Building Control queries with regard to Sandygate House, IM7 3AF

Summary

The requester asked for all correspondence regarding Sandygate House from September 2009, and the Department of Environment, Food and Agriculture disclosed all requested information, including a 2015 demolition direction.

Key Facts

• The request was received on 2021-02-22 and concluded on 2021-03-05.
• The authority confirmed that all information was sent to the requester.
• A Demolition Direction (DEMNO) was issued on 26 June 2015 for Sandygate House.
• The demolition application was submitted by JCK Limited.
• The demolition direction requires disconnection of gas, electricity, and water supplies prior to work.

Data Disclosed

• 1680889
• 2021-02-22
• 2021-03-05
• 1 September 2009
• 26 June 2015
• IM7 3AF
• IM9 2AJ
• 19
• 2
• Dem 15/00011/BCD
• Building Control Act 1991
• Town and Country Planning Act 1999
• Freedom of Information Act 2015

Original Request

1. Details of all correspondence in relation to Sandygate House from 1 September 2009 to date

Data Tables (1)

Data Tables (reformatted)

Full Response Text

Freedom of Information Co-ordinator Corporate Services Directorate Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS Tel no (01624) 685854 Fax no (01624 685851 Email: defa@gov.im www.gov.im

Our ref: 1680889 5th March 2021

Dear ###

We write further to your request which was received on 22nd February 2021 and which states:

"1. Details of all correspondence in relation to Sandygate House from 1 September 2009 to date"

I have enclosed copies of the information that is being released to you.

Please quote the reference number 1680889 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision.

