**Document:** Planning Decision Notice Conditions **Application:** 20/01467/B — Erection of a building to provide exhibition space, retail, apartments and restaurant with associated parking spaces (relating to PA 19/00373/A) **Decision:** Permitted **Decision Date:** 2022-09-13 **Parish:** Rushen **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/8062-rushen-marine-biological-station-breakwater-road-apartment/documents/1579710 --- # Planning Decision Notice Conditions Furthermore, before the apart-hotel units are brought into use, a management plan detailing the booking system for the serviced apartments shall be submitted to and agreed in writing by the Department. - The plan shall include: - the maximum permitted stay in the serviced apartments, - a system for keeping a register of customer bookings and a means by which the Department can check the register to ensure that the maximum permitted stays are enforced. These registers shall be kept for not less than two years from the date of the last entry and shall be made available to be inspected by the Department upon reasonable demand. The units shall be operated in accordance with the approved management plan. Reason: to ensure that the development is only used and occupied as short-let holiday accommodation during the holiday season and to maintain the availability of the units as short term holiday accommodation during holiday season. ### Removal of Permitted Development Rights 27. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 or any order amending, revoking or re-enacting these Orders, the shop in Block C hereby approved shall be used only for the purpose hereby approved and shall not be used for any other purpose within Use Class 1.1 without the express grant of planning approval from the Department. Reason: To enable the Department to consider the implications of any subsequent change of use on the amenities of the area and the impact of the change on the relevant policies including Development Brief 22 of Area Plan for South (2016). 28. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2012 or any order amending, revoking or re-enacting that Order no means of enclosure, other than that shown on the approved plans and other documents listed on this decision notice, and any drawings approved subsequently in writing by the Department pursuant to any conditions on this decision notice, 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. ### Opening Hours 29. Customers shall not be permitted within the proposed restaurant/pub hereby approved in Block D between the hours of Midnight to 6am Monday to Friday; Saturday & Sunday. Reason: To protect the environment of people in neighbouring properties. ### Noise and Insulation 30. No development shall take place in relation to Block D before a scheme detailing the insulation between the ground floor (restaurant/pub) and the mezzanine floor against the transmission of noise and vibration has been submitted to and approved in writing by the Department. The approved scheme shall be carried out before the use/operation commences, and be thereafter maintained. Reason: To protect amenities of the aparthotel by ensuring measures are implemented to avoid any noise nuisance. ## Ventilation 31. No development shall take place before a scheme detailing all plant, machinery, chimneys, ducting, filters or extraction vents to be used in connection with the pub/ restaurant use have been submitted to, and approved in writing by, Department. The scheme shall be implemented prior to the use commencing and be so retained. Reason: To satisfactorily protect the character and appearance of the area and to ensure that the development is carried out to the highest standards of architecture and materials and in the interests of the character and appearance of the development. ## Refuse Storage 32. Prior to occupation and / or use of each Block, or in accordance with the details approved under the phasing plan, the refuse stores shall be provided in accordance with the approved details and shall be permanently retained thereafter and solely for the purpose of refuse storage. Reason: to ensure the satisfactory provision of refuse storage facilities and to safeguard the appearance of the surrounding area. ## Sustainability Measures ### Energy strategy 33. No part of the development hereby approved shall be occupied / brought into use until the proposed community heating system incorporating air source heat pumps system with associated thermal storage and direct electric boiler as set out in Section 5 of the ADDB (Rev B) Energy Strategy Statement 18 August 21, 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. 34. No part of the development hereby approved shall be occupied / brought into use unless the electric vehicle charging points have been provided in accordance with the details Reason: to ensure this development complies with the energy efficiency requirements of the Strategic Plan and to future proof the development. ## Public Open Space 35. No part of the development hereby approved shall be occupied/brought into use until the Public Open Space provisions and associated landscaping, on the leased land north of and adjacent to the building, as shown on drawing 3959 101 [dated 18 August 2021] are completed and available for use and thereafter retained. Reason: An exception has been made on the grounds that the improvement to the current open space is acceptable in lieu of additional provision and to ensure that the Public Open Space is provided in a timely manner and contributes to the creation of a high quality, accessible, safe and attractive public realm. ## Landscaping ### Landscaping Strategy – public areas 36. Notwithstanding the details that have been submitted, the development hereby approved shall not commence until a detailed landscaping strategy and revised planting palette (which removes reference to use of griselinia, buddleia and Stipa tenuissima), has first been submitted to the Department in writing to be agreed. 