DEC Decision Notice

Dougie Butties Mr T Martin 13 Westbourne Drive Douglas IM1 4AY

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 Dougie Butties, Ref 24/00023/B, for the Restore and repaint the external walls, railings, window frames and door frames and addition of an external table with associated canopy and change the use the from the current Office (Class 1.1) to Sandwich Shop, Food/Drink & Assembly/Leisure (Class 1.1, 1.3 & 4.4) at Argyle House Church Road Marina & 2 Harris Prom Douglas IM1 2HQ .

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. The use hereby approved shall only be undertaken between Monday to Saturday 8:00 and 23:00.

Reason: To ensure that the development is undertaken in accordance with the application details and in the interest of protecting neighbouring living conditions.

• 3. The proposed assembly and leisure (Class 4.4) shall only take place in the basement, as detailed in the Planning Statement received 16 April 2024.

Reason: the proposed uses have been approved on the floor plans proposed only and the submitted information with particular regard to noise of the upper residential uses.

• 4. Notwithstanding the details provided within this application, no permission is given for the signage and the street furniture within the Planning Statement, dated received 16th April 2024.

Reason: The application has been assessed on the basis of a change of use with repainting outside only and no other details.

This decision relates to the following plans and drawings, date stamped received on 23rd January 2024;

• o Location Plan
• o Site Plan This decision also relates to a revised Planning Statement dated received 16th April 2024.

This decision has been made for the following reasons(s) The proposed works are considered to have an acceptable visual and amenity impact on the existing site and surrounding neighbouring living conditions and as such comply with Environment Policy 22 and General policy 2. The proposed works are not considered to have any adverse impact on the overall character and quality of the streetscene, with conditions regarding the signage show and the proposed street furniture, and as such complies with Section 18(4) of the Town and Planning Act, Environment Policy 35 and General Policy 2.

Date of Issue: 25th April 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Acting 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.

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.