DEC Decision Notice

Samson Designs Limited Mr Samuel Samson The Workshop Park Road Port St. Mary Isle Of Man IM9 5HQ

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 Order the Department of Environment, Food and Agriculture determined to APPROVE an application by The Vicar & Wardens Of St.German's Cathedral, Ref 23/00593/GB, for the Erection of a new pedestrian access from Derby Road in to the Cathedral grounds (in association with PA 23/00636/CON) at St Germains Church Vicar & Wardens Derby Road Peel Isle Of Man IM5 1HH .

Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes).

• 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• 2. For the avoidance of doubt this approval relates to the creation of the 1.2m wide pedestrian access only. No approval is granted to any other works relating to car park layout and finishes, EV charging points, vehicular access gates or bollards etc.

Reason: the application form and description relate only the creation of the pedestrian access and so the application has been advertised and assessed on this basis only.

This approval relates to drawing number 0804H/04 Rev A date stamped and received 01/08/2023, and drawing numbers 0804H/01 and 0804H/02 and supporting Design Statement all date received 19/05/2023.

This decision has been made for the following reasons(s) The creation of the pedestrian access and installation of pedestrian gate is judged to be acceptable in respect of S18 of The Act and to have acceptable visual and amenity impact preserving the character of the conservation area and the setting of the Registered Building,

and not resulting in any public amenity or highway safety harm. The application complies with Strategic Policies 1, 2, 3, 4, 5 and 10, General Policy 2 (b, c, g, h and i) and Environment Policies 34 and 35 of the Isle of Man Strategic Plan 2016, and meets with the principles of PPS 1/01.

Date of Issue: 29th August 2023

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner 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.

Implementation The decision does not become final until either

•  Any appeal has been concluded; or
•  21 days have passed since the date on this notice and no appeal has been submitted

Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation.

Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action.

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 £335); 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 £125). 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 (should one have been received) 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.