DEC Decision Notice

56three Architects Miss Kirsty Jeffrey 14 Alva Street Edinburgh EH2 4QG

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 Tevir Group, Ref 23/01223/B, 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) at Villiers Square Fort Street Douglas Isle Of Man IM1 2AX .

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 development hereby approved shall not be occupied or operated until the means of vehicular access has been constructed in accordance with the approved plans (namely drwg. no. 21141S-56T-P0-00S-D-A-001 P02), and shall thereafter be retained for access purposes only. Reason: In the interests of highway safety.
• 3. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans (namely drwg. nos. 21141S-56T-P0-00S-D-A-001 P02 and 21141A-56T-P4-B1F-D-A-001 P02). Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

• 4. Prior to the occupation of the development a replacement bus stop and bus shelter on Loch Promenade shall be provided.

Reason: To ensure the delivery of a replacement bus stop following completion of the approved development.

• 5. Notwithstanding the level of information provided to date, a hard and soft landscaping scheme shall be submitted to and approved in writing by the Department prior to the commencement of above ground works relating to the development. This shall include details relating to all green roofs associated with the development. All landscaping shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed in writing with the Department. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.

Reason: To ensure the provision of an appropriate landscape setting to the development and to assist the creation and management of biodiversity.

• 6. 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.
• 7. 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.
• 8. No above ground works relating to the development shall commence until sample details of cladding, windows, external doors and rooftop plant room louvres have been submitted to and approved in writing by the Department. The development shall not be occupied/brought into use unless the external finish has been applied in accordance with the approved details and be retained thereafter.

Reason: In the interests of the appearance of the development, the visual amenities of the area and preserving the character and appearance of the Conservation Area.

• 9. No above ground works relating to the development shall commence until panels of all variations of brickwork proposed, including movement/mortar joints, have been erected on site (or an alternative location) and approved in writing by the Department. The development shall not be occupied/brought into use unless the external finish has been applied in accordance with the approved details and be retained thereafter.

• Reason: In the interests of the appearance of the development, the visual amenities of the area and preserving the character and appearance of the Conservation Area.
• 10. No development shall take place until a written methodology for an archaeological watching brief relating to the site groundworks has been submitted to and approved in writing by the Department. The programme of archaeological monitoring shall be fully implemented in accordance with the approved written methodology.

Reason: To ensure that any archaeological remains are appropriately recorded and/or assessed prior to their damage or destruction by the development in accordance with Environment Policy 41 of The Isle of Man Strategic Plan 2016.

• 11. The development shall be undertaken in full accordance with the mitigation and flood risk prevention measures outlined in Section 7 of the approved Flood Risk Assessment (Waterco) received 30.10.2023.

Reason: To ensure that the development would be appropriate from a flood risk perspective.

• 12. Prior to the commencement of above ground works, and notwithstanding the level of information already provided, full details relating to the design, form and layout of the approved substation shall be submitted to the Department for approval in writing. This shall also include details relating to flood resistance and mitigation measures in line with the recommendations provided within the approved Flood Risk Assessment.

Reason: To ensure that the final design and appearance of the substation is satisfactory and to reduce the risk of flooding.

• 13. Notwithstanding the provisions of the Town and Country Planning (Telecommunications) Development Order 2019 or any order amending, revoking or reenacting that Order no telecommunications apparatus shall be erected or installed under Schedules 2 or 3 to that order without an express grant of planning approval from the Department.

Reason: In the interests of the wider strategic views of the area, the character and appearance of the development and the visual amenity of the conservation area.

• 14. There must not be any building, engineering or other work which will involve increasing the height of the building above what is shown on the approved plans and other documents listed on this decision notice.

Reason: In the interests of the wider strategic views of the area, the character and appearance of the development and the visual amenity of the conservation area.

• 15. Other than those shown on the approved drawings, no soil stacks, soil vent pipes, flues, ductwork or any other pipework shall be fixed to the elevations of the building hereby approved.

Reason: To ensure that the development is carried out to the highest standards of architecture and materials and in the interests of the character and appearance of the development.

• 16. Any telecommunications apparatus (not for the purposes as set out under Town and Country Planning (Telecommunications) Development Order 2019), extraction plant, air conditioning units and any other plant or equipment that is required on the exterior of the

buildings shall be installed in accordance with details to be submitted to the Department in writing to be agreed. The details shall include: proposals for communal provision of television receiving equipment, wherever possible; siting; appearance; any arrangements for minimising the visual impact; and any arrangements for mitigating potential noise and vibration.

Reason: To ensure that any telecommunications apparatus and other plant or equipment that is required on the exterior of the buildings preserves the highest standards of architecture and materials as a key feature building.

• 17. In the event that piling is used, no piling shall take place until a piling method statement (detailing the depth and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface sewerage infrastructure, and the programme for works) has first been submitted to the Department in writing to be agreed. Any piling must be undertaken in accordance with the terms of the approved piling method statement. Reason: To safeguard the amenities of local residential and businesses.
• 18. The development and use hereby approved shall not be brought into use unless its loading, offloading, turning and parking areas have been provided and surfaced in accordance with the details shown on the approved plans, for each block. Once provided, the loading, offloading, turning and parking areas shall thereafter be permanently retained as such.

Reason: To ensure the timely completion and retention of the on-site facilities to an adequate standard in the interests of road safety.

