Decision Notice

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 Danny Cretney, Ref 25/90336/C, for the Additional use of part ground floor jointly with existing car showroom for coffee shop (class 1.3) and further ancillary use for hot food takeaway (class 1.4) at Athol Garage Balthane Industrial Estate Balthane Ballasalla Isle Of Man IM9 2AF .

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 commence within four years from the date of this decision notice.

Reason: To comply with Article 26 of the Development Procedure Order 2019 and prevent the accumulation of unimplemented permissions.

• 2. The development hereby approved shall be carried out in accordance with the approved layout detailed on Drawing No. P586/01, and Operational Vehicle and Parking Strategy for Shared Use of Athol Garage Site prepared by Matthew James Limited and dated 7 August 2025 and shall be retained as such thereafter.

Reason: To ensure the development is implemented in accordance with the approved layout and plans as assessed.

• 3. The approved coffee shop shall operate solely within Class 1.3 (food and drink for consumption on the premises) and Class 1.4 (hot food takeaway) and shall not be used for any other purpose within the Use Classes Order 2019 without prior written approval.

Reason: To ensure the use remains consistent with the approved planning assessment and to prevent adverse impacts from alternative uses.

• 4. The coffee shop and takeaway shall operate only between 0700 and 1900 Monday to Saturday, and 0800 to 1600 on Sundays and Bank Holidays.

Reason: To protect residential amenity and ensure compatibility with surrounding land uses, particularly adjacent dwellings.

• 5. The development shall be operated in accordance with the submitted Parking Management Plan, which identifies a minimum of 15 dedicated short-stay parking spaces for coffee shop and takeaway customers. The approved signage, wayfinding, and operational arrangements shall be implemented in full prior to first use and retained as such thereafter.

Reason: To ensure adequate parking provision and prevent overspill onto surrounding residential roads, in accordance with General Policy 2(h) and Transport Policy 7.

• 6. Prior to first use, a Delivery and Waste Management Plan shall be submitted to and approved in writing by the Department. The plan shall include:

• i. Delivery hours and vehicle types;
• ii. Waste storage and collection arrangements;
• iii. Measures to prevent odour and litter nuisance. The development shall be carried out in accordance with the approved details.

Reason: To safeguard residential amenity and ensure efficient servicing arrangements in accordance with Environment Policy 22.

• 7. Prior to installation, details of any extraction or ventilation equipment shall be submitted to and approved in writing by the Department. The equipment shall be installed in accordance with the approved details and retained thereafter.

Reason: To prevent odour nuisance and protect the amenity of nearby residential properties in accordance with Environment Policy 22.

• 8. No external amplified music, outdoor seating, or external lighting associated with the coffee shop or takeaway shall be installed or operated unless expressly authorised through a separate planning approval.

Reason: To prevent disturbance to nearby residents and ensure that any intensification of use is subject to formal assessment in accordance with General Policy 2(g) and Environment Policy 22.

• o Agents Response to Case Officer (29 Jul 2025)
• o Operational Strategy (11 Aug 2025)
• o Response from Applicants to Comments dated 29 May 2025
• o Drg. P586 02 Parking Allocation Plan (29 Jul 2025)
• o Drg. Location Site and Proposed Floor Plans (28 Mar 2025)

Date of Issue: 7th October 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