15/01276/B Decision Notice

Appendix A 15/01276/B Decision Notice

January 2017

Kelly Lewthwaite Building Design 23 Market Street Douglas IM1 2PA

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 REFUSE an application by Tynwald Mills (IOM) Limited, Ref 15/01276/B, for the Erection of a marquee adjacent to overflow car park to be used for promotional events, charity functions, exhibitions, children's activities, and leisure activities including ice rink and roller skating (retrospective) at Car Park Tynwald Mills Road St Johns Isle Of Man for the following reason(s):

1. The marquee represents unwarranted development in the countryside contrary to Strategic Policy 2, General Policy 3 and Environment Policy 1 of the Isle of Man Strategic Plan 2016 and Policy C/P/3 of the St John's Local Plan 1999.
2. The marquee, due to its size, appearance and design has a negative impact on the visual amenities of the rural area contrary to Strategic Policy 5 of the Isle of Man Strategic Plan 2016.
3. The development would increase footfall to a site not located within an existing settlement, which is not served well by public transport and is without adequate footpaths. The development would therefore encourage increased car usage contrary to sustainability principles and Strategic Policy 10, Spatial Policy 2 and Community Policy 2 of the Isle of Man Strategic Plan 2016.
4. Due to the inadequacy of the surrounding road network and road junctions to serve the development, there would be increased potential for conflict between cars, and between cars and other road users to the detriment of safety, contrary to Policy C/P/3 and paragraph 9.4 of the St John's Local Plan, and contrary to Strategic Policy 10, Transport Policy 1 and Transport Policy 4 of the Isle of Man Strategic Plan 2016.
5. The uses of the marquee proposed, particularly for evening events, would result in unwarranted and unacceptably unneighbourly levels of noise in an otherwise quiet and rural location to the detriment of the living conditions of neighbouring properties, contrary to part (iii) of Environment Policy 22 of the Isle of Man Strategic Plan 2016.

The applications plans are WL/15/1359 1, 2 and 3 received 24 November 2015 and PL405/1 received 24.3.16.

Date of Issue: 18th October 2016

Interim Director of Planning and Building Control

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.

This decision refers only to that applied for under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Whilst a copy of the Officer's report is included alongside this notice, any wider correspondence which led to the assessment and decision is now 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 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 2015 (currently £170);
• 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/planning-applications/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.

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.