DEC Decision Notice

Ms Elke Zinnecker Excel Group ltd Unit 1 C, Balderton Court Ballasalla IM9 2AJ

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 Ian Swindells, Ref 23/01446/B, for the Courtyard and beach area to be used as temporary event and bar space; installation of additional seating and stretch tent; alterations to WC block. at Cosy Nook Shore Road Port Erin Isle Of Man IM9 6HH .

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. Details of the form, the materials, and the position of the fixings for the proposed stretch tent canopy are to be submitted and approved in writing by the Department prior to installation. Thereafter, the stretch tent canopy is to be installed in accordance with the approved details. Reason: To ensure that the setting of the registered building is preserved and protected.

This decision relates to drawings 2302-PL-001, 2015-PL-002, 2302-PL-003, 2302-PL-004, 2302-PL-005 and 2302-PL-006, together with the other supporting information submitted on 14th December 2023.

This decision has been made for the following reasons(s) The proposals meet the tests of Section 16 of the Town and Country Planning Act 1999 as the setting of the Registered Building is being preserved. The proposals also comply with General Policy 2, Environment Policies 11, 13, 32 and 33, Transport Policies 4, 6 and 7 and Strategic Policy 4 along with Planning Policy Statement 1/01. Whilst the beach is not designated for any specific use, its use for public sitting, eating and drinking is already

established and it is judged that the specific use designation of this small section will not adversely impact its overall amenity value. The application is therefore judged to be acceptable.

Date of Issue: 30th January 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 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.