Planning Approval Notice and Conditions

TOWN & COUNTRY PLANNING ACTS 1934 - 1981

To:

In accordance with the direction made by the Governor in Council, in accordance with Section 2(1) of the Town and Country Planning Act 1981, the Department of Local Government and the Environment hereby issues this notice in respect of the application made by:

Manx Electricity Authority - Construction of 33kv overhead line from Ballachrink Braddan to Billown, Malew.

The Governor in Council after considering the report of the Inspector appointed to inquire into the application has decided that the above application be APPROVED subject to compliance with the conditions specified in the attached schedule.

Dated this 3rd day of April, 1990.

Central Government Offices, Buck’s Road, Douglas, Isle of Man.

Secretary.

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: Your attention is drawn to section 2(2) and (3) of the Town and Country Planning Act 1981, which provides that:

(1) The decision of the Governor in Council to approve the application and the report of the Inspector, shall be laid before Tynwald who may, at such sitting, or at the next following sitting, annull the approval, the application being deemed refused, without prejudice to:

(a) the right of an interested party to petition Tynwald to be heard at such sitting, or (b) the right of the Governor in Council to reconsider the application and make a further decision thereon (S2(2)).

(2) An appeal shall lie to the staff of the Government Division on a point of law (S2(3)).

SCHEDULE OF CONDITIONS

1. This approval relates to the route shown on the submitted plan no. 361/3Q4/1, except as modified by:

(a) "Document 6" in the vicinity of Ballavell; (b) "Document 6" in the vicinity of Ballakissack, and (c) Condition (2) below.

1. The route of the proposed line may be varied within a corridor 100m wide, centred on the route defined in (1) above; all such variations must be shown on amended plans which must be submitted to, and approved by, the Planning Committee prior to the construction of that part of the line.

1. The proposed electricity line and its associated poles, and any consequent excavation works will affect the root systems, trunks, and branches of trees on or alongside the route; the applicant must identify on a plan all such trees, and such plan must be submitted to, and approved by, the Department of Agriculture, Fisheries and Forestry and the Planning Committee prior to the felling, lopping or topping of any such trees.

1. The applicant must prepare, and submit to the Committee, a scheme of tree planting to replace, at a ratio of 10:1, all trees felled as a consequence of this development; such scheme should give particular attention to the areas of high landscape value and scenic significance crossed by the route; the scheme must be approved by the Committee prior to any tree felling taking place.

1. Any building, permanent plant or associated paving and fencing must form the subject of separate detailed planning applications.

1. The applicant is advised to consult the Department of Highways, Ports and Properties with regard to the clearance from any public highways crossed by the cables.

1. The Manx Museum and National Trust must be informed of the date when building work is to commence and given adequate opportunity to inspect the site from the commencement of earth movement and during the excavation of all trenches (including services trenches) as deemed necessary and investigating any archaeological and geological features exposed, to the satisfaction of the Committee.