**Document:** DEC Officer Report
**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:** report / officer_report
**Source:** https://planningportal.im/a/7126-braddan-former-eurocars-site/documents/928679

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# DEC Officer Report

**Application No.:** 21/00084/B
**Applicant:** Buchanan Services Ltd
**Proposal:** Removal of Condition 14 to PA 18/00977/B concerning the flood alleviation storage tank
**Site Address:** Former Eurocars Site, Peel Road Douglas IM10 1MM Principal Planner: Mr Chris Balmer
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 12.04.2021 _________________________________________________________________

## Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

- C 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.

- C 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.

- C 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.
- C 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.

- C 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.

- C 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.

- C 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.

- C 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.

- C 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 preappointed tree specialist.

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

- C 10. No development shall take place until a technical tree planting specification for 4 largetree within the centre of the site (as discussed in email chain 17.03.2021) is submitted to 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.

- C 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, 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.

- C 12. The Use Classes 1.3 & 1.4 , restaurant/drive thru use (Starbucks unit), hereby approved, shall only be open for use by customers, between the hours of 0600hrs and 2200hrs, 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.

- C 13. The Use Class 1.1, retail unit (Unit 3), hereby approved, shall only be open for use by 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.

- C 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 in the first planting and seeding seasons following the completion of the development or the occupation of the units, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a 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.

- C 15. The visibility splays identified on plan 013 REV B; shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level. Reason: In the interests of highway safety.
- C 16. The development hereby approved shall not be occupied or operated until the external lighting as approved 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.

- C 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.

- C 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.

- C 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 application has been recommended for approval for the following reason. 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).

### Plans/Drawings/Information;

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 _______________________________________________________________

### Interested Person Status – Additional Persons

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

Flood Risk Management (DOI) Manx Utilities _____________________________________________________________________________

### Officer’s Report

THE PLANNING APPLICATION IS NOT REQUIRED TO GO BEFORE THE PLANNING COMMITTEE GIVEN THE PROPOSAL IS CONSIDERED TO BE A MINOR AMENDMENT TO PREVIOUSLY APPROVED SCHEME

1.0 THE SITE - 1.1 The site which is the Former Eurocars Site, Garage Showroom Workshop and Premises located on the western side of Peel Road and to the east of the former railway line (not within application site) and The Bowl within Douglas. The site is rectangular in shape and measures approximately 0.7 hectares (1.7 acres) in size. The site ground level is set below the Peel Road level and the ground level gently falls from the north and west boundaries of the site to the south-western corner of the site, which is its lowest point. The former Eurocars buildings have been demolished. - 1.2 Access into the site is via an existing vehicular access directly from Peel Road along the western boundary of the site.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the removal of Condition 14 to PA 18/00977/B concerning the flood alleviation storage tank. This condition stated: "The development hereby approved shall not be occupied or operated until the underground flood alleviation storage tank beneath the car park and in accordance with the Planning Statement Relating to the "Planning Statement Relating to Flood Risk" and the Flood RiskAdditional Technical Information to Accompany (relating to limited discharge rate as a maximum of 26.4l/s from the attenuation storage tank into the culvert) has all been provided in accordance with the approved plans 12 and it shall be retained at all times thereafter.

Reason: To ensure adequate flood protection of adjacent sites in accordance with Environment Policy 13."

2.2 The applicants explain that: "In discharging the conditions attached to P/A 18/00977/B the circumstances surrounding the Condition 14 were revisited and after careful consideration the requirements of Manx Utilities (MU) were amended. See attached email ref MU Gemma Toher KFC FRA for details of the recommendations. Accordingly, the application for the development has been amended to reflect these recommendations only. The additional information attached is: CA-2874-18-207 Typical flood defence details CA-2874-18-140 Entrance door threshold detail

Amended details include the removal of the Storm Water storage tank which formed part of the original application. These are identified on Site Plan CA-2874-18-010 Rev G and BB consulting drawings.

The information submitted also includes all aspects of submissions to discharge the previous planning approvals."

2.3 For information the original application 18/00977/B was sought and was approved for the erection of two detached buildings (Class 3) for the consumption of food and drink on and off the premises with associated drive through, erection of a detached building to provide two commercial units (Class 1) and creation of car parking, lighting, landscaping and access and a new sub-station. It should be noted the unit with two commercial units within the original approval have benefitted from a further planning approval (20/01174/B) to be used as a single unit for that a further application for the consumption of food and drink on and off the premises (Class 3 or 1.3 under new Use Classes).

