DEC Decision Notice

Hartford Homes Ltd Middle River Douglas IM2 1AL

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 Hartford Homes Ltd, Ref 18/00637/GB, for the Demolition of existing building and substation, and construction of two buildings containing a total of 45 apartments and a restaurant, including car parking, landscaping and new sub-station (in connection with registered building application 18/00638/CON) at Bayqueen Hotel The Promenade Port St. Mary Isle Of Man IM9 5DG subject to compliance with the following condition(s) and notes (if any):

• 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. No site works or clearance shall be commenced until protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) have been erected around any existing trees and other existing or proposed landscape areas as shown in drawing 04. Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works. If there is to be any change in ground level which could potentially harm T25, the area concerned must be hand dug to ascertain whether there are any roots present and prior to the undertaking of any further work in this area, a mitigation strategy must be approved by the Department. The development must be undertaken in accordance with all of the above approved details.

Reason: To ensure that the landscaping shown in the application is implemented and maintained.

• 3. Prior to the commencement of work associated with the development hereby approved, the applicant must have approved a scheme for the introduction and future maintenance of the walls of the building on which there are to be climbing plants, including the species, specification and number of plants to be introduced together with a five year maintenance plan including the replacement of any plants which die or are removed within that time, and provisions for the on-going support and hydration of the plants.

• Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.
• 4. 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 construction and external finish of the buildings with the planting immediately adjacent to each building being carried out following the external completion of the building concerned. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.

• 5. Prior to the occupation of any part of either building hereby proposed, the applicant shall have approved by the Department a scheme to restrict the use of the car park to the south of the building, to users and staff of the restaurant and where the size and height of vehicles is limited to cars rather than larger vans and the development must be undertaken in accordance with these details and shall be retained as such, unless otherwise approved in writing by the Department.

Reason: To ensure that the car park is not used for long stay parking or for the parking of motorhomes or other large vehicles which would have an adverse impact on the outlook and living conditions of those in The Dolphin Apartments and the general character and appearance of the area which is a proposed Conservation Area.

• 6. The windows in the proposed north elevation of the main building, shown shaded in a darker colour on drawing 09A, must be fitted with glass obscured to Pilkington Level 5 or equivalent and retained as such.

Reason: To ensure that the development does not have any adverse impact on the living conditions of those in adjacent property.

• 7. Prior to the installation of any windows in the southern section of the building, which is designed to emulate the existing building on site, details of all windows, their frame material and section as well as the opening style, must be approved by the Department and the development must be implemented in accordance with these details and the windows so retained thereafter.

Reason: To ensure the redevelopment of the Registered Building is of an appropriate quality.

• 8. Prior to the commencement of the development hereby approved, or the submission of any details required to comply with the other conditions set out on this decision notice, the applicant must have approved by the Department a swept path analysis of two vehicles which are at least 5 metres in length passing each other at the entrance/exit of the underground car park serving the front building.

Reason: to ensure that the car park can be safely access and egressed and to ensure that this is satisfied prior to any of the other details being addressed in case the results of the swept path analysis has an impact on the other matters which are to be addressed in other conditions.

• 9. The development hereby approved shall not be occupied or used at any time unless:

• - the bellmouth of the junction of the rear lane with the promenade has been reduced in width and improved pedestrian crossing facilities are in place on the west side of its junction with the rear lane; and
• - the above works have been approved in writing by the Department or included within a Section 109A Highway Agreement. Reason: in the interests of highway safety.

• 10. Prior to the commencement of any built development associated with this approval, the applicant must have approved by the Department details of proposed site levels and the development must be undertaken in accordance with these details.

Reason: to ensure that the gradients of the vehicle manoeuvring areas are appropriate for use by vehicles, cyclists and pedestrians

• 11. Prior to the commencement of any built development associated with this approval, the applicant must have approved by the Department details of refuse collection from the site which demonstrates that refuse vehicles are able to safely access and egress the site and the development must be undertaken in accordance with these details. Reason: to ensure that the site can be adequately serviced.
• 12. The development hereby approved shall not be occupied or used at any time unless signage is in place which identifies the points of vehicular access into and from the site and is in accordance with details which have been approved in writing by the Department. Reason: in the interests of highway safety.
• 13. Prior to the occupation or use of the development hereby approved, visibility splays of 2.4 metres by 43 metres in both directions must be available for the two site accesses onto the promenade in accordance with drawings which have been approved by the Department. These splays must be retained as such thereafter. Reason: in the interests of highway safety.
• 14. Notwithstanding the approved plans or the requirement of any other condition, the boundary wall along the frontage of the site must be no higher than 1 metre when measured from the adjacent highway. Reason: to ensure the provision of adequate visibility splays.
• 15. The area to the south east of the bend shall only be grassed and not planted with trees or shrubs. Reason: to ensure visibility from both sides of the access road.
• 16. Prior to the occupation or use of the building, the parking, access and vehicle, cycle and pedestrian manoeuvring areas must be laid out and suitably hard surfaced as shown in the approved plans (or as otherwise required by conditions set out on this decision notice) and be available for use and retained as such thereafter. Reason: to provide adequate access and sufficient car parking.

• 17. The development hereby approved shall not be occupied or used at any time unless cycle parking is in place and available and is in accordance with details which have been approved in writing by the Department.

Reason: to ensure adequate cycle parking provision in accordance with Government's Active Travel Strategy.

This decision relates to the following drawings: BCA drawing 02A received on 19.06.19 BCA drawings 01J, 03C and 04 all received on 16.08.19

• 01, 03 and 10 allreceived on 19.06.19
• 02A, 04A, 05A, 06A, 07A, 08A, 09A, 11 and 12 received on 16.08.19 and The Tree Survey and Report prepared by Manx Roots dated 14.06.19.

NOTE It should be noted that no approval is hereby granted for the sale board which needs to be considered under the Control of Advertisements Regulations 2013.

Date of Issue: 7th August 2019

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

All correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.

https://www.gov.im/planningapplication/services/planning/search.iom This decision refers only to that applied for under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

•  Payment of a planning appeal fee as prescribed in the current Fees Order;
•  The reasons for making the appeal; and
•  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

PleasenotethatifthecountercopyoftheapplicationisnotcollectedwithinTHIRTY DAYS following the last date on which a planning appeal can be made it will be destroyedwithoutfurthernotice.