More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Yours sincerely

Page 2 Tel: (01624) 685902 Fax: (01624) 685875

Notice Dem 15/00011/BCD Demolition Direction DEMNO 26 June 2015 DEPARTMENT OF ENVIRONMENT FOOD AND AGRICULTURE BUILDING CONTROL ACT 1991 (As amended by the Public Health (Amendment) Act 2000) To: JCK Limited Port View Balthane Industrial Estate Ballasalla IM9 2AJ Please note that the Department of Environment, Food and Agriculture (hereinafter referred to as "the Department") has received an application seeking notice to demolish as follows: Address: Sandygate House Clenagh Road Sandygate Ramsey Isle Of Man IM7 3AF Applicant: JCK Limited Description: Demolition of building and detached shed/garage Agent: (if any) Contact details: PHONE - @jck.co.im which demolition falls within the scope of Section 27 of the Building Control Act 1991 (as amended by the Public Health (Amendment) Act 2000) hereinafter referred to as "the Act". NOW TAKE NOTICE that under the provisions of the Act the Department hereby makes the direction detailed in the schedule below in respect of that demolition. This Direction is a procedural demolition requirement and is not consent pursuant to any instrument(s) under the Town and Country Planning Act 1999. SCHEDULE SERVICES 1) Prior to the commencement of any works of demolition make arrangements with Manx Gas Ltd for the proper disconnection of any gas supply to the building to be demolished. 2) Prior to the commencement of any works of demolition make arrangements with the Manx Utilities Authority (Electricity) for the proper disconnection of any electricity supply to the building to be demolished. 3) Prior to the commencement of any works of demolition make arrangement with the Manx Utilities Authority (Water) for the proper disconnection of any water supply to the building to be demolished. 4) Prior to the commencement of any works of demolition carry out a Demolition Notice Dem 15/00011/BCD Demolition Direction DEMNO 26 June 2015 Asbestos Survey and a copy of the report must be given to the demolition contractor (Advice on working with asbestos can be found on www.hswi.gov.im). 5) Drainage and Sewerage Prior to the commencement of any works of demolition: - (a) properly disconnect and seal all drains or sewers exclusively serving the building(s) to be demolished at or beyond the site boundary of the building; and (b) where any drain or sewer serving the building(s) to be demolished connects with any drain or sewer serving any other building, and which latter drain or sewer passes in or under the building(s) to be demolished it must be properly disconnected and sealed at a point as near as is reasonably practicable to the junction with the drain or sewer which is to continue to serve the other building(s); and (c) properly and adequately protect any drain or sewer which is to be retained to serve any building which is not to be demolished so as to prevent damage or other deleterious effect and ensure its efficient operation during and after the demolition. All of the above works are to be carried out to the satisfaction of the Manx Utilities Authority (Drainage). Note: Under the provisions of the Act a minimum of 48 hours notice must be given to the Manx Utilities Authority (Drainage) before commencing works to comply with (a) or (b) above. 6)
Give minimum of 48 hours’ notice to the Department for actual commencement of demolition works on site. MAKING GOOD 7) Make good all ground disturbed in complying with (5)(a) or (b) to the satisfaction of the Department. Note: Under the provisions of the Act a minimum of 24 hours notice must be given to the Manx Utilities Authority (Drainage Division) before commencing works to comply with this direction. 8) Hoarding a) Prior to the commencement of any works of demolition erect an adequate solid hoarding at all areas where members of public may have access to the property to a minimum height of 2.4 metres so constructed and located as to exclude the public and protect them from any falling materials resulting from the demolition. Please note the erection of hoarding is subject to planning approval unless otherwise agreed by consultation with DEFA Planning and Building Control Directorate. b) Relevant permits should be obtained from Department of Infrastructure’s Highways Service for erection of any hoarding on public highways. 9) Demolition Procedures Carry out the demolition in such a manner so that: - a) all materials that may fall either by intention or otherwise will fall within the hoarding or fence required by (7) above; b) at the end of each working session no part of the building or other structure is left in a dangerous condition having regard to reasonably foreseeable weather conditions; and c) the works of demolition once commenced shall be continued until completion as expeditiously as possible. Notice Dem 15/00011/BCD Demolition Direction DEMNO 26 June 2015 d) measures must be taken (such as use of a chain saw) particularly on Manx Stone Random Rubble Walls to ensure that they are safely de-bonded from adjoining structures, or where portion of the walls are acting as buttresses. 10) Dust and Grit Prior to the demolition of any part of the building which is constructed of such materials or is in such a condition that it is likely that there will be the emission of dust or grit beyond the boundary of the site, adequate sheeting to contain such emission must be properly provided, or that part of the building must be adequately wetted to prevent such emission and any run off of contaminated water must be contained within the site. 11 Shoring Properly and adequately shore up the building(s) adjacent to the building to be demolished so as to ensure structural stability both during and after the works of demolition. 12 Weatherproofing Carry out such works as may be necessary to weatherproof the surfaces of any adjacent building(s) exposed by the works of demolition. 13 Repair Properly repair and make good any damage to any adjacent building(s) caused by the demolition or by any negligent act or omission of any person engaged in the demolition. 14 Disposal of rubbish and other materials Materials arising from the demolition and any other rubbish shall be removed and properly disposed of at a specific licensed site as indicated on Notice of Intention to Demolish as soon as is reasonably practicable and in any case within 21 days of the completion of the demolition, except in so far as any inert material may be used for the purposes of (17) below. 15 Provision of information of disposal of rubbish and other materials Full details of actual materials and any other rubbish removed and disposed of at a specific licensed site to be provided to the Department within 14 days of completion of demolition work. 16 Burning of materials and structures Due to the proximity of the premises to other adjacent premises, there must be NO burning on site (Where the Local Authority is satisfied that any smoke emitted is, or maybe, of such a quantity, density, or content as to be considered a nuisance they may take a separate action by service of a Nuisance Abatement Notice under the provisions of the Public Health Act 1990). 17 Completion a) Give notice of completion of demolition work within 5 days after completion of all demolition works, and b) Prior to dismantling any hoarding or fence erected to comply with 7) above (except in so far as it is necessary to finally comply with this requirement), make up as necessary the ground exposed by the demolition to the same level as the adjoining ground, cover with adequate topsoil and seed with grass, provided that the requirement to cover with topsoil and seed with grass may be dispensed with if the site is to be re-developed within 12 months of the completion of the demolition, in which case the site must be left in a tidy condition.

