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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 Douglas Borough Council Town Hall PO Box 2 Douglas IM99 1AD 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 22/01507/B, for the Creation of Civic Amenity Site. Variation of Condition C25 on approved planning application 21/00731/B at Recycling And Storage Compound Richmond Hill Douglas Isle Of Man IM4 1JH . 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 must be carried out strictly in accordance with the particulars contained in the application, the plans and Environmental Impact Assessment accompanying (as amended) subject to conditions covering matters below. Reason: For the avoidance doubt and to ensure that the development is carried out in accordance with the submitted details. 3. No processing, sorting or composting shall take place on the site. The deposition by the public of materials into separate containers are not precluded. Reason: For the avoidance of doubt and the application has been assessed on basis of information a para 4.6.1 of the Environmental Statement dated June 2021. 4. Prior to the commencement of the development hereby approved (including site clearance), a Site Environmental Management Plan (SEMP) which details how adverse impacts on the wildlife on site (particularly regarding hydrological links from direct and indirect pollutants such as concrete, fuels and lubricants) will be avoided and/or minimised to insignificant levels on the environment and surrounding area, during the construction and operational phases of the development, particularly from direct and indirect pollutants.
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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 avoid, minimise or mitigate effects on the environment and surrounding area during the construction project and once the amenity site is operational. 5. The development hereby approved shall not be commenced until details of a 'Construction Management Plan', which details the necessary mitigation measures to be taken during construction, have been submitted to and approved in writing by the Department. The CMP shall include, but not necessarily be limited to, the following. o Risk assessment of potentially damaging construction activities. o Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements). o The location and timing of sensitive works on site. o Responsible persons and lines of communication. o Use of protective fences, exclusion barriers and warning signs. o Any necessary mitigation measures other than those listed above to be carried out during the construction. All works carried out during the construction period shall be undertaken strictly in accordance with the approved CMP. Reason: To ensure that there are no adverse impacts resulting from the construction works and to ensure the development accords with the provisions set out at 2.5.12 of the Environmental Impact Assessment. 6. Prior to the commencement of the development hereby approved, a Lighting Plan shall be submitted to and approved in writing by the Department. The lighting of the site will be designed utilising inward directed led lighting columns to provide required site illumination without creating undue light pollution. The development shall not be carried out other than in accordance with the approved plan. Reason: To provide adequate safeguards for the ecological species existing on the site and ensure that the mitigation set out at 5.1 of the PEAR which accompanied the Environmental Impact Assessment is implemented. 7. The development hereby approved shall be carried out in strict accordance with the submitted mitigation scheme detailed in Section 5.1 of the Manx Wildlife Trust's PEAR dated March 2021 to provide appropriate mitigation for Common Lizards, Common Frogs, and birds within the site and immediate locality. Reason: To safeguard a statutorily protected species. 8. Prior to the commencement of the development hereby permitted, details of the proposed planting and landscaping shown on Drawing No. A_PL_001 Rev H dated stamped received 18 August 2021 shall be submitted to and approved in writing by the Department. Details of the scheme shall include: a) Existing landscape features and vegetation to be retained. b) Protection measures for any landscape features to be retained, if required. c) The location of new trees, shrubs, hedges, lawned areas and wildflower areas. d) A schedule of planting to comprise species, plant sizes and proposed numbers and density, where appropriate.
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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 e) A programme for the implementation, completion and subsequent management of the proposed landscaping, not including the wildflower planting which is covered by condition 7 in relation to (e). All proposals shall be carried out in accordance with the approved planting scheme and any management programme. Any planting which, within a period of 5 years from the completion of the development, in the opinion of the Department is dying, being severely damaged or becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted. Reason: To ensure the implementation and management of a satisfactory scheme of landscaping which will help to integrate the proposed development into the local landscape in the interests of the visual amenity of the area. 9. Within three months to the use of the development hereby approved, the scheme to create the Wildflower meadow shown on Drawing No. A_PL_001 date stamped as having been received 18 August 2021 shall commence. With regards to the wildflower planting, the scheme shall be implemented and maintained in accordance with the measures detailed in section 5.2-5.6 of the PEAR which accompanied the Environmental Impact Assessment. Reason: To ensure that a native and sustainable wildlife meadow area is created and maintained. 10. Prior to the commencement of the works hereby approved, details for the designated quarantine area for non-conforming waste on the site shall be submitted to and approved in writing by the department. The quarantine area shall be provided in accordance with the approved details, and shall thereafter be retained as such. Reason: To ensure that provision is made for the separation and removal of non- conforming wastes from the site. 11. No development in connection with the development hereby approved shall be occupied/brought into use unless the proposed foul sewage and surface water drainage system[s] have been provided in accordance with the approved plans A_PL_005 Rev D dated 19.08.21. The foul and surface water drainage system[s] shall be permanently retained thereafter in accordance with the approved scheme. Reason: In order to ensure that adequate drainage facilities are provided, and retained, in the interests of the amenity of the area and to ensure the development accords with the provisions set out at 4.3.1 - 4.3.3 of the Environmental Impact Assessment. 12. Prior to the commencement of the development hereby permitted, a queue management strategy shall be submitted to and approved in writing by the Department. The strategy shall include details of both staff parking and any work vehicles. The strategy shall be implemented and thereafter retained. Reason: To ensure that the development will not compromise the free flow of traffic or highway safety during the operational phase of the development. 13. The timing of works during the construction phase of the development shall only be as per paragraphs 4.7.1 of the Environmental Impact Assessment received on 24.06.2021.
