DEC Decision Notice

Braddan Commissioners Mr C Whiteway Close Corran Union Mills Isle Of Man IM4 4LZ

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 Braddan Commissioners, Ref 24/00121/B, for the Removal of condition one of PA 92/1210 which restricts the use of the property to being only a Commissioners Office at Braddan Parish Commissioners Close Corran Union Mills Isle Of Man IM4 4LZ .

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 is for Class 2.1 Office as set out in the Town and Country Planning (Use Classes) Order 2019 only.

Reason: For the avoidance of doubt as the application has been assessed on this basis as requested in the application content.

• 3. The parking area showing seven numbered parking spaces marked in red as detailed on a location plan drawing received by email dated 17th May 2024 shall not be used for any purpose other than the parking and turning of vehicles associated with the office development hereby approved and shall remain free of obstruction for such use at all times.

Reason: To ensure that the associated off-street parking is provided in accordance with the details specified in the application and on which basis the application has been assessed in the interests of highway safety.

This decision relates to the following plans and drawings, date stamped received on 1st February 2024;

• o Location Plan

• o Site Plan
• o Supplementary Plan
• o Covering Letter
• o Office Floor Plans
• o Site Report from PA92/01210/C
• o Site Layout from PA92/01210/C
• o Ray Corkhill Letter from PA92/01210/C
• o Conditions from PA92/01210/C
• o Braddan Commissioners Letter from PA92/01210/C
• o Richard Green Associates Letter from PA92/01210/C
• o Application Form from PA92/01210/C
• o Amended Conditions from PA92/01210/C
• o Amended Notice from PA92/01210/C
• o Amended Approval Letter PA92/01210/C

This decision also relates to additional information received regarding where parking is available on the site via a Site Plan, dated received 17th May 2024,

This decision has been made for the following reasons(s) Overall the change of use from a Commissioners office to a generic office is deemed acceptable due to the principle of an office already existing upon the site, the fact that the site can be returned to a residential property if required and that there would be a limited impact upon neighbouring properties and parking. The application is deemed to comply with Strategic Policy 1, General Policy 2, Business Policy 1, Business Policy 8 and Transport Policies 1, 4 and 7 in accordance with Appendix 7 of the Isle of Man Strategic Plan 2016.

Date of Issue: 17th June 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.