14 The detailed landscape strategy shall include a detailed landscaping layout, details of planting (no none non-native species), hard surfacing materials, site levels, external lighting, a space-sharing strategy, external cycle parking, public seating and details of all gradients, ramps and steps within publicly accessible areas of the development. Soft landscaping works shall include: planting plans (at a scale not less than 1:100), written specification of planting and cultivation works to be undertaken and schedules of plants, noting species, plant sizes and proposed numbers / densities and a programme for the implementation, completion and subsequent management of the proposed landscaping. Any proposed planting should be in accordance with details contained within the revised Planting Palette - which removes reference to use of griselinia, buddleia and Stipa tenuissima). The hard surfacing details shall include details of planters and samples showing the texture and colour of the materials to be used and information about their sourcing/manufacturer. The lighting details shall include detailed drawings of the proposed lighting columns and fittings, information about the levels of luminance and daily duration and any measures for mitigating the effects of light pollution. The development shall be carried out in accordance with the approved scheme and shall be retained as such thereafter. Reason: To ensure that the development achieves a high standard of design, layout and amenity and makes provision for hard and soft landscaping which contributes to the creation of a high quality, accessible, safe and attractive public realm and that the lighting regime avoids impacts on marine and terrestrial ecology. Maintenance and Ongoing Management 37. Notwithstanding the details submitted, all soft and hard landscaping proposals shall be carried out in accordance with an approved landscape management programme/scheme to be submitted to and approved in writing by the Department and any details pursuant to any other conditions on this decision notice. 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. Once provided, all hard landscaping works shall thereafter be permanently retained. 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. Green roofs and wall 38. The development hereby approved shall not progress beyond ground floor level until details of the provision of green roofs within the development has first been submitted to the Department in writing to be agreed. The green roofs shall be designed to contribute to the creation of appropriate habitats targeted in Biodiversity Action Plan. - The details to be submitted shall comprise: - identification of the roof areas to be used for the provision of green roofs; - details of the planting to be used; and - details of the maintenance including irrigation. - The development shall be carried out in accordance with the details so agreed and shall be retained as such thereafter. Reason: To ensure that the development makes appropriate provision for the protection, enhancement, creation and management of biodiversity ### Rooftop gardens 39. Notwithstanding the details shown on the approved plans, the development hereby approved shall not progress beyond lower ground level until revised details for the approved roof terraces/gardens has first been submitted to the Department in writing to be agreed. The revised details shall include: - A revised layout for each of the roof terraces which contributes to privacy for neighbouring occupiers and comfort for users of the roof terraces; - Hard and soft landscaping details; - Details of measures to address noise levels and wind microclimate; - Details of how inclusive access to and within communal rooftop gardens is achieved; - Details of proposed safety railings - The development shall be carried out in accordance with the details so agreed and shall be retained as such thereafter. Reason: To ensure that the development achieves safe, comfortable and attractive amenity spaces. ### Birds/Biodiversity – demolition and construction 40. No works in connection with the development hereby approved (including demolition, ground works and vegetation clearance) shall commence unless a construction environmental management plan (CEMP) has been submitted to and approved in writing by the Department. The CEMP shall include, but not necessarily be limited to, the following: - risk assessment of potentially damaging construction activities. - Identification of “biodiversity protection zones, such as coastal grassland vegetation and maritime hard cliff and coastal grassland, orchid areas and Port Erin Bay Marine Nature Reserve and specific species to include common lizards, breeding birds, bats”. - 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). - The location and timing of sensitive works to avoid harm to biodiversity features. - The times during construction when specialist ecologists need to be present on site to oversee works. - Responsible persons and lines of communication. - The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person. - Use of protective fences, exclusion barriers and warning signs. - All works carried out during the construction period shall be undertaken strictly in accordance with the approved CEMP. Reason: In the interests of protecting the biodiversity of the environment. ### Bird Strike 41. Notwithstanding the details shown on the approved plans all glass balustrades/balconies shall be installed with measures to prevent bird strikes to be either etchings on the glass or use of ultraviolet decals. Reason: To prevent bird strikes, due to proximity of nearby nesting birds. ### Biodiversity Monitoring, Mitigation and Compensation 42. No works in connection with the development hereby approved (including demolition, ground works and vegetation clearance) shall commence until a biodiversity monitoring and --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/8062-rushen-marine-biological-station-breakwater-road-apartment/documents/1579710*