89004

==== PAGE 1 ====

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 Dandara Commercial Limited Dandara Group Head Office IoM Business Park, Cooil Road Braddan IM2 2SA 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 Dandara Commercial Limited, Ref 23/00168/B, for the Erection of 45 industrial/storage & distribution units in four separate blocks at Vacant Land Between Balthane Park Industrial Estate And New By-Pass Road Douglas Road Ballasalla 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. Notwithstanding the meaning of development in Section 6 of the Town and Country Planning Act 1999 or any act revoking or re-enacting that Act, no mezzanine floor shall be constructed without a further application for planning approval being submitted and approved. REASON: the parking provision is considered acceptable on the basis of the floor area of the proposed units as shown in the submitted plans and on only one floor of accommodation per unit. 3. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the units hereby approved shall only be used for General industrial (Class 2.3) and/or Storage/distribution (Class 2.4) and for no other purpose at any time. REASON: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration.

==== PAGE 2 ====

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 4. The development hereby approved shall not be occupied or operated until the pedestrian and vehicle arrangements have been provided in accordance with the approved plan (APL_310 P4). Such areas shall remain free from obstruction thereafter and remain available to the users of the corresponding industrial unit. REASON: To ensure that sufficient provision is made for off-street parking and turning of vehicles, and pedestrian movements in the interests of highway safety. 5. The development shall be implemented strictly in accordance with the drainage plans/details referenced; ADR_500 Rev.D. No part of the development shall be occupied until the agreed drainage strategy has been implemented. The drainage system shall be permanently retained thereafter in accordance with the submitted details REASON: In order to ensure that adequate drainage/flood control measures/facilities are provided, and retained, in the interests of the amenity of the area. 6. The development hereby approved shall not be occupied or operated until the vehicle parking and turning areas have been provided in accordance with approved plans and the parking and turning areas shall thereafter be kept available for the parking and turning of vehicles associated with the development. REASON: In the interests of highway safety. 7. There shall be no obstruction to visibility splays higher than 1.05m above adjoining road level forward of a line drawn 2m back from the nearside carriageway edge at the centreline of the access extending 36m in each direction. Such visibility splays shall be provided before the construction of the buildings hereby approved is commenced and shall be permanently maintained free of obstruction thereafter. REASON: In the interests of highway safety. 8. The external cladding shall be as per drawings referenced; BSA_APL_322 P3; BSA_APL_323 P3; BSA_APL_324 P3; BSA_APL_325 P3, unless otherwise approved in writing by the Planning Authority. REASON: To ensure a uniformed high quality appearance throughout the development. 9. All planting shall be carried out in accordance with the approved details in the next available planting and seeding seasons. Any tree or shrub which within a period of 5 years from the completion of the landscaping works, is removed, or becomes seriously damaged or diseased shall be replaced in the next planting season with another similar size and species, unless the Planning Authority gives written consent to any variation. REASON: To enhance the character of the area 10. No items of machinery or any equipment or other goods shall be kept outside of any buildings and all activities shall be undertaken within the buildings unless otherwise agreed in writing by the Planning Authority. REASON: To protect the neighbouring amenity and parking areas 11. No external lighting shall be permitted except that as approved as part of a lighting scheme to be submitted to and approved by the Planning Authority. REASON: In the interest of the neighbouring amenity

==== PAGE 3 ====

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 12. The buildings shall be used only from Monday to Saturdays inclusive and no business shall be carried out therein on Sundays or Bank Holidays unless otherwise agreed in writing with the Planning Authority. REASON; To safeguard the character of the area 13. Noise levels from any plant, processes or equipment at the proposed industrial development measured at neighbouring residential premises including gardens, between the hours of 0700 - 2000 hrs (day-time) shall not exceed 50 dB LAeq, 1 hour; and noise levels from any plant, processes or equipment at the proposed industrial development measured at the external facade of neighbouring residential premises, between the hours of 2000 - 0700 hrs (night-time) shall not exceed 45 dB LAeq, 5 minute. REASON: To safeguard the residential amenity of the neighbouring properties. 14. All existing hedges shown on the site as being retained must, prior to the commencement of any excavation or building work on site, be protected by the erection of protective fencing. During construction no building, storage, or excavation may be undertaken within the protected areas unless authorised in writing by the Planning Authority. REASON: In the interest of the visual amenities of the area. 15. Prior to the commencement of development a boundary plan showing details of a masonry constructed wall to screen how the open spaces to the front of the parking (north) is to be secured between the buildings, shall be submitted and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. REASON: In the interests of the character and appearance of the site and surrounding area. 16. The proposed wildflower grass seed mix as detailed on drawing referenced APL_330 RevP6, shall now use the amended see mix labelled "the woodland wildflower mix" as specified in the applicant's email of 20th June. REASON: In the interests of improved grassland and Biodiversity encouragement. 17. Prior to the occupation of any of the units hereby approved, a plan showing details and the location of the petrol and oil interceptors shall be submitted to and approved in writing by the Department. The development shall be undertaken in accordance with the approved details and maintained as such thereafter. REASON: To ensure no site pollution entering the water course. 18. Prior to the commencement of the development hereby approved a Construction Method Statement (CMS), to be provided to the Department for written approval prior to any works, including clearance and enabling works, taking place. The CMS will need to contain details of controlling any offsite pollution of the Ronaldsburn River, including sediment control measures to prevent any run off from the site during periods of adverse weather/rainfall during the construction process. The works will be carried out in accordance with the approved details. REASON: To prevent any contamination downstream of the Ronaldsburn River.

==== PAGE 4 ====

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 relates to drawings received on 10 February 2023, referenced; APL_300 location plan APL_305 P1 site as existing APL_310 P4 site plan as proposed APL_330 P6 landscape BSA_APL_322 P3 Block L BSA_APL_323 P3 Block M BSA_APL_324 P3 Block N BSA_APL_325 P3 Block X APL_331 P3 bat & bird boxes APL_332 P2 cycle storage APL_335 P2 refuse tracking APL_336 P2 articulated tracking ADR-500 D drainage layout A Planning Statement A Transport Assessment NOTE The new accesses and footway works will require a separate permission from Highways under a s109(A) Highway Agreement with a S4 for the adoption of the proposed footway after grant of any planning consent. This decision has been made for the following reasons(s) The development complies with Employment Proposal 1, and Landscape Proposal 19 of the Area Plan for the South, and with General Policy 2, Strategic Policy 6, Strategic Policy 10, Business Policies 1 & 5 and Transport Policy 7 of the Strategic Plan. Date of Issue: 25th August 2023 J CHANCE Director of Planning and Building Control

==== PAGE 5 ====

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.