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Kelly-Lewthwaite Building Design Limited 23 Market Street Douglas Isle of Man IM1 2PA
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 Landscope Limited, Ref 23/01454/GB, for the Alterations to facilitate a change of use from place of worship to gym with associated facilities (in association with 23/01453/CON) at All Saints Church Alexander Drive Douglas Isle Of Man IM1 4EB .
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).
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.
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.
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 considerations.
Reason: The application has been assessed solely on the basis of the approved layout. Any deviation to the layout and introduction of additional activities would require further assessment in the context of residential amenity considerations.
Reason: The application has been assessed solely on the basis that no organised exercise and/or fitness classes will occur on the premises. The introduction of such activities would require further assessment in the context of residential amenity considerations.
Reason: To protect the visual amenity of the area and ensure the protection of Registered Trees within the site.
8D - proposed site plan Noise levels statement from agent Highways response from agent
This decision has been made for the following reasons(s) The proposals are considered to result in the appropriate use of a vacant place of worship, which would ensure the continued use, upkeep and maintenance of a Registered Building, without detriment to its character, architectural significance, or the character and appearance of the wider Conservation Area. The proposals are further considered to not result in a demonstrable level of harm to the amenities of local residential properties, whilst providing a sