Decision Notice

Mr Barry Murphy 3 Altdale Terrace Lezayre Road Ramsey IM8 2LR

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 Man Development Co Ltd, Ref 24/91125/C, for the Change of use to include the display, sale, storage & distribution, maintenance, assembly & repair of disability equipment at Unit 46 Spring Valley Industrial Estate Douglas Isle Of Man IM2 2QS .

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 site shall only be used for the storage and sale of mobility equipment directly related to the operation of the business as set out in the application, and in accordance with the layout of the unit as identified on Drawing 1115-04 received 30 September 2024. No part of the building shall be used for a different purpose other than that expressly detailed in the approved documents. Reason: To ensure that:

• o the use of the site remains for the sale of goods associated with the operation of the mobility equipment business and preventing its expansion into general retail activities.
• o the scale and nature of the commercial activity on-site remain within the requirements
• of Business Policy 5 of the Strategic Plan.

• 3. No materials, goods, or equipment shall be stored outside the building. Reason: in the interest of visual amenity of the area. This decision relates to the documents and plans received 30 September 2024.

This decision has been made for the following reasons(s) While the proposal includes an element of retail, there is sufficient justification to conclude that the items could not be reasonably sold from a town centre location because of their size or nature. Moreover, the proposal does not conflict with other uses currently taking place in the immediate vicinity, combined with the small scale of the retail area and increased floor area which is unlikely to have a negative impact on neighbouring properties. The proposal is, therefore, considered to align with the goals of Business Policies 5 and 10, Strategic Policies 9, Transport Policy 7, General Policy 2, and Paragraph 9.2.6 of the Strategic Plan.

Date of Issue: 26th November 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 at gov.im/viewapplications

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