Decision Notice

Mr Padraig Keig Operational Service Centre Isle of Man Business Park Braddan IM4 2QY

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 Douglas City Council, Ref 24/91042/B, for the Construction of 1no industrial unit to form a covered operational waste transfer station, including fencing alterations. at Operational Service Centre Isle Of Man Business Park Douglas Isle Of Man IM2 2QY .

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. The building hereby approved shall be used only as an operational waste transfer station, and be carried out strictly in accordance with the approved Layout shown on Drawing No. E&R.23.069.1003 Rev A, and operated/retained as such thereafter.

Reason: To ensure proper control of the development and to reflect the information provided in the application, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.

• 3. The building and fencing hereby approved shall be finished externally as shown on Drawing No. E&R.23.069.1004 Rev A, and retained as such thereafter. Reason: In the interests of the character and appearance of the site and surrounding area
• 4. No development may be commenced nor any equipment, machinery or materials be brought onto the site for the purposes of the development until a tree protection plan which provides details of a Construction Exclusion Zone ('CEZ'), and suitable protective fencing for the adjacent trees has been submitted to and approved in writing by the Department.

Within the CEZ nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit.

The implemented CEZ may only be removed when the construction work has been fully completed on the site.

Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality.

This decision relates to the documents and plans received 25 October 2024, and the additional Photographs and Plan received 18 November 2024.

This decision has been made for the following reasons(s) On balance, it is considered that although the proposal would not comply fully with the zoning of the site which is for industrial use, the overall proposed use is in keeping with the layout and general character of the site, and approved use of the site. It is also considered that the proposal by reason of the location, the availability of parking spaces and acceptable amenity impact on the neighbouring properties is considered to be acceptable. The development is, therefore, considered to align with the requirements of Strategic Policies 1, 5, and 10, General Policy 2, and Transport Policies 4 and 7 of the Strategic Plan.

Date of Issue: 10th December 2024

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 informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/onlineapplications/)

Implementation A determination to grant planning approval does not have effect —

if an appeal is submitted until the appeal is determined or withdrawn; or

if no appeal is submitted, but there are potential appellants in addition to the applicant, until the time within which an appeal may be submitted has expired (21 days from the date of this notice).

Development must be carried out in accordance with the approved plans and any attached conditions (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 can only be made by a person who has been accorded rights to do so, must be in writing, include the appropriate fee and be submitted to the Department within 21 days of the date of this Notice.

Guidance on how to appeal is available at gov.im/howtoappeal