DEC Decision Notice

Aecom Ms Niamh Sheehy 1 Tanfield Edinburgh EH3 5DA

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 Manx Utilities, Ref 23/00988/B, for the Installation of service reservoir and connecting pump station with associated access, boundary fencing and landscaping at Land West Of Jurby Medical Centre (Former Jurby Camp) Jurby Industrial Estate Jurby Isle Of Man IM7 3BZ .

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. Prior to the commencement of the development hereby approved details of the security fencing shall be submitted to and approved in writing by the Department. No fencing/walling/gates shall be erected at the site other than in accordance with the approved details. Reason: In the interest of visual amenity and for the avoidance of doubt.
• 3. Prior to the commencement of the development hereby approved 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 grassed areas and new 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 or the occupation of the dwelling, 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.

The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted. No excavation works or changes to site levels shall be carried out other than in accordance with the approved details.

Reason: In the interests of visual amenity and ecology.

• 4. Prior to the commencement of development the following details shall be submitted to and approved in writing by the Department and the development shall not take place unless in accordance with those details:

• o a species-rich grassland translocation/re-use plan, written by a suitably qualified ecological consultancy, containing a methodology for the removal and re-use of the speciesrich grassland turfs on top of the new service reservoir;
• o a species-rich grassland management plan written by suitably qualified ecological consultancy, detailing how the reservoir area is to be managed going forward for the benefit of its floral interest; and
• o a Construction Environmental Management Plan (CEMP) setting out Reasonable Avoidance Measures (RAMs) for common lizards written by a suitably qualified ecological consultancy, which details the measures that are to be put in place to protect the surrounding habitats from damage during construction and to ensure that lizards and breeding birds are not harmed by construction activities. Reasons: In the interests of biodiversity, protected species and tree preservation.

• 5. The development hereby approved shall not be bought into use unless the mitigation measures are provided as set out in Section 5.3 of the Flood Risk Assessment by Aecom dated 15 September 2022 and retained as such thereafter. Reasons: To ensure the flood risk mitigation is implemented This decision relates to the following plans/drawing/information:

• o A Planning Application Form
• o Covering letter
• o Planning Statement and supporting appendices (Appendix A - Strategic Plan 2016 Policy Assessment, Appendix B - Ecological Surveys and Assessments, Appendix C - Flood Risk Assessment and Appendix D - Sites Photos)
• o JURBY - ACM- ZZ- XX-DR -C- 1001 (P04) - Location Plan and Site Boundary
• o JURBY - ACM- ZZ- XX-DR -C- 1002 (P05) - SR - Site Layout
• o JURBY - ACM- ZZ- XX-DR -C- 1003 (P06) - SR - Plan
• o JURBY - ACM- ZZ- XX-DR -C- 1004 (P06) - SR - Sections
• o JURBY - ACM- ZZ- XX-DR -C- 1005 (P06) - SR - Elevations

This decision has been made for the following reasons(s) On balance it is considered that the proposal does not comply with the existing zoning or the detail of the exceptions in the Strategic Plan, but given the unusual planning policy situation for the site and need for the proposal it is not considered that this is in itself sufficient grounds for refusal. There is strong policy basis (including the Strategic Plan), for supporting housing and employment growth at Jurby, and infrastructure constraints have been identified which this application seeks to address. The potential visual/amenity, flooding and tree impacts have been sufficiently mitigated and no other reasons for refusal have been identified.

Date of Issue: 21st November 2023

J CHANCE 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.