**Document:** DEC Decision Notice
**Application:** 20/01010/B — Alterations to existing business park estate road, creation of parkland and associated landscaping, external lighting and formation of accesses to two existing development plots
**Decision:** Permitted
**Decision Date:** 2021-01-12
**Parish:** Malew
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/6757-malew-ronaldsway-business-park-alteration/documents/923591

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# DEC Decision Notice

Savage & Chadwick Armitage House Lord Street Douglas Isle Of Man IM1 1LE

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 Department For Enterprise, Ref 20/01010/B, for the Alterations to existing business park estate road, creation of parkland and associated landscaping, external lighting and formation of accesses to two existing development plots at Ronaldsway Business Park Ronaldsway Ballasalla Isle Of Man IM9 2SE .

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. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, 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 landscaping scheme may not include cotoneaster which is a Schedule 8 species in the Wildlife Act 1990.

Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.

- 3. Prior to the commencement of any works outwith the highways as hereby approved, there must be approved by the Planning Committee a Precautionary Working Method Statement in respect of common lizard by a suitably qualified ecological consultancy and this has been submitted to and approved in writing by the Department and that the development shall be undertaken in accordance with the approved mitigation measures and maintained as such thereafter.

- Reason: to ensure that protected species are protected during the construction.
- 4. Prior to the commencement of any works hereby approved other than within the highway, there must be submitted to and approved in writing by the Department a bat survey including any proposed mitigation and the development must be undertaken in accordance with these details. Reason: to ensure that protected species are not affected by the development.
- 5. Prior to the commencement of any works hereby approved there must be approved in writing by the Department a lighting strategy which demonstrates how the site and its highway will be lit without adversely affecting the ecology of the site and the development must be undertaken in accordance with these approved details.

Reason: whilst there was a lighting drawing submitted with the Design Access Statement, this was not submitted to scale or at a size which enabled complete legibility.

This decision relates to the following drawings 10-00, 1003, 1050, PL442-01 G, PL442-02, PL442-04, PL442-05, PL442-06A, WIE 0700 95 001 A02, WIE 0100 92 001 A02, WIE 0100 95 001 A01, WIE 0100 95 004 A01

- WIE 0100 95 007 A01,
- WIE 0100 95 008 A01,
- WIE 0100 95 009 A01
- WIE 0100 95 010 A01
- WIE 0100 95 011 A01
- WIE 0100 95 012 A01
- WIE 0100 95 013 A01
- WIE 0100 95 014 A01 WIE 0100 95 014 A01 WIE 1100 95 001 A02 WIE 1200 95 001 A02 Design Access Statement Flood Risk and Drainage Strategy Report Stage 1 Road Safety Audit Transport Statement all received on 2nd September, 2020

WIE 0000 95 010 A02, WIE 0000 95 011 A02 and WIE 0000 95 015 A02 all received on 07.10.20

Ground mounted solar array additional information received on 15.10.20 SC1561/P/12-10 received on 05.11.20 PL442-03B, WIE 0100 95 002 A04, WIE 0100 95 005 A03 received on 1st December, 2020.

NOTE It should be noted that as revised, the proposal does not raise significant road safety or highway network efficiency issues up to the provision of 35,000sqm of target commercial use for research and development or industrial floor space. Above this floor space threshold, further mitigation can be expected to be necessary and would be subject

to separate transport assessment (s) and planning application(s). This should be acknowledged in any application for the development of either of the plots referred to in this application.

NOTE It should be noted that in the Area Plan for the South, the site is designated for Business Park purposes: Business Park development can be defined as land for light industrial purposes, warehousing, new technology companies involved in scientific, commercial, or industrial research or development and office accommodation as the Corporate Headquarters of companies having multiple and diverse interests (but excluding financial/professional services to visiting members of the public); buildings should be set in parkland which should dominate the landscape (taken from Appendix 1 - 'Definitions' - The Isle of Man Strategic Plan, 2007. This should be acknowledged in any application for the development of either of the plots referred to in this application.

This decision has been made for the following reasons(s) The works will be largely in accordance with the land use designation and the proposed landscaping will enhance the area ecologically and visually. The proposal is considered to be in accordance with General Policy 2, Employment Policy 3 and Business Policy 7 of the Strategic Plan and the Area Plan for the South including Landscape Proposal 24.

Date of Issue: 12th January 2021

## Director of Planning and Building Control

Guidance Note

This decision was made by the Head of Development Management 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 £285); 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 £100). 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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*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/6757-malew-ronaldsway-business-park-alteration/documents/923591*