DEC Decision Notice

Mr Sam Adcock Unit 5 Shipyard Industrial Estate Ramsey IM8 3DT

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 Mr Sam Adcock, Ref 23/01502/C, for the Additional use from Class 2.2 (Light Industry) to Classes 2.2 (Light Industry), 2.1 (Office) and 1.1 (Shops) (Retrospective) at Unit 5 The Shipyard Shipyard Road Ramsey Isle Of Man IM8 3DT .

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. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the area denoted as Unit 5 on the approved Site Plan shall only be used for Use Class Classes 2.2 (Light Industry), or a combination of the uses only at any time Classes 2.2 (Light Industry), 2.1 (Office), and 1.1 (Shops).

Reason: For the avoidance of doubt and to allow the Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses will require further consideration.

• 3. The business use hereby approved may be operational only within the following days:

• o Mondays to Fridays: Open
• o Saturdays and Sundays: Closed

Reason: to clarify the extent of the proposal as submitted and to control the impact of the development on the surrounding area.

• 4. The proposed additional retail use hereby approved shall be limited to the selling of electrical/mechanical products and accessories only. REASON: To restrict the sale of goods within an industrial estate
• 5. The use of the premises hereby approved shall be carried out in accordance with the internal layout drawing referenced "Unit 5 Floor Plan Proposed" and retained in perpetuity, unless otherwise approved in writing by the Department.

REASON: To take account of the particular planning circumstances of the development hereby approved, and to avoid any increase in retail on the site.

This approval relates to the submitted documents and drawings received on 4 January 2024.

This decision has been made for the following reasons(s) It is considered that the proposed development would have no significant adverse impacts upon public or private amenities, while the use of the site for the proposed additional office and retail use would not impact adversely on the viability of the Ramsey Town centre. Accordingly, the proposal would comply with Strategic Policies 1, Business Policy 5, 7 and 10, General Policy 2, and Transport Policies 4 & 7 of the Isle of Man Strategic Plan 2016.

Date of Issue: 12th March 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

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.