DEC Decision Notice

Ms Amore Du Plessis 5 Ballaughton Park Douglas Isle Of Man IM2 1LA

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 Ms Amore Du Plessis, Ref 24/00189/C, for the Additional use of ground floor room bedroom as a photography studio at 5 Ballaughton Park Douglas Isle Of Man IM2 1LA .

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 for the benefit of the resident of the dwelling 13 Ballaughton Park and no staff may be employed and/or work at the premises.

Reason: Although the specific details of this application have been found acceptable, any change to its operation will require fresh assessment.

• 3. Notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) Regulations 2013 (or any Regulations revoking and/or re-enacting those Regulations with or without modification) no advertisement on or within 13 Ballaughton Park may be displayed without the prior submission and approval of advertisement consent. Reason: To control development in the interests of the amenities of the surrounding area.
• 4. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 or any order amending, revoking or re-enacting these Orders, the building hereby approved shall be used only for the purpose hereby approved (photography studio) and shall not be used for any other purpose within Use Class 1.1 without the express grant of planning approval from the Department.

• Reason: To enable the Department to consider the implications of any subsequent change of use on the amenities of the area.
• 5. The business shall not operate outside of the operational hours stipulated in the application. Opening Hours: 9:00 to 18:00 Reason: In the interest of protecting neighbouring living conditions.
• 6. The area of the building to be used for the photography studio shall be limited to that shown on Drawing No.02P, dated received 21st March 2024, forming part of the application and the use hereby permitted shall not extend into any other part of the premises.

Reason: To minimise the disturbance to adjacent residential occupiers and to protect the residential character of the locality.

• 7. The proposed parking space in front of the garage, shall be accessible prior to the operation of the business and not be used for any other purpose other than the parking of vehicles associated with the development and shall remain free of obstruction for such use at all times unless otherwise approved in writing by the Department.

Reason: To ensure that sufficient provision is made for off-street parking during the business operational hours in the interest of highway safety.

This decision relates to the following plans and drawings, date stamped received on 22nd March 2024;

• o Covering Letter
• o Drawing No. 01P
• o Drawing No. 02P
• o Proposed Floor Plan
• o Email correspondence from advocate

This decision has been made for the following reasons(s) The proposal is considered to comply with General Policy 2, Business Policy 1 and Business Policy 7 of the Isle of Man Strategic Plan 2016 and therefore acceptable.

Date of Issue: 26th 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.