• 19. In the event that car park ventilation is required, no part of the development hereby approved shall progress above lower ground level until there has first been submitted to the Department in writing to be agreed, a scheme to ventilate the car park and minimise the ingress of polluted air, and management thereof. The development shall be carried out in accordance with the report so agreed, and shall be retained as such thereafter. Reason: To ensure that the amenity of future occupiers of the development is protected.
• 20. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2012 or any order amending, revoking or re-enacting that Order no means of enclosure, other than that shown on the approved plans and other documents listed on this decision notice, and any drawings approved subsequently in writing by the Department pursuant to any conditions on this decision notice, shall be erected on the site under the terms of Class 39 of Schedule 1 to that Order without an express grant of planning approval from the Department. Reason: In the interests of the character and appearance of the development.
• 21. Notwithstanding the details shown on the approved plans all glass balustrades/balconies shall be installed with measures to prevent bird strikes to be either etchings on the glass or use of ultraviolet decals. Reason: To prevent bird strikes, due to proximity of nearby nesting birds. 21141S-56T-P0-00S-D-A-001 P04 - Proposed Site Plan

• 21141A-56T-P4-B1F-D-A-001 P03 - Block A Proposed Basement Floor Plan 21-491-ATR-010 Rev E - Refuse Vehicle Track

Received 16.04.24 Applicants Response to Highways Received 28.03.24 21141S-56T-P3-00S-D-A-001 P02 - Downtakings Plan 2319-EXA-XX-XX-DR-L-00200 P05 - Planting Plan Received 08.02.24 Transport Technical Note (except appendices BGH3, BGH5 and BGH6) Revised Travel Plan Received 01.02.24 21141-56T-P0-00S-D-A-001 Rev P01 - Location plan 21141S-56T-P2-00S-D-A-001 Rev P01 - Existing Site Plan 2319-EXA-XX-XX-DR-L-00100 Rev P09 - General Arrangement Plan

• 21141S-56T-P5-ZZZ-D-A-001 Rev P01 - Proposed Sections 01 and 02
• 21141S-56T-P5-ZZZ-D-A-002 Rev P01 - Proposed Section 03

• 21141S-56T-P5-ZZZ-D-A-005 Rev P01 - Proposed Section 04

21141S-56T-P5-ZZZ-D-A-003 Rev P01 - Proposed Sections 05 and 06 21141S-56T-P5-ZZZ-D-A-004 Rev P01 - Proposed Sections 07 and 08

• 21141A-56T-P4-00F-D-A-001 Rev P01 - Block A Proposed Ground Floor Plan
• 21141A-56T-P4-01F-D-A-001 Rev P01 - Block A Proposed First Floor Plan
• 21141A-56T-P4-02F-D-A-001 Rev P01 - Block A Proposed Second Floor Plan
• 21141A-56T-P4-03F-D-A-001 Rev P01 - Block A Proposed Third Floor Plan
• 21141A-56T-P4-04F-D-A-001 Rev P01 - Block A Proposed Fourth Floor Plan
• 21141A-56T-P4-05F-D-A-001 Rev P01 - Block A Proposed Fifth Floor Plan
• 21141A-56T-P4-06F-D-A-001 Rev P01 - Block A Proposed Sixth Floor Plan

• 21141A-56T-P4-RFF-D-A-001 Rev P01 - Block A Proposed Roof Plan

• 21141A-56T-P6-ZZZ-D-A-001 Rev P01 - Block A Proposed Elevations
• 21141A-56T-P6-ZZZ-D-A-002 Rev P01 - Block A Proposed Elevations
• 21141A-56T-P6-ZZZ-D-A-003 Rev P01 - Block A Proposed Elevations

• 21141B-56T-P4-00F-D-A-001 Rev P01 - Block B Proposed Ground Floor Plan

21141B-56T-P4-ZZF-D-A-001 Rev P01 - Block B Proposed First to Third Floor Plans 21141B-56T-P4-ZZF-D-A-002 Rev P01 - Block B Proposed Fourth to Fifth Floor Plans 21141B-56T-P4-06F-D-A-001 Rev P01 - Block B Proposed Sixth Floor Plan 21141B-56T-P4-RFF-D-A-001 Rev P01 - Block B Proposed Roof Plan 21141B-56T-P6-ZZZ-D-A-001 Rev P01 - Block B Proposed Elevations

• 21141S-56T-P6-ZZZ-D-A-001 Rev P01 - Proposed Contextual Elevations Flood Risk Assessment Landscape Statement Planning Statement Drainage Report Ground Investigation Report Heritage Impact Assessment Transport Assessment and Travel Plan (except appendices BGH2 and BGH10) Design and Access Statement Energy Statement Preliminary Ecological Appraisal Report Received 30.10.23

This decision has been made for the following reasons(s) The application site is identified for development and the proposal is judged to comply with the site allocation, as further detailed within Comprehensive Treatment Area Proposal 1. The proposals are considered to constitute a high standard of development in a prominent

location within the Conservation Area, without resulting in a significantly adverse impact upon the amenities of occupants of surrounding buildings, including the amenities of future residential properties within the site's immediate vicinity. The proposals are deemed to give rise to a positive impact upon the character and appearance of the wider Conservation Area by redeveloping a prominent gap site, whilst further providing increased employment opportunity and additional serviced tourist accommodation, to the benefit of the local economy.

The proposals would further not result in a detrimental impact upon the safety and convenience of the local highway network, whilst further bringing about improvement to the immediate highway network. The development is therefore deemed to comply with Strategic Policies 1,2,4-6,9,10, Spatial Policy 1, General Policy 2, Environment Policies 4,5,10,22,35,41-43, Business Policies 1, 7-11, Recreational Policy 3, Transport Policies 1,2,4-8, Infrastructure Policies 1,5 and Community Policies 7,10,11 of the Isle of Man Strategic Plan 2016, relevant policies of the Area Plan for the East 2020 and the Residential Design Guide 2021.

Date of Issue: 29th April 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 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.