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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 local amenity and to ensure that the stipulated timing of works in the Environmental Impact Assessment is implemented. 14. The development hereby approved shall not be in operation outside the following times: Summer Hours (commencing the first Saturday in April until the last Sunday of September): o Monday to Saturday 08:00 - 19:00 o Sundays and Bank Holidays 08:00 - 16:00 Winter Hours: o Daily 08:00 - 16:00 The Site will be closed on Christmas Day, Boxing Day, New Year's Day and Tynwald Day. Reason: In order to maintain the amenities of the area. 15. No development shall commence until a scheme for the provision of the bird and bat boxes shown in Appendix 4 of the Request for a Scoping Opinion received 24 June 2021, has been submitted to the Department for approval. The details shall include a plan showing their location on site, and the buildings, structures or features they are to be attached to. The works to install the bird/bat boxes shall take place strictly in accordance with the approved details and shall be completed before the first occupation of the development. The bird/bat boxes shall be permanently retained in accordance with the approved details. Reason: To safeguard a statutorily protected species. 16. No part of the development hereby approved shall be occupied / brought into use until the proposed energy strategy set out in the Energy Impact Assessment/Statement (Appendix 1) of the Planning Statement received 24 June 2021, and is installed and fully operational. These measures shall be retained in place and fully operational thereafter. Reason: to ensure this development complies with the energy efficiency requirements of the Strategic Plan and to future proof the development. 17. The development hereby approved shall not be occupied or operated until the access, pedestrian and vehicle layout have been provided to accord with the Revised Proposed Site Plan Drawing No: AL PL 001 Rev H date stamped and received 19 August 2021. Such areas shall not be used for any purpose other than pedestrian movements and the access, parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times. Reason: In the interests of highway safety. 18. Prior to the erection of the proposed gate cabin details of its design, location, colour, materials shall be submitted to and approved in writing by the Department. Once provided/constructed the cabin shall thereafter be retained as per the approved details. Reason: For the avoidance of doubt and to ensure the design is appropriate and in the interests of the visual amenity of the area. 19. The recycling store shown on Drawing No. A_PL_001 Rev H shall only be used for the purposes of drop of and pick up of items, no recycling shall take place on site. Reason: For the avoidance of doubt.
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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 20. No works in connection with the development hereby approved shall commence until details of the proposed retaining walls, including as a minimum height and materials as shown on Drawing No. A_PL_001 Rev H have been submitted to and approved in writing by the Department. The retaining walls shall be carried out in accordance with the approved scheme and thereafter retained. Reason: To ensure the implementation and management of a satisfactory scheme and in the interests of the visual amenity of the area. 21. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 or any order amending, revoking or re-enacting that Order no means of enclosure or fences, walls and gates, other than that shown on Drawing No. A_PL_001 Rev H and approved under condition 21 shall be erected on the site under the terms of Class 39 of Schedule 1 to that Order without an express grant of planning approval from the Department. Reason: In the interests of the character and appearance of the development. 22. Notwithstanding the information shown on the approved drawings all fencing should be paladin fencing. The fence shall be dark green in colour. To ensure the implementation and management of a satisfactory scheme of landscaping which will help to integrate the proposed development into the local landscape in the interests of the visual amenity of the area. 23. Prior to the commencement of the development hereby approved, details of Staff Cycle storage and changing facilities, and staff EV Charging points shall be submitted to and approved in writing by the Department. The Staff Cycle storage and changing facilities, and EV Charging points shall be provided strictly in accordance with the details, and thereafter retained as such. Reason: to ensure this development complies with the energy efficiency requirements of the Strategic Plan and to future proof the development. 24. The cladding and roof finish of the building must be coloured olive green or as otherwise approved by the Department and retained as such. The gantries (including the galvanised steel frames and balustrades) shall be retained in galvanised finish. Reason: to minimise the visual impact of the development on the surrounding area. This approval relates to the plans and documents received 23 December 2022. This decision has been made for the following reasons(s) On balance, and for the reasons set out in this report, it is considered the proposal would comply with the relevant policies as indicated within the Isle of Man Strategic Plan and would align with the principles of the Isle of Man Waste Policy and Strategy and the Area Plan for the East, and is not considered to have so great an impact on the surrounding area and its residents to justify a refusal. The proposal is considered worthy of support and is recommended for approval subject to conditions which have been referred to in the report. Date of Issue: 20th June 2023
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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 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 £335); 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 £125). 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 (should one have been received) 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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