DEC Decision Notice

Penketh-Millar Mr Chris Penketh 23 West Quay Ramsey IM8 1DL

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 Gordon Rice, Ref 23/01072/B, for the Erection of proposed detached replacement workshop building at Unit 36 Snugborough Trading Estate Union Mills Isle Of Man IM4 4QL .

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 development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

• 3. The units shall be used only for the permitted use of the existing structure on site as a workshop building, and for any Use as outlined in Use Class 2.2 (Light Industrial and Research and Development) and/or Use Class 2.4 (Storage or Distribution) of the Town and Country Planning (Use Classes) Order 2019 or equivalent classes in any replacement to that Order.

Reason: To safeguard the character of the area and planning approval only sought these uses and therefore considered on these basis only.

• 4. The unit hereby approved shall not have a mezzanine floor installed without first receiving prior written approval from DEFA Planning.

Reason: To ensure that there is sufficient parking in accordance with the Strategic Plan

(2016) parking standards.

• 5. No development shall take place until a method statement which sets out how the River Dhoo will be protected from run-off and sedimentation during both the construction phase of the development, and subsequently during the operational phase of the replacement workshop building, has been submitted to and approved by the Planning Authority. Thereafter, the development shall be carried out and operated in accordance with the approved statement.

Reason: To ensure that there is no adverse effect on the adjacent River Dhoo watercourse. The proposed works are in close proximity to the watercourse, and precautions will need to be taken to reduce the possibility of harmful materials such as concrete or washings entering the river.

• 6. No direct exterior lighting, such as security lighting, shall be directed onto the River Dhoo running to the rear of the site.

Reason: The area of river in question is a valuable migratory fish spawning ground, and direct exterior lighting directed onto the river would be harmful to the success of fish spawning in this area.

• 7. The development shall be fitted out internally with a raised freeboard & services sited above potential flood levels.

Reason: To provide a sufficient freeboard against the potential risk for flooding from the adjoining River Dhoo.

This approval relates to the submitted documents and drawings all stamped received on 12.09.2023.

NOTE If works are within 9.1m of the river bank a Section 20 Works Consent should be applied for (https://iomfloodhub.im/guidance/section-20-worksconsent/)

This decision has been made for the following reasons(s) This application has been recommended for approval as it is deemed to be in accordance with General Policy 2; Environment Policy 7; 10; 22, and Transport Policies 4 and 7.

Date of Issue: 24th January 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.