DEC Decision Notice

Andrew Feeney Town Hall Parliament Street Ramsey IM8 1RT

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 Andrew Feeney, Ref 24/00332/B, for the Erection of three mobile huts to be used as changing cubicles at Temp Beach Changing Shelters Mooragh Promenade Ramsey Isle Of Man .

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 huts hereby approved shall not be positioned within 5m of the access steps to the beach.

Reason: in the interest of highway safety for visibility purposes between pedestrian and cyclists on the promenade.

This approval relates to the following:

• o dwg 2020-065-001 Location Plan
• o dwg 2020-065-002 Site Plan
• o dwg 2020-065-003 Hut Details
• o dwg 2020-065-004 Plans and Elevations
• o Existing photograph
• o Proposed Photo Montage
• o Flood Risk Assessment

• All date received 15/03/2024

This decision has been made for the following reasons(s) The proposed works are acceptable in principle and have an acceptable visual impact complying with General Policy 2 (b, c, g) and Recreation Policy 2 of the Isle of Man

Strategic Plan 2016. In terms of highway safety subject to a suitably worded condition for the huts being positioned 5m from the access steps they are considered to have acceptable highway safety impact in line with GP2 (h and i). In terms of flood risk, although recognised as being within a flood risk area the applicant has provided a FRA, the units are not permanent buildings and would not be at such an unacceptable risk to flooding also given they're to be positioned beyond the sea wall. The applicants have indicated the intention to remove them during the winter months which would be in their best interest to help safeguard the longevity of the units, while DOIFRM have requested a condition it is considered somewhat unreasonable in this specific case minded of the foregoing and therefore the proposal is not considered to be at odds with Environmental Policies 10 and 13 of IOM Strategic Plan 2016.

Date of Issue: 10th May 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.