**Document:** DEC Decision Notice
**Application:** 21/00084/B — Removal of Condition 14 to PA 18/00977/B concerning the flood alleviation storage tank
**Decision:** Permitted
**Decision Date:** 2021-04-12
**Parish:** Braddan
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/7126-braddan-former-eurocars-site/documents/928650

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# DEC Decision Notice

Cornerstone Architects 79 Parliament Street Ramsey Isle Of Man IM8 1AQ

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 Buchanan Services Ltd, Ref 21/00084/B, for the Removal of Condition 14 to PA 18/00977/B concerning the flood alleviation storage tank at Former Eurocars Site, Peel Road Douglas IM10 1MM.

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 hereby approved shall not be occupied or operated until the parking, turning areas, associated access and circulating lanes have been provided in accordance with the approved plans. Such areas shall not be used 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.

- 3. The development shall not be occupied or operated until the bicycle hoops and motorcycling parking bays have been provided in accordance with the approved plans 010 REV J and shall be retained at all times thereafter.

Reason: To promote sustainable travel in the interests of reducing pollution and congestion.

- 4. The development hereby approved shall not be occupied or operated until the "footpath link" and associated access onto the former railway line as shown on drawing 010 REV J has be completed and retained thereafter.

- Reason: to encourage sustainable transport in accordance with the active travel strategy.
- 5. The development hereby approved shall not be occupied/operated until the approved details of additional signage within the site as indicated in the Road Safety Audit and also that proposed by the Department of Infrastructure have been carried out as approved under Planning Application 18/00977/B and retained thereafter.

Reason: to ensure efficient traffic management within the site in order to minimise adverse impact upon the highway.

- 6. No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

- 7. The arboricultural method statement approved under Planning Application 18/00977/B, which includes adequate details of site supervision by a suitably qualified and experienced tree specialist, and has been prepared in accordance with the recommendations of British Standard BS5837:2012 (Trees in relation to Design, Demolition and Construction -Recommendations) is required to be full adhere to. be full adhere to.

Reason: To ensure that trees marked for retention are adequately protected, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

- 8. The arboricultural method statement approved under condition 7 of Planning Application 18/00977/B, which included site supervision by a suitably qualified and experienced tree specialist, shall be adhered to in full.

Reason: To ensure that the development is implemented in accordance with the approved protection measures and construction methods and that professional technical advice is on hand to deal with problems that arise or modifications that become necessary and to avoid any irreversible damage to retained trees.

- 9. The completed schedule of site supervision and monitoring of the arboricultural protection measures, as approved in condition 7 of Planning Application 18/00977/B, shall be submitted for approval in writing by the Department in accordance with the timescale agreed in the Arboricultural Method Statement as per Condition 7 of Planning Application 18/00977/B. This condition may only be fully discharged on completion of the development, subject to satisfactory written evidence of compliance through contemporaneous supervision and monitoring of the tree protection throughout construction by a suitably qualified and pre-appointed tree specialist.

Reason: In order to ensure compliance with the tree protection and arboricultural supervision details submitted under condition 7

### 10. No development shall take place until a technical tree planting specification for 4large-tree within the centre of the site (as discussed in email chain 17.03.2021) is submittedto and agreed in writing by the Department. This specification shall include:

- a. plan and section drawings for each tree pit which account for below ground anchorage, tree pit surfacing, irrigation and aeration aids, the need for geotextiles and root barriers, and the amount and distribution of crate system units required.
- b. The species, and (where applicable) cultivar of the trees to be planted and the size at date of planting, stated by a height and stem girth range
- c. An approximate timeline for the installation of the tree pit and planting of the trees
- d. Details of how the trees will be maintained until they successfully establish in the landscape and in compliance with Condition 15 of Planning Application 18/00977/B. Reason: to ensure appropriate landscaping is undertaken.

### 11. The Use Classes 1.3 & 1.4, restaurant/drive thru use (KFC unit), hereby approved,shall only be open for use by customers, between the hours of 1100hrs and 2300hrs, 7days a week.

Reason: The application proposes the times listed and has be considered on this basis only and in the interests of the amenity of neighbouring occupants in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016.

