**Document:** DEC Decision Notice **Application:** 22/01264/B — Construction of Douglas Promenade Wave Overtopping Wall **Decision:** Permitted **Decision Date:** 2023-06-20 **Parish:** Braddan **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/9636-braddan-douglas-and-loch/documents/961284 --- # DEC Decision Notice Department Of Infrastructure Sea Terminal Douglas, Isle of Man IM1 2RF 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 Of Infrastructure, Ref 22/01264/B, for the Construction of Douglas Promenade Wave Overtopping Wall at Douglas Promenade And Loch Promenade Adjacent To Bottleneck Carpark Douglas IM1 2RF . 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. - 2. For the avoidance of doubt, no approval is hereby given for any works to extend the height of the wall to more than 1.2 metres above the height of the promenade walkway. Reason: For the avoidance of doubt, as the application makes reference to a potential future extension to the height of the wall by an additional 0.6 metres and this would require a separate application. - 3. For the avoidance of doubt, no approval is hereby given for any works outside the site boundary shown in red on the location plan (Drawing No. 102 date stamped as having been received on 02.07.19). Reason: For the avoidance of doubt, as the application makes reference to a potential future extension to the length of the wall and this would require a separate application. - 4. The wall hereby approved shall include flap valves as shown on Drawing No. 103 Construction details for Proposed Wall; and, as set out in the 5th paragraph of section 8 of the Environmental Statement (date stamped as having been received on 08.03.2023). Reason: To ensure that the proposed mitigation in relation to overtopping is fully implemented. - 5. Prior to the commencement of the development hereby approved, the details of the fixings for flag poles and life belts as set out in the 2nd paragraph of section 9.3 of the Environmental Statement (date stamped as having been received on 08.03.2023) shall be submitted to and approved in writing by the Department, and the development shall be carried out in accordance with the approved details. Reason: To ensure that adequate provision is made for flag poles and life belts. - 6. The mitigation measures set out in section 9.1 and Appendix E of the Environment Statement (date stamped as having been received on 08.03.2023) shall be fully implemented. Reason: To ensure that the proposed mitigation in relation to biodiversity is fully implemented This approval relates to the following plans and information: - - Location Plan - Drawing No 101 - - Bottleneck Car Park Plan and Elevation - Drawing No 102 - - Construction Details for Proposed Wall - Drawing No 103 - - Planning Statement of Case - Issue 1 - 29th June, 2022 all date stamped as having been received 07.10.22; and, - - Environment Statement Douglas Promenade Wave Overtopping Prevention Wall form the Sea Terminal Building to the TT Café at the Bottleneck car park - Date: March 2023. date-stamped as having been received 08.03.2023. This decision has been made for the following reasons(s) Overall it is concluded that the planning application accords with the provisions set out in Strategic Policies 1, 4 and 8; Spatial Policy 6; General Policy 2, Environment Policies 10, 11, 12, 13, 22, 35, 41, 42 and 43 of the Isle of Man Strategic Plan 2016. Date of Issue: 20th June 2023 ## Director of Planning and Building Control 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. --- *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/9636-braddan-douglas-and-loch/documents/961284*