DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/10086/AIR Applicant: Tevir Group Proposal: Information in relation to conditions 6 & 7 for PA 23/01223/B - Bat and Bird surveys for Villiers Square, Fort Street, Douglas. Site Address: Villiers Square Fort Street Douglas Isle Of Man IM1 2AX Planning Assistant: Daniel Spencer Recommended Decision: Permitted Date of Recommendation: 06.09.2024

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

NOTE. The approved documents and plans are deemed sufficient and would be considered satisfactory for the planning conditions 6 & 7 of application 23/01223/B.

Plans/Drawings/Information; This decision is in relation to the following submitted documents:

• o 21141A-56T-P6-ZZZ-D-A-001-P02_Block A Proposed Elevations
• o 21141S-56T-P0-00S-D-A-006-P01_Proposed Site Plan-Roof
• o Villiers Square PRA Final

Which were submitted on the 19.08.2024. __________________________________________________________________________

Officer’s Report

1.0 Description - 1.1 The proposed application 23/01223/B was approved on 22.04.2024 for the construction of mixed use commercial building including commercial office (class 1.2 & 2.1), retail (class

• 1.1) and leisure uses (class 4.4) complete with basement parking, food & drink (class 1.3 and 1.4), and 80 bedroom hotel including restaurant and operational areas (class 3.1) subject to 21 conditions some of which required submission of additional information prior to the commencement of works.

1.2 This report is specific to Conditions 6 & 7 which the applicants are seeking to satisfy. - 1.3 Specific wording of the condition as follows:

'C6. Prior to the commencement of any demolition works on site, a preliminary bat roost assessment shall be undertaken on the buildings by a suitably qualified ecological consultancy and a report detailing the findings submitted to the Department and approved in writing. Should the assessments find evidence of roosting bats, then further survey may be required as will details of avoidance and mitigation measures which may include requirements for the timing of building demolition and the provision of new roosting spaces.

Reason: To safeguard roosting bats and in the interests of biodiversity.'

'C7. Prior to the commencement of development, a breeding bird assessment plan shall be submitted to the Department and approved in writing. The plan should contain the results of a breeding bird assessment on the buildings, including the process and timing for checking for their presence, or the measures to be put in place on the assumption that breeding birds are present in the buildings including any proposed mitigation measures. The proposed mitigation measure must also as a minimum contain details of at least 1 swift nest brick to be built into the new buildings.

Reason: To safeguard breeding birds and in the interests of biodiversity.'

2.0 Proposal - 2.1 The applicant has submitted 21141A-56T-P6-ZZZ-D-A-001-P02_Block A Proposed Elevations, 21141S-56T-P0-00S-D-A-006-P01_Proposed Site Plan-Roof, Email from agent to officer and Villiers Square PRA Final for the satisfaction of the conditions. The Villiers Square PRA document contains a preliminary bat roost assessment and a breeding bird assessment plan which includes the methodology of the surveys, the results as well as recommendations. Also submitted are copies of the approved elevation drawings with the locations of swift bricks included as per the bird survey recommendations.

3.0 Consultation - 3.1 The Ecopolicy Officer was consulted for advice on the satisfaction of condition. The advice received on 05.09.2024, after their review of the submitted documents, concludes that they are pleased that the information satisfies the relevant clauses. 4.0 Recommendation

4.1 In the instance of the submitted 21141A-56T-P6-ZZZ-D-A-001-P02_Block A Proposed Elevations, 21141S-56T-P0-00S-D-A-006-P01_Proposed Site Plan-Roof, Email from agent to officer and Villiers Square PRA Final and after consultation with the case officer, who are happy with the level of detail, it is deemed sufficient and would be considered satisfactory for the planning conditions 6 & 7 of application 23/01223/B.

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: 11.09.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management