DEC Decision Notice

Cass Associates Studio 204B, The Tea Factory 82 Wood Street Liverpool L1 4DQ

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 subordinate Orders and Regulations, the Department of Environment, Food and Agriculture determined to REFUSE an application by Charlie Manson, Ref 20/00324/C, for the Change of use from storage, distribution, and general industrial use ( Classes 2.3 and 2.4) to include additional retail use (class 1.1) at Unit 14 Cooil Smithy Isle Of Man Business Park Douglas Isle Of Man IM2 2QA for the following reason(s):

1. The proposed ancillary retail use (Class 1.1.) would be contrary to the land use zoning on the Braddan Local Plan 1991 and specifically Policy 2.4 and 2.5 due to the retail proposed being conducted from an industrial unit.

The proposed use is also contrary to Strategic Aim 9 which states that all new retailing must be sited within a town or village centre which has been zoned as such.

The proposed use is contrary to Business Policies 5, 9 and 10 of the Isle of Man Strategic Plan 2016 which are all in place to direct retailing development to town centres where the proposed retail could be reasonably sold from within a town centre location, or due to their size and nature from an area zoned as industrial use.

The proposed items for sale can be sold from within a town centre location, of which there are several sites on the Island where this is already done.

Date of Issue: 3rd June 2020

Director of Planning and Building Control

Guidance Note

This decision was made by the Head of Development Management in accordance with the authority delegated to them.

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.

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 £285); 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 £100).

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 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.