DEC Decision Notice

Harbour Quay Ltd Dr E Thomas 15 Bank Street Castletown IM9 1AT

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 Harbour Quay Ltd, Ref 23/01198/C, for the Change of use of ground and first floor into a two surgery Dental practice and maintain the top floor as a residential flat at Shore House The Promenade Castletown Isle Of Man IM9 1BG .

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 hours of use of the dental surgery hereby approved shall be as specified as part of the application submission, namely 8.30am to 5.30pm Mondays to Thursdays, Friday 9am to 1pm, and Saturdays 9am to 2pm.

Reason: The application has been assessed on the basis of the opening hours provided as part of the submission. Any extension to opening hours would require further assessment in the context of residential amenity and highway safety considerations.

• 3. The second-floor 1-bedroom flat hereby approved shall only be used and occupied in connection with the approved dental surgery, and shall only be occupied by persons in gainful employment of the dental surgery. The residential flat shall not be rented out or sold to persons who are not in gainful employment of the dental surgery.

Reason: The residential flat does not benefit from a separate pedestrian access and has been assessed and approved purely on the basis that it would operate as staff accommodation in connection with the dental surgery.

• 4. The use of the premises, namely the ground and first floors of the property, shall only be for the purposes of a dental surgery and for no other use falling within Use Class 1.2 of the Town and Country Planning (Use Classes) Order 2019.

Reason: Permission has been granted solely on the basis and merits of the proposed use. Any subsequent change of use of the premises within the same use class would require further assessment.

This approval relates to the following drawings and documents; Location plan Existing floorplans Proposed floorplans Parking location plan Car park site plan Parking survey description document Parking survey Covering letter Site photos - front elevation

• Site photos - side elevation 1
• Site photos - side elevation 2 Received 16.10.23

Additional confirmation from applicant - Commissioners car park Received 26.01.24

Additional confirmation from applicant - opening hours and x-ray equipment Received 28.02.24

This decision has been made for the following reasons(s) The proposed development is considered to be acceptable in principle by providing a much needed dental surgery within Castletown, without detriment to the visual amenities of the locality, the amenities of surrounding residential properties within immediate proximity to the site, nor give rise to a detriment impact upon the safety and capacity of the local highway network. The proposals are therefore deemed to be compliant with Strategic Policies 2, 4 and 5, Spatial Policy 2, General Policy 2, Housing Policy 18, Community Policy 6 and Transport Policies 4 and 7 of the Strategic Plan (2016).

Date of Issue: 5th March 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.