Balancing Pond Approval Decision Notice

Ellis Brown 12 Strathallan Crescent Queens Promenade Douglas IM2 4NR

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 JM Project Management Ltd, Ref 21/00724/B, for the Construction of a balancing pond and surface water outfall with a foul water connection to existing sewage treatment works at Part Fields 324324 & 324321, And Crosby Meadows Estates Main Road Crosby Isle Of Man IM4 2EE .

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. Notwithstanding the details that have been submitted, a revised Technical Note on Ecological Options shall be submitted to and approved in writing by the Department. The Technical Note shall provide recommendations for ecological options on the re-profiled basin as a dry basin. The development shall not be carried out unless in accordance with the approved details. Reason: To provide adequate safeguards for the ecological species existing on the site.
• 3. Prior to the carrying out of works to re-profile the pond to create a dry basin, Details of Reasonable Avoidance Measures (RAMs) for Common Frog shall be submitted to and approved in writing by the Department. The RAMs for Common Frog must be strictly followed throughout the works on the balancing pond. Reason: To provide adequate safeguards for the ecological species existing on the site.
• 4. Within two months of the date of this decision, details of any proposed planting/seeding and methodologies for the creation of any habitat features around the

retention pond shall be submitted to the Department for written approval. The development shall not be carried out unless in accordance with the approved details.

Reason: In the interest of biodiversity within the site, the character and appearance of the development and the visual amenity of the area.

• 5. No external lighting shall be installed except in accordance with a detailed external low level lighting scheme which is in accordance with the recommendations outlined in the BCT and ILP Guidance Note 8 Bats and Artificial Lighting (12th September 2018), has been submitted to and approved in writing by the Planning Department. The development shall not be carried out unless in accordance with the approved details, and shall be retained as such thereafter. Reason: To provide adequate safeguards for the ecological species existing on the site.
• 6. The approval hereby granted is for the Construction of a balancing pond (dry basin) and surface water outfall with a foul water connection to existing sewage treatment works, and does not in any way serve as approval for the extension of residential development into the field or redefinition of the area zoned for residential development under the Area Plan.

Reason: To reflect the nature of the planning approval and to control the impact of the development on the surrounding area.

This approval relates to the following plans and documents:

• o Drw. No. 16/2576/300H Location and Site Plan
• o Photographs BB Consulting Engineers drawings no.s:
• o 15-111-200 Rev F
• o 15-111-201 Rev C
• o 15-111-210 Rev C
• o 15-111-220 Rev C
• o 15-111-700 Rev B
• o 15-111-710 Rev B
• o 15-111-720 Rev B Written Documentation
• o Agent confirmation of work commencement dated 21 June 2021.
• o Agent Supporting email dated 23 December 2023;
• o Preliminary Ecological Appraisal prepared by Manx Wild Life Trust Consultancy and dated May 2022;
• o Technical Note on Ecological Options prepared by Manx Wild Life Trust Consultancy and dated June 2022; and
• o Correspondence between Applicant and DOI FRM received 12 July 2024.

This decision has been made for the following reasons(s) Granting the site sits in the open countryside which is not zoned for development, the

• openness and rural character of the countryside is not expected to be undermined as a result of the proposed balancing pond (dry basin) and drainage works. As such, the proposal complies with Environment Policy 1 & 22 and Strategic Policy 5 of the Strategic Plan.

Date of Issue: 23rd July 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.