Decision Notice

Department Of Infrastructure - Highway Services Division Mr Gary Saunders Head Of Project Delivery Highway Services Division Ellerslie Depot Crosby Isle Of Man, IM4 2HA

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 Department Of Infrastructure Highway Services Division, Ref 23/00063/B, for the Variation of condition 2 of 14/00689/C - to allow sharps storage in 20 x 20ft storage containers and to include other projects such as highway, drainage and flood alleviation works. Variation of condition 3 - for sharps storage for a period of up to December 2026 and projects until end of January 2028. at Ballakinnish Nurseries Ballakinnish Douglas Isle Of Man IM4 1JJ .

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 use hereby approved shall enure for the benefit only of the Department of Infrastructure only. Reason: The development is granted only as an exception in the national interest.
• 2. The land shall not be used other than for the following uses and for the time periods set out in Condition 3;

• o storage of construction materials in association with DoI projects consisting of the following; Douglas Promenade Works, including installation of coastal rock armour; Continuation of the Tram Track; Douglas Flood Alleviation works; and Road works projects in the east, central and southern parts of the Island.

• o storage of 20 storage containers for sharps only. Reason: The development granted as an exception to assist in the delivery of national projects.

• 3. The use for the storage of construction materials in association with DoI projects, as set out in Condition 2 shall be for a limited period of 5 years from the date of this approval coming into effect and thereafter the use hereby permitted shall be discontinued. Reasons: In the interests of clarity.
• 4. The use for the storage for sharps (as set out in Condition 2) shall cease on or before 1 January 2027. The 20 storage containers hereby approved shall be removed from the site within 3 months of the use ceasing. Reasons: In the interests of clarity.
• 5. The proposed storage containers shall only be kept in the area hatched blue as shown on drawing I1/054 Rev A received 5 March 2025. Reasons: In the interests of visual amenity.

This decision relates to the amended planning statement and drawing I1/054 Rev A received 5 March 2025.

This decision has been made for the following reasons(s) The proposed use is now part of land designated for development as industrial in the Area Plan for the East; it is not considered to conflict with this proposal or the application on adjacent land. There are no other identified issues that would affect the application being approved and as such is considered to comply with General Policy 2 and Transport Policy 4 of the Strategic Plan and Employment Proposal 3 Sites BE002(b)g of Area Plan for East (2020).

Date of Issue: 21st May 2025

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/online-applications/)

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 £355); 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 £130). 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.