DEC Decision Notice

Mr Charles Simpson BMS House 495 Portway Balthane Industrial Estate Ballsalla IM92AJ

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 Charles Simpson, Ref 24/00312/C, for the Additional use as health centre (Class 4.1) to allow small part of the building (approx 50 sq m) to be used for a pharmacy dispensing site and health care service for practicing professionals to deliver care consultations to patients by appointment. at BMS House Port Way Balthane Industrial Estate Ballasalla Isle Of Man IM9 2AJ .

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 of the premises hereby approved shall be for the benefit of the applicant only and shall be carried out in accordance with the internal layout drawing referenced "BMS House floor plan", which shall be retained for the duration of the occupation of the applicant.

Reason: For the avoidance of doubt and the application has been assessed on the basis of the nature of the applicants business and to avoid any increase in the number of consultation rooms on the site and to ensure that the dispensing area does not increase beyond that upon which the application has been assessed.

• 3. The proposed additional use as a dispensing pharmacy and clinic hereby approved shall be limited to:

• 1. The distribution and collection of prescription pharmaceutical and medicinal products only (and for no other purpose in Class 1.1 of Town and Country Planning (Use Classes) Order 2019).

• 2. Health Centre use for health consultations by appointment only

Reason: For the avoidance of doubt and to prevent the wider sale of retail goods within an industrial estate.

This decision relates to drawings and information submitted on 14 March 2024, and the parking assessment plan dated 24.04.24.

This decision has been made for the following reasons(s) Whilst the objections regarding the impact on local centres are noted it is considered that the additional use of the building as a pharmacy dispensary and clinic is ancillary and linked to the main use of the building would broadly be in accordance with Business Policy 1 and 5, it is not considered to adversely impact on the general amenity of the area and is in compliance with General Policy 2. In addition the ancillary and small scale nature of the proposal it is not considered that the proposal would be contrary to the policies that seek to control the location and nature of new retail and commercial development as outlined at page 11) para 3.4 (d) of the Isle of Man Strategic Plan 2016.

Date of Issue: 22nd May 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.