DEC Decision Notice

McGarrigle Architects Ltd 19 Mount Havelock Douglas Isle Of Man IM1 2QG

Town and Country Planning Act 1999

The Town and Country Planning (Development Procedure) (No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Mr Andrew Clague, Ref 14/00223/C, for the variation of conditions 4 and 5 of PA 10/00838/B concerning the hours and frequency of use of seasonal marquee at Ballakaighen Farm Whitebridge Road Onchan Isle Of Man subject to compliance with the following condition(s):

1. This approval expires on 30th September 2016 unless a further application to extend or make permanent the uses is made and approved.

Reason: The development is considered as acceptable based upon the information provided but a two year approval is necessary to fully assess the implication of the development on amenity.

1. The marquee may be in situ only between the 1st May and 30th September in any one year. Outside of this time the use shall cease and the marquee must be removed from the application site and stored elsewhere.

Reason: The site lies in the open countryside and a permanent building is inappropriate and contrary to policy.

1. Events on Fridays and Saturdays and 'TT' and 'The festival of Motorcycling' Practice and Race Weeks and the day before Tynwald Day shall finish by mid-night. All events on other days shall finish by 22.00.

Reason: In the interests of public amenity.

1. The applicant is required to notify the Planning Authority, in writing, of at least five evening events on any Friday or Saturday during each season, so potential noise and traffic measurements can be undertaken.

Reason: In the interests of public amenity.

1. Noise levels generated by the use of the marquee, including amplified music, after 2300 hrs must be no greater than 40 dB LAeq, 5 minute or no louder than background noise levels, whichever is the higher, measured at the façade of neighbouring residential premises.

Reason: To safeguard the amenities of occupiers of nearby properties.

This approval relates to Drawing reference number P01 received on 27th February 2014.

Date of Issue: 26th June 2014

M Gallagher

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 permission refers only to that required under the Town and Country Planning (Development Procedure) (No 2) Order 2013. Any appeal against this decision must be in accordance with Article 8 of the Order.

A valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

• Payment of a planning appeal fee as prescribed in an order made by the Department under Section 1(1) of the Fees and Duties Act 1989 (currently £150);
• The reasons for making the appeal; and
• An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department's website http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-appeals/how-to-appeal/

Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.

The proposed development must not be commenced until either;

• The time for requesting an appeal has expired; or
• Any appeal has been determined;

Whichever is the later.

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application 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.