DEC Decision Notice

Mr Peter Martin Church Warden Of St Thomas Church 20 Maple Avenue Onchan IM3 3HN

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 Peter Martin, Ref 24/00286/B, for the Erection of flower art installation on east side of church tower at St Thomas Church Church Road Marina Douglas Isle Of Man IM1 2HQ .

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 Installation a flower art installation on the East side of the Church tower as approved shall be removed from the building/site by the 1st September 2024.

Reason: The application has proposed to be a temporary art installation and for it to be removed by the 1st September 2024 which the application has been judged solely on.

This approval relates to the submitted documents and drawing all received on 12.03.2024.

NOTE The applicants are recommended to speak with the Ecosystem Policy Team prior to the installation of the art works in order to determine if and what avoidance and mitigation measures are required in relation to swifts.

This decision has been made for the following reasons(s) The proposed flower art installation is acceptable and as such complies with General Policy 2, Environment Policy 35 and Sections 16(3) & 18(4) of the Town and Country Planning Act (1999).

Date of Issue: 22nd April 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the 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.