3.0 PLANNING HISTORY - 3.1 Erection of two detached buildings (Class 3) for the consumption of food and drink on and off the premises with associated drive through, erection of a detached building to provide two commercial units (Class 1) and creation of car parking, lighting, landscaping and access. Creation of new sub-station - 18/00977/B - APPROVED - 3.2 External modifications to previously approved Unit 3, including the relocation of parking bays and the change in proposed use from Retail/Commercial to Food and Drink - 20/01174/B

## - APPROVED

4.0 PLANNING POLICY - 4.1 The application site under the Area Plan for the East 2020 is within an area designated as a "Mixed Use Proposals Area" - "8(c). Riverside Gateway" and also within a Comprehensive Treatment Area Proposal 4 which includes this site and all sites to the north of the site (running along Peel Road) up to and including the Quarterbridge Pub and south of this site including the IOM Newspaper Building/Odd Bins. The site is neither within a Conservation Area nor within an area designated as Natural Conservation Zones, Nature Reserves and Sites of Ecological Importance for Conservation.

- Area Plan for the East 2020
- 4.2 Comprehensive Treatment Area Proposal 4 - Peel Road (West) (area is shown on Map

5) states:

"This mixed use area currently comprises some office, leisure, food and drink uses in the form of a drive-through, plus a petrol station and a fire station. With the relocation of car sales to a new showroom a large part of the area is vacant and the remaining land is under-used. The site is served by numerous accesses. To the rear (west) of the site is the NSC. The area would benefit from improvements to increase density of development whilst improving access, flood mitigation and furthering the Heritage Trail through to Douglas Quayside.

CTA Proposal 4 - Peel Road West (Treatment Plan) Development of this area could include leisure and retail warehouse (bulky goods). New uses shall be assessed taking into account accessibility, highway impact, design, visual impact and flood mitigation. Provision for a cycle route to link to the Heritage Trail shall be included."

4.3 Mixed Use Proposal 8c states; "There will be a presumption in favour of retail warehouse (bulky goods) and leisure uses. Any proposed development should provide for improved pedestrian and cycle links and environmental enhancement alongside the River Glass, a flood risk assessment and highway impact assessment. Comparison goods retailing will not generally be supported." - 4.4 Paragraph 9.11 of the Area Plan of the East also states; "Development in areas of 'mixed use' There are a number of areas of 'mixed use' outside of Douglas town centre. Some are identified by a site number on the Maps and others are not, for instance Village Walk in Onchan does not have a site number.

Development types within areas of mixed use generally comprise a variety of different but compatible uses. Appropriate new uses may include a mix of shops and some services (financial and professional), food and drink, office and light industry, research and development, tourist and residential uses, and other uses such as clinics or health centres, childcare or education, community facilities, and places of assembly and leisure. Uses which are not compatible with residential development will generally not be supported within the areas of mixed use."

Isle of Man Strategic Plan (adopted 2016)

4.5 In light of the above, it is considered the policies from the Isle of Man Strategic Plan (adopted 2016) set out below are relevant in the determination of this application. - 4.6 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

- (a) is in accordance with the design brief in the Area Plan where there is such a brief;
- (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
- (c) does not affect adversely the character of the surrounding landscape or townscape;
- (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
- (e) does not affect adversely public views of the sea;
- (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
- (g) does not affect adversely the amenity of local residents or the character of the locality;

- (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
- (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
- (j) can be provided with all necessary services;
- (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
- (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
- (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
- (n) is designed having due regard to best practice in reducing energy consumption."

4.7 Environment Policy 10 states: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4." - 4.8 Environment Policy 13 states; "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted." - 4.9 Environment Policy 22 states: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:

- i) pollution of sea, surface water or groundwater;
- ii) emissions of airborne pollutants; and
- iii) vibration, odour, noise or light pollution."

5.0 REPRESENTATIONS - 5.1 DOI Highways Services have no objection making the following comments (11.03.2021) seeking only a repeat of the previous conditions in relation to parking, visibility splays etc. - 5.2 Douglas Borough Council have no objection (10.03.2021). - 5.3 The Flood Risk management (DOI) make the following comments (17.03.2021):

"Our latest thoughts on this site were issued to Stephen Moore back in December - see attached. Yes, we are satisfied the condition can be removed"

5.4 Manx Utilities have no objection making the following comments (19.03.2021): "Further to our recent exchange of emails in relation to the surface water disposal/ attenuation from the proposed KFC site on Peel Road, I have discussed the matter with BB consulting who are the Engineers for the application.

