Minister's Prison Approval Notice

Department of Local Government and the Environment

Rheynn Reillys Ynnydagh as y Chymmyltaght

Isle of Man Government Reillys Eilen Yannin

Murray House, Mount Havelock, Douglas, Isle of Man, JM1 2SF. email: [email protected] Tel: (01624) 685954 Fax: (01624) 685943 Chief Executive: R. A. Hamilton, Assoc. I.P.D., M.I.Mgt.

Please reply to the Chief Executive

Our ref: RAH/JM 24th August 2004

Dear Sir/Madam,

ON APPEAL: Planning Application No: 03/0575/B – Department of Home Affairs – Construction of a New Category B Prison including Perimeter Security Wall, Fencing, Landscaping, Car Parking and Access – Land at Jurby Airfield, Jurby

I refer to the recent appeal hearing in respect of the above planning application.

In accordance with the provisions of paragraph 7(5) of Schedule 1 to the Isle of Man Planning Scheme (Development Plan) Order 1982, I am enclosing herewith a copy of the report of the person appointed to hear this appeal.

I am directed to advise you that the Minister, having considered the report, has agreed to accept the recommendation of the appointed person. Accordingly, he has directed that the appeal be dismissed and that the decision of the Planning Committee to approve the application be confirmed subject to the amendments referred to in paragraph 72 of the report.

Formal notice of approval is attached to this letter.

Yours faithfully,

[Signature]

Chief Executive

See overleaf for circulation list.

ON APPEAL: PA 03/0575/B

TO: 1) Taylor Young, Chadsworth House, Handforth, Cheshire, SK9 3HP 2) DAFF, Agriculture & Wildlife Division, Knockaloe Farm, Peel, IM5 3AJ 3) P M Quayle, Church View Cottage, Jurby West, Ramsey, IM7 3AY 4) A C Taylor, Ballamoar Farmhouse, Sandygate. IM7 3AJ 5) Andrew Jessop, Sea Cliffe, Old Castletown Road, Port Soderick. 6) Mr & Mrs Bethune, Yn Chaardee, Jurby West, IM7 3AT 7) Disability Access Office. 8) Dr A D Foxton, Manx National Heritage, Douglas, IM1 3LY 9) Duncan Bridges, Manx Wildlife Trust, Tynwald Mills, St Johns. IM4 3AE 10) Jill Cannell, East Nappin, Jurby. IM7 3AY 11) Jurby Parish Commissioners, Ballavarran, Jurby. IM7 3AN 12) Nick Johnson, The University of Liverpool, Centre for Manx Studies, 6 Kingswood Grove, Douglas IM1 3LX 13) Dalrymple Associates, Court Row Chambers, Court Row, Ramsey, IM8 1JS 14) Prescott Associates Limited, Minerva House, Tynwald Mills, St Johns IM4 3AF 15) IOM Fire & Rescue Service, Elm Tree House, Elm Tree Road, Onchan. IM3 4EF 16) Highways Section, DOT, Sea Terminal Buildings 17) The Editor, IOM Newspapers, Publishing House, Peel Road, Douglas 18) Manx Radio Newsroom, Douglas Head 19) Ms J. Green, Apt 5, Greenhill, Stanley Mount West, Ramsey, IM8 1LR 20) Secretary, Planning Appeals 21) Secretary, Planning Committee 22) Mr. T. O'Hanlon, Treasury 23) Chairman and Members, Planning Committee

Also: - Mr. J.D.Q. Cannan, MHK Chief Exec. DHA Qrainage Dir. D.T.

Town And Country Planning Acts 1934-1981

Isle Of Man Planning Scheme (Development Plan) Order 1982

TO: Taylor Young Chadsworth House Handforth Cheshire SK9 3HP

[Copies as per circulation list]

In pursuance of his powers under the above Acts and Order the MINISTER for Local Government and the Environment, following report by the appointed person, does hereby APPROVE the application by Department of Home Affairs – Construction of a New Category B Prison including Perimeter Security Wall, Landscaping, Car Parking and Access – Land at Jurby Airfield, Jurby subject to compliance with the conditions specified on the attached schedule and numbered 1-11 inclusive.

Dated this 24th day of August, 2004

Murray House, Mount Havelock, Douglas, Isle of Man.

By Order of the Minister

y new Deputy Chief Executive

Note 1: This permission refers only to that required under the Town and Country Planning Acts and does not include any consent or approval under any other enactment, byelaw, order or regulation.

Note 2: A copy of the report of the appointed person is appended hereto.

Schedule Of Conditions

Application Ref No: 03/00575/B - ON APPEAL

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

1. This approval relates to drawing no. 1841 0.01 fig. 1 date stamped the 17th June 2003 and drawing nos. DG (70)11 rev. 1, EX (9-) 001 rev. E, EX (59) 003, G (70) 060 rev. 7, L (22) 150 rev. 5, L (22) 155 rev. 5, L (22) 160 rev. 5, L (22) 165 rev. 5, L (22) 170 rev. 5, L (22) 200 rev. 6, L (22) 201 rev. 5, L (22) 205 rev. 5, VC (70) 105 rev. 5, VC (70) 106 rev. 2, W.1, W (22) 100 rev. 4, W (22) 101 rev. A, PL167/SP/1 and PL167/SP/2 date stamped the 15th December 2003.