### 12. The Use Classes 1.3 & 1.4 , restaurant/drive thru use (Starbucks unit), herebyapproved, shall only be open for use by customers, between the hours of 0600hrs and2200hrs, 7 days a week.

Reason: The application proposes the times listed and has be considered on this basis only and in the interests of the amenity of neighbouring occupants in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016.

### 13. The Use Class 1.1, retail unit (Unit 3), hereby approved, shall only be open for useby customers, between the hours of 0600hrs and 2300hrs Sunday, 7 days a week.

Reason: The application proposes the times listed and has be considered on this basis only and in the interests of the amenity of neighbouring occupants in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016.

### 14. All planting, seeding or turfing comprised in the approved details of landscaping(including tree planting in relation to Condition 6) on plan 010 REV J must be carried out inthe first planting and seeding seasons following the completion of the development or theoccupation of the units, whichever is the sooner. Any trees or plants which die or becomeseriously damaged or diseased must be replaced in the next planting season with others ofa similar size and species.

Details of the hard landscaping works include footpaths and hard surfacing materials which have already been approved under Planning Application 18/00977/B shall be completed in full accordance with the approved details prior to the first occupation of the units hereby permitted.

Reason: To ensure the provision of an appropriate landscape setting to the development.

### 15. The visibility splays identified on plan 013 REV B; shall be constructed in accordancewith the approved plans and thereafter kept permanently clear of any obstruction exceeding1050mm in height above adjoining carriageway level.

Reason: In the interests of highway safety.

- 16. The development hereby approved shall not be occupied or operated until the external lighting as approve under plan 203 (under Planning Application 18/00977/B) and document "External Lighting - dated 20th August 2018" have been completed in full accordance with these plan/document, and they shall be retained as such thereafter.

Reason: In the visual amenities of the street scene and neighbouring amenities and to comply with GP2 & EP22.

- 17. The details approved under Planning Application 18/00977/B for the provisions to be made for the control of noise emissions from the site shall then be implemented in full before the development is occupied and shall be permanently retained thereafter unless otherwise agreed in writing with the Department.

Reason: To reduce the impact of noise beyond the site of the application resulting from the approved development.

- 18. The details approved under Planning Application 18/00977/B for the provisions to be made for the control of odour emissions from the site shall be implemented in full before the development is occupied and shall be permanently retained thereafter unless otherwise agreed in writing with the Department.

Reason: To reduce the impact of odour beyond the site of the application resulting from the approved development.

- 19. The units shall not be operated until the flood resistance and resilience measures as shown on drawings 140 REV C & 207 have been fully installed and retained thereafter. Further the applicants should produce a flood management and evacuation plan which should be made available to the occupants of each unit. Reason: In the interest of flood protection to each unit.

This approval relates to the submitted documents and drawings reference numbers all received;

22ND February 2021

- 011 REV B
- 012 REV B
- 013 REV B 111 REV E 121 REV E 131 REV D 140 REV C

- 200 REV B
- 201 REV B
- 202 REV C
- 203 REV B

- 205 REV B
- 206 REV D
- 207 17TS017-02 CS180323 CS180323/3 601 REV A

A copy of the Good Neighbour Guide The Transport Assessment as amended ref 18-146-001.02 18-146-002.02 18-146-003.01 18-146-004.02 The Tree Survey & Report (Sections 1 & 2) Manx Roots Arb Method Statement Manx Roots Arb Planting Plan 17620 Manx Roots TP- 17620 together with communications between Manx Roots and DeFA forestry relating to tree pit requirements being obsolete. ECT-JBAU-00-00-RP-Z-0001 S3-P01 Planning application review. ESP Technical and operations Manual - Odour Odour control Proposal UVO 1000 and UVO500 Technical operational Manual - Odour KFC KSL Mechanical ventilation - Noise

18th March

- 204 010 REV J

- 10
- 11 REV A
- 12 REV D Planning Statement Relating to Site Drainage The Planning Statement Relating to Flood Risk

This decision has been made for the following reasons(s) It is considered the application would be acceptable, complying with Isle of Man Strategic Plan (adopted 2016) and The Area Plan for the East (2020).

Date of Issue: 12th April 2021

## Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner 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 £295); 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 £110). 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/7126-braddan-former-eurocars-site/documents/928650*