**Document:** DEC Decision Notice
**Application:** 19/01222/B — Erection of two apartment blocks to provide 66 residential apartments with associated car parking, landscaping and drainage infrastructure
**Decision:** Permitted
**Decision Date:** 2020-03-06
**Parish:** Braddan
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/12311-braddan-garage-adjoining-apartment/documents/990341

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# DEC Decision Notice

Dandara Contracting Limited Dandara Group Head Office IOM Business Park Cooil Road Braddan IM2 2SA

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Douglas Borough Council, Ref 19/01222/B, for the Erection of two apartment blocks to provide 66 residential apartments with associated car parking, landscaping and drainage infrastructure at Garage And Adjoining Land Between Former Wool Control Centre & 41 Peel Road Peel Road Douglas Isle Of Man IM1 4LX .

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. Prior to occupation of the first dwelling, the car parking along with access and turning areas shall be constructed as indicated on the approved plans and shall remain as approved for the duration of occupation of the development.

Reason: to minimise on-street car parking that could be detrimental to the operation of the highway.

- 3. Within one month of this decision becoming final a detailed scaled plan shall be submitted in writing to the Department for approval which shows at least 66 spaces for cycles parking within the site. This approved scheme is required to be completed and ready for use prior to the occupation of the first apartment and maintained and retained for cycle parking thereafter. Reason: to encourage sustainable transport in accordance with the active travel strategy

- 4. The development hereby approved shall not be occupied until the visibility splays as indicated on the Site Plan have been provided and these shall have no obstruction greater than 0.9m above back of footway level and no greater than 1.0m above carriageway level. Reason: to ensure highway safety.
- 5. The painting scheme/colours of the two buildings hereby approved and as shown on drawings A_PL_055 & A_PL_056 shall be completed prior to the occupation of any unit and maintained and retained thereafter unless otherwise agreed in writing with the Department.

Reason: In the interest of visual amenities of the street scene and the buildings which will also ensure the terrace affect is created and maintained which is an important aspect of the development.

- 6. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
- 7. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting (including tree planting) showing, type, size and position of each. 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. 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. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the building/s hereby permitted. Reason: To ensure the provision of an appropriate landscape setting to the development.
- 8. This planning approval for 66 apartments can only be taken up by the applicants Douglas Borough Council and may only be occupied for the purposes of Affordable Housing (Public Sector Rentals) as proposed.

Reason: The lack of Public Open Space, Affordable Housing provisions and under provision of off street parking spaces have only been judged acceptable given the Applicant's specific use/needs of the building.

- 9. 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.

- 10. Prior to the commencement of the development hereby approved, the protective fencing shown in the approved Tree Protection Plan (drawing drawing A_PL_058 and AL_PL_058 Rev A - dated as received 4th November and 20th December 2019, respectively) marked as a green line, shall be fully installed and shall be retained for the duration of the construction process.

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.

- 11. The replacement tree planting shall be carried out in accordance with the location and site plan (drawing A_PL_058 and AL_PL_058 Rev A - dated as received 4th November and 20th December 2019, respectively) submitted in support of the application. The planting shall be carried out in the first planting season following the completion of the development. Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased, shall be replaced as is reasonably practicable or in the next planting season with others of similar size, species and number as originally approved, unless the Department gives written consent to any variation.

Reason: To ensure that replacement tree planting takes place to mitigate the tree removal required to facilitate the development

This approval relates to the submitted documents and drawings reference numbers: A_PL_050, A_PL_051, A_PL_052, A_PL_053, A_PL_054, A_PL_055, A_PL_056,

- A_PL_057, A_PL_059 received on 4th November 2019; A_PL_060 received on 5th November 2019;
- A_PL_058 received 4th November 2019 and A_PL_058 REV A received on 20th December 2019;

NOTE The developer would need to enter into a Section 109A Highway Agreement in order to undertake works on the existing highway.

This decision has been made for the following reasons(s) Given the proposal would not have a significant impact upon public or private amenities,whilst re developing a prominent site within Douglas Town Centre within a sustainable location, it therefore complies with the relevant planning polices outlined within the Isle of Man Strategic Local Plan, The Draft Area Plan for the East and The Isle of Man Active Travel Strategy 2018 - 2021.

Date of Issue: 6th March 2020

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 £276); and

election to have the appeal conducted by means of an inquiry(a hearing) or by means of written representation. 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/12311-braddan-garage-adjoining-apartment/documents/990341*