IF YOU FAIL to comply with the direction given you may be liable, on summary conviction, to a fine not exceeding £5000 and the Department may execute works in default where appropriate and recover the costs of doing so from you. Notice Dem 15/00011/BCD Demolition Direction DEMNO 26 June 2015 NOTES (A) Health and Safety at Work (i) Under the provisions of section 28 of the Building Control Act 1991 (as amended by the Public Health (Amendment) Act 2000): where the provisions of any foregoing direction is inconsistent with a requirement imposed by or under the Health and Safety at Work etc Act 1974 (as applied to the Isle of Man) as it has effect in the Island then the latter requirement prevails. (ii)
Your attention is drawn to the provisions of the Health and Safety at Work etc Act 1974 (as applied to the Isle of Man), Construction (Design & Management) Regulations 2003 and Management of Safety Regulations 2003 which are additional to any foregoing direction. (iii) You should consult with the DEFA Health and Safety at Work Inspectorate, Thie Slieau Whallian, Foxdale Road, St John`s, Isle of Man IM4 3AS, to provide them with a "method statement" prepared by a competent person, which will form the basis for the consultation, prior to the commencement of any works of demolition (worksafe.DOI@gov.im or Tel 685881). (iv) In respect of the disconnection of any electricity supplies to the building to be demolished, demolition must not commence until the Manx Electricity Authority has visited the site and arranged for all required de-energisation. This will be confirmed by the issue of a CS57 “services de-energised” letter from that Authority.
(B) Closure of Public Highways Where proposed demolition affects the Public Highways (partial or full closure of roads) the Department of Infrastructure’s Highways Services must be notified minimum of 28 days prior to commencement of demolition on site to obtain all relevant permits etc from that authority. Failure in this respect may prevent start of works on grounds of safety. (C) Noise The foregoing direction does not preclude the Department of Environment, Food and Agriculture (Environment Protection Unit) from serving notice on you under the provisions of the Public Health Act 1990 ("control of noise on construction sites"). You should ensure “best practicable means” is employed to minimise any potential noise nuisance to neighbouring noise sensitive premises. Certain types of equipment and operations on a site are inherently noisy and guidance is given in BS 5228, Part 1:1997 Noise and vibration control on construction and open sites on the controls that may be employed to minimise noise. The Department advises noisy works in a residential area should be restricted to : Monday to Friday: 08.00 – 18.00 Saturday: 08.00 – 14.00 Sundays and Bank Holidays: Work prohibited unless under special circumstances, such as road closure orders or for reasons of Health and Safety. (D) Waste (i) Any waste or rubbish arising from the demolition must only be disposed at a specific licensed site as indicated on Notice of Intention to Demolish under the provisions of the Public Health Act 1990. It is an offence under that Act to dispose of such waste or rubbish at a site which is not so licensed. Notice Dem 15/00011/BCD Demolition Direction DEMNO 26 June 2015 (ii) It is strongly recommended that the premises be surveyed prior to any works of demolition in order to ascertain if there is any hazardous waste (e.g. asbestos, chemical) requiring handling or for storage or where disposal is necessary, arrangements for its removal and disposal must be agreed with the Department’s Health and Safety at Work Inspectorate. (E) Additional Guidance British Standard BS 6187 "Code of Practice for Demolition" (F) Town and Country Planning Act 1999 This Direction is not consent pursuant to any instrument under the Town and Country Planning Act 1999. The Act, under Part 2, 6 (e), defines that the following building operations constitute development. (i) the demolition of a building which is attached to another building, where the other building is not also demolished; and (ii) the demolition of part of a building, where the rest of the building is not also demolished; In these instances planning approval would be required. Class 36 of the Town and Country Planning (Permitted Development) Order 2012 clarifies the instance of where a planning application for demolition works would be required. Where the demolition is for part of the building where the rest of the building is not also demolished i.e. where a developer is to take down a building which

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