Decision Notice

Construction Design Ltd 17 Peel Road Douglas Isle Of Man IM1 4LP

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Campbell Moore Limited, Ref 18/00113/B, for the Alterations, erection of front extension to provide entrance porch and change of use from retail of electrical goods (Class 1) and warehouse to retail of wine and liquor (Class 1), warehouse and deli / cafe (Class 3) at Former Digital World The Milestone Peel Road Douglas Isle Of Man IM1 5ED subject to compliance with the following condition(s) and notes (if any):

• 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• 2. This approval permits the use of the building for retail of Wine & Liquor, Warehouse, Café and ancillary office. At no time shall the internal layout and use of floor space differ from that shown on drawing number 913/013 date stamped as having been received on 5th February 2018.

Reason: To prevent the level of use for office, meeting room, retail and cafe to change from that submitted as this may materially alter the nature of the use and the proposal has been accepted on the basis that the office and meeting room is ancillary, and the retail does not exceed 193 square metres and the cafe does not exceed 109 square metres.

• 3. There shall be no public access to the areas marked as office, meeting room, warehouse storage or mezzanine storage on drawing number 913/013Rev A date stamped as having been received 5th February 2018.

Reason: To ensure that the amount of the site used for retail or cafe does not change as this may materially alter the nature of the use and the proposal has been accepted on the basis that the office and meeting room are ancillary, and the retail does not exceed 193 square metres and the cafe does not exceed 109 square metres.

• 4. No fencing or walling shall be erected at the rear (West) of the site. Reason: To ensure that no barrier is erected along the route of the former railway.

Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950

• 5. The development hereby approved shall only be operational whilst the parking spaces shown numbered 1 to 27 on drawing number 913/10 Rev A date stamped as having been received 21st March 2018, are available for use as such for users of the approved development. Reason: To ensure there is sufficient parking.
• 6. Nothwithstanding the provisions of Schedule 4 of the Town and Country Planning (Permitted Development) Order 2012, the goods sold may only be wine and liquor and associated items including non-alcoholic mixers and glasses and for no other purpose within Class 1 of that Order. Reason: To contain the extent of the approval to accord with the proposed works.
• 7. Notwithstanding the provisions of Schedule 4 of the Town and County Planning (Permitted Development) Order 2012, the goods stored in the warehouse within the premises may only relate to wine, liquor and items associated with these sales and the operation of the approved cafe and for no other purpose under Class 6 of that Order.

Reason: To ensure that the approved development accords with the application proposal and to ensure that there is sufficient car parking available to serve the proposed development.

This approval relates to the following plans, drawings and information:

• - Planning Statement dated 5th February 2018 (date stamped as having been received 5th February 2018)
• - Letter from Construction Design dated 20th March 2018 (date stamped as having been received 21st March 2018)
• - E-mail from Barry Murphy dated 20th March 2018 and timed 12:03
• - E-mail from Barry Murphy dated 23rd March 2018 and timed 09:19
• - Site Plan & Site Location Plan (Drawing No. 913/010 Rev A) (date stamped as having been received 21st March 2018)
• - Ground & First Floor Plans as Existing (Drawing No. 913/011 Rev A) (date stamped as having been received 21st March 2018)
• - Elevations as Existing (Drawing No. 913/012) (date stamped as having been received 5th February 2018)
• - Ground & First Floor Plans as Proposed (Drawing No. 913/013) (date stamped as having been received 5th February 2018)
• - Elevations as Proposed (Drawing No. 914/014) (date stamped as having been received 5th February 2018).

NOTE The site is identified as being within a High Flood Risk (River) area on the 2017 MUA Flood Maps. The applicant is advised they may wish to consider resilience measures in relation to potential flooding, so long as such measures do not require separate approval or breach any condition attached to this approval.

Date of Issue: 10th April 2018

Director of Planning and Building Control

Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950

Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it in the name of the Minister and/or in the name and on behalf of the Department.

All correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.

https://www.gov.im/planningapplication/services/planning/search.iom This decision refers only to that applied for under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

•  Payment of a planning appeal fee as prescribed in the Town and Country Planning (Application and Appeal Fees) (No2) Order 2016 (currently £175);
•  The reasons for making the appeal; and
•  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

PleasenotethatifthecountercopyoftheapplicationisnotcollectedwithinTHIRTY DAYS following the last date on which a planning appeal can be made it will be destroyedwithoutfurthernotice.

Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950