1. Prior to the commencement of development the applicant/developer shall convene a site meeting with the contractor and relevant officers of the Department, other Government Departments and other relevant consultees to agree how the works are to be undertaken in accordance with the approved plans, conditions and method statement set out within this approval.

1. No other works shall be commenced on site until the road junction with the adopted highways, including where required visibility splays, has been set out and constructed to the satisfaction of the Planning Authority after consultation with the Highway Authority.

1. No work shall commence on site until a method statement relating to the construction and landscaping of the development has been submitted to and agreed by the Planning Authority.

1. Prior to the commencement of works further details of any external lighting scheme required as part of the development hereby approved must be submitted to and agreed by the Planning Authority. The Planning Authority will need to be satisfied that the lighting scheme proposed is the minimum required for security and working purposes and that it minimises potential pollution from glow and spillage.

1. The development must be connected to the public foul sewer.

1. There must be no discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s).

1. The Manx Museum and National Trust must be informed of the date of the commencement of works and be given access at all reasonable times, and reasonable opportunity to inspect the site, observe all excavations and investigate any archaeological features exposed.

1. All planting, seeding and turfing comprised in drawing no. 20 rev. B date stamped the 17th June 2003, PL167/SP/1 and PL167/SP/2 date stamped the 15th December 2003 must be carried out no later than the first planting and seeding seasons following the completion of the development. 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 or species.

1. No development shall take place until samples of the materials and details of the proposed colour finishes to be used in construction of the external surfaces of the development have been submitted to and agreed by the Planning Authority. The Planning Authority will need to be satisfied that the proposed finish and colour of the perimeter wall is appropriately coloured.

NOTE With regard to condition 5 relating to the submission of a method statement the applicant/developer is advised that a method statement must include details of the following:

• Proposed highway arrangements during construction. This should include details of haul routes and measures to prevent water or contaminants flowing or being tracked onto adjacent highways. This should be discussed and agreed with the Department of Transport;
• Details of proposed hours of construction and work;
• Measures relating to the storage of building material and equipment, preferably using existing areas of hardstanding so as to avoid unnecessary impact on surrounding areas of semi-improved grassland;

• Measures relating to the possible restoration of areas of affected semi-improved neutral grassland habitat; this should include a review considering in-situ conservation potential for the grassland and details of the preparation and stripping of turf and topsoil, storage of the same, preparation and relocation to suitable reception sites or donation to appropriate third parties. Weed clearance through turf lifting is preferred; and
• Any other appropriate matters.
• The applicant is advised that the Planning Authority will expect consultation to occur with DAFF and MNH prior to the submission of the method statement.

It is recommended that the method statement be discussed with the Planning Authority prior to its formal submission in relation to condition 5. DHA, DLGE, MHH and DAFF will carry out a review of existing information and a further search to see if a receptor site is suitable and can be made available for the translocation of grassland from the appeal site. Such a search to be completed within 3 months of the grant of planning permission.

NOTE With regard to condition 7 relating to the connecting of the development to the public foul sewer the applicant is advised that the connection must be in a manner acceptable to the Department of Transport Drainage Division and on terms and conditions, which must be agreed with the Division prior to the commencement of any building works. All drainage works must conform to the requirements of the Department of Transport's "Manx Sewers for Adoption" and all necessary inspections/surveys [including CCTV] are to be carried out at the developer's expense. It is also a legal requirement under the Sewerage Act 1999 that the Department (as the drainage Authority) be advised, in advance, of the date of the connection of the development to the public sewer. Communication Fees will be payable to the Department of Transport in respect of this drainage connection.

NOTE The applicant/developer is advised that all works within the adopted highway must be in accordance with the Highway Authority standards. In accordance with this the applicant/developer will be required to submit full engineering drawings of the proposed works within the adopted highway to the Highway Authority prior to the commencement of works.

NOTE For water connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact the Isle of Man Water Authority Planning and Projects Section, telephone 695958.

NOTE For a change in the water supply to a premises (domestic or commercial) the applicant should contact the Isle of Man Water Authority Byelaws Inspector (Les Quayle), telephone 695957.

NOTE The applicant/developer is advised that the Department of Transport Drainage Division has noted that the surface water from the development is to be discharged via a soakaway. The use of soakaways is subject to Building Control approval and if this approval is not granted the Drainage Division is unlikely to give permission for the discharge of surface water into the existing foul system and an alternative means of disposal would have to be sought.

NOTE Prior to the commencement of works the applicant/developer is advised to consult the Chief Fire Officer to ensure that adequate fire precautions are taken.

NOTE The applicant/developer is recommended to consider disabled access provision.

NOTE The Planning Committee would like to express their hope that the applicant enters into discussions with the public transport providers with regard to the future provision of public transport links.

NOTE The Planning Committee would like to express its opinion that in the interest of public amenity the applicant should seriously consider the provision of public art as part of the overall prison development. Any such artwork could potentially be a gateway feature at the entrance to the development or be incorporated into the fabric of the perimeter wall. Accordingly, the applicant is recommended to discuss this matter further with the Department in conjunction with the Arts Council.