Decision Notice

Ms Nina Gaigg Middle River Douglas IM2 1AL

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 Isle Of Play, Ref 25/90637/B, for the Demolition of existing timber building and replacement with new single storey building and extend the hours of operation at Adventure Playground Ballaughton Nurseries Douglas Isle Of Man IM2 1AB .

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. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
• 3. The adventure playground (site) and building hereby approved shall not operate outside the following times & days:

• - Monday to Friday - 09:00hrs -1800hrs
• - Saturday & Sunday - Closed

Reason: For the avoidance of doubt and to accord with the details submitted with the application.

• 4. Prior to the commencement of any works details of open fronted nest boxes to be installed within the site shall be submitted in writing for approval by the Department and these

approved details shall be installed prior to the occupation of the new building and retained thereafter.

Reason: In the interest of biodiversity. This approval relates to the submitted documents and drawing all received on 27.06.2025 and 03.07.2025.

NOTE There is potential for legally protected nesting birds in the hedge which is to be removed, it is therefore recommend that removal takes place between the dates of 1st September - 28th February, in order to avoid the main breeding season. Hedge removal that resulted in the destruction of active nests, eggs and chicks would be an offence under the Wildlife Act 1990.

This decision has been made for the following reasons(s) Overall, it is considered that the proposal would not have any significant adverse impacts upon public or private amenities and comply with the relevant planning policies of the IOMSP and the Area Plan for the East. Furthermore, the proposal would be beneficial to children and families/carers who utilise the site by giving extra provisions within the building/site which can only be beneficial to the residents of the IOM.

Date of Issue: 13th August 2025

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 informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/onlineapplications/)

Implementation A determination to grant planning approval does not have effect —

•  if an appeal is submitted until the appeal is determined or withdrawn; or
•  if no appeal is submitted, but there are potential appellants in addition to the applicant, until the time within which an appeal may be submitted has expired (21 days from the date of this notice).

Development must be carried out in accordance with the approved plans and any attached conditions (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 can only be made by a person who has been accorded rights to do so, must be in writing, include the appropriate fee and be submitted to the Department within 21 days of the date of this Notice.

Guidance on how to appeal is available at gov.im/howtoappeal