As detailed in Paul Bergin's email below, various measures have been included within the development proposals (an overall reduction in hardstanding in comparison to original Eurocar site, the inclusion of soft landscaping areas and the inclusion of a large pit @ 200m³) which are deemed satisfactory to MU in reducing the discharge to the Hills Meadow culvert when compared to the original flows from the site."

5.5 The Senior Forestry and Arboricultural Officer (DEFA) has made a number of comments involving the Department and the applicants. Essentially the Officer would like the reinstatement of four large trees at the western end of the two central parking areas, directly in front of unit 3. During the original application they were initially proposed; however, with the inclusion of the tank and the required soil pits depths and sizes required for tree planting in car park environments, it was not possible for the trees to be planted to the correct standard. Accordingly they were replaced with shrubs and four additional trees were planted within the

site. However, given the tank is no longer needed, the Officers conclusions is that (17.03.2021);

"My view is that the 4 large trees shown originally approved site plan 010revC date, stamped 14th December 2018 should be put back in to the landscape design."

- 5.5.1 Further to these comments and amended plans being produced showing the four additional trees, the Senior Forestry and Arboricultural Officer stated (17.03.2021): "The level of detail in these plans is fine to demonstrate the principle of planting in this area and the use of soil cells, but more detail should be requested through a condition to get the technical detail required to ensure successful implementation.

The tree pit cross section is a just a generic drawing available from the manufacturers website and more thought is needed on where the soil cells will be placed. For example, the use of soil cells isn't needed in the open landscaped areas that don't support pedestrian or vehicle traffic; soil cells should be off-set in to the car park spaces to the north-east of the trees, where they need to support the sub-base and tarmac. The trees will then benefit from the soil of the landscape area and the soil available under the adjacent parking space. I would expect the specific design and layout of each tree pit to be slightly different.

Note that the site plan states the trees will be Acer x Fremanii but the cross section drawing states the species will be Alnus Glutinosa. I prefer Freeman maple and the two should match.

The condition used in 18/00977/B was as follows:

No development shall take place until a technical tree planting specification for each of the 4 large-tree planting locations shown on drawing 010revC is submitted to 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. Reason: to ensure appropriate landscaping is undertaken.

Experience has taught me that requesting the technical detail through a condition works better because the people who are actually going to be doing the job (i.e. the principal contractor(s)) need to be involved.

Sorry to be a stickler but I don't want this to be a tick-box exercise, just to get it through the planning processing."

## - 6.0 ASSESSMENT

6.1 The main consideration is whether the removal of the flood alleviation storage tank would increase the likelihood of flooding on and off site through river, tidal or surface water flood water and whether the associated works would have an adverse visual impact upon the street scene. - 6.2 Flood risk from Fluvial (river) - 6.3 The majority of the site (except for eastern boundary and south-east corner) is with a High Risk Fluvial Flood Zone. Therefore there are two main considerations. First are the

