Structura Consulting o Flood Risk Assessment & Drainage Strategy - Structura Consulting o Design and Access Statement - Excel o 2108-PL-3000
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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 o 2108-PL-3112
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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 This decision has been made for the following reasons(s) In conclusion the application would represent a significant development within this part of Douglas on a previously development site which has been laying vacant for a considerable period of time. The proposal, especially the proposed office block, will result in a very prominent landmark building raised above Douglas Promenade and which will therefore given its size and scale will be very visible from a number of public viewable locations, namely Douglas Head to Douglas Promenade and to Onchan Head/King Edward Road. As outlined in this report there will be impacts upon the Conservation Area namely Douglas Promenade and Registered Building Falcon Cliff; however for the reasons outlined the impacts would not be so significant to warrant a refusal. The proposal in terms of parking/highway safety has been considered and while there is a sizeable under provision of on-site parking in association with the development; it is considered given the residential element of the development is solely for staff accommodation connected to the main office building, the sustainable location of the site, closes to public transport links, Travel Plan proposed, significant cycle store provision on the site the proposal would not give raise to significant impacts upon on-street parking in the locality. This is also subject to relevant conditions and Section 13 Legal Agreements. Highway Services have also considered the application in relation to highway safety/traffic generation/access amongst other aspects and raised no objection. In terms of biodiversity, climate change and energy aspects the proposal has been carefully considered ands with the proposal submitted and with appropriate conditions in place it is considered the application would meet the relevant aims and policies of the IOM Government. Objection from the Agriculture and Lands Directorate (Forestry - DEFA) is noted and this is a negative aspect of the proposal; however, balancing the over benefits of the proposal and the tree mitigation/landscaping proposed within the site and retention of the majority of the trees in the area, namely the boundary trees; it is considered the proposal in respect of impacts upon trees is acceptable. All other matters outlined in this report are considered acceptable. Accordingly, for these reasons it is recommended the application is acceptable and complies with the relevant planning policies listed and therefore recommended for an approval subject to a Section 13 Legal Agreements. Date of Issue: 22nd November 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 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 £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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