- buildings adequately protect from flood events and also will the development while protecting itself, does it result in flood water impacting neighbouring sites.
- 6.4 The previous application proposed floor levels of the building are set at a 10.80 AD02 level, which gives a 0.43m freeboard above the 1 in 100 year flood level. Furthermore the access roads within the site are designed to ensure emergency access is achievable during a flood event. Manx Utilities had no objection to this aspect. Furthermore, in terms of the potential impacts of flooding of neighbouring sites by the development the previously approved application included a flood alleviation storage is proposed via storage tanks beneath the proposed parking area and also within the voids beneath the permeable paving areas. The storage tank was to discharge to the existing surface water culvert in the site as the flood water recedes. Manx Utilities had no objection to this aspect. Hence due to these reason Condition 14 to ensure the tank was installed was attached.
- 6.5 The applicants have stated that: "A full flood risk assessment together with drainage proposals is set out in the application as produced by BB Consulting Engineers Ref: Planning Statement Relating to Flood Risk and Planning Statement Relating to Site Drainage. These incorporate full flood risk assessments and a mitigation proposal including the use of SuDS systems for the disposal of surface water the content of which is clearly set out in the proposals and is to be read in conjunction with the full details. The removal of planning condition 14 relates to the provision of a storm water storage tank. Through careful consideration and assessment, the MU has confirmed an alternative design is appropriate for this site. The amended details are submitted to support this process."
- 6.6 The current submission has comments from Manx Utilities (now the DOI Flood Risk Management Team) which state: "We understand this element is now deemed to impact the overall deliverability of the proposed development. We were approached to consider whether this condition could be lifted. Recent and more detailed hydraulic modelling carried out by JBA Consulting has shown that the proposed storage tank is not required, because flood flows are already stored within the site above ground and with no change / adverse impact to the surrounding areas. For this reason we are satisfied that this condition can be removed."
- 6.7 Accordingly, give these comments and additional comment received in the representation section of this report the Department is satisfied that the flood alleviation storage tank is not required.
- 6.8 It is noted within the same email from Manx Utilities that they comment that: "However, the latest hydraulic modelling with latest flood flow estimates has also shown that the proposed units will still suffer marginally from internal flooding during the 100-year + climate change design flood event (30% added onto flow estimates). With predicted shallow flood depths of less than 300mm. As a result of this JBA made some recommendations which are presented in the below table with wider report attached also. Following many discussions with BB Consulting and Corner stone architects we have concluded that some are unfortunately not feasible due to other planning criteria or further flood risk complications. We have put in bold the recommendations we strongly advise the developer carries out in order to make the site safe in times of flood."
- 6.9 The recommendation suggest possible raising of the ground level; albeit after further consideration as this would increase ground levels in the area this was discounted. However, it was concluded that the three units should add flood resistance and resilience measures into the design of the units. Accordingly, as part of this applications details have been provided for flood defence measures being designed into the doorways/opening of each of the units. Further a flood management and evacuation plan is proposed; albeit this was already proposed in the original application, but it will be updated.

6.10 As confirmed by the Flood Management Team in terms of river/tidal flooding the proposal is acceptable. Surface Water Flooding - 6.11 The next issue is whether the proposal would have an impact upon surface water flooding. On this matter Manx Utilities (drainage) made initial comments raising no concerns as various measures have been included within the development proposals (an overall reduction in hardstanding in comparison to original Eurocar site, the inclusion of soft landscaping areas and the inclusion of a large pit @ 200m³) which are deemed satisfactory to MU in reducing the discharge to the Hills Meadow culvert when compared to the original flows from the site. Visual impact - 6.12 Due to the removal of the tank as outlined in the Senior Forestry and Arboricultural Officer representation, this allows for the original four trees to be added back into the central car park area. It is considered a condition should be attached to deal with this issue. - 6.13 This is the main visual impact to the scheme as the removal of the tank and associated minor flood resistance and resilience measures into the design of the units would be unnoticeable. The introduction of additional trees will increase the amount of vertical landscaping (i.e. height of trees) rather than having more low level scrubs/hedges. It is considered the proposal will have a visual improvement to the site and street scene. It should be noted that the ground level s of the site and the finished floor levels of the building are not being proposed to be altered. - 6.14 Overall, it is considered with an appropriately worded condition to ensure the flood resistance and resilience measures are provided as submitted, the proposal would not have an unacceptable risk from flooding on or off the site and would comply with the relevant policies. OTHER MATTERS - 6.15 It should be noted that a number of prior to conditions of the previously approval have already been approved by the original application. Accordingly, these same conditions (C 5, 7, 8, 11, 12, 13, 12, 16, 17 & 18) are included within the suggested condition again, albeit they make reference to the original approval rather than seeking the same information being submitted again. All other conditions included in the original submission are included again. The exception being condition 19 which is a new condition in relation to flood resilient measures etc. It should be noted that the original application is still the "main" application; albeit this current proposal will issue a new decision notice and have a new expiry date.

## - 7.0 CONCLUSION

7.1 Accordingly, given the reasons stated it is considered the application would be acceptable, complying with Isle of Man Strategic Plan (adopted 2016) and The Area Plan for the East (2018) and therefore the application is recommended for an approval. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

- (a) the applicant (including an agent acting on their behalf);
- (b) any Government Department that has made written representations that the Department considers material;
- (c) the Highways Division of the Department of Infrastructure;
- (d) Manx National Heritage where it has made written representations that the Department considers material;
- (e) Manx Utilities where it has made written representations that the Department considers material;

- (f) the local authority in whose district the land the subject of the application is situated; and
- (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine:

- whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 12.04.2021 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

## Customer note

## This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our onlineservices/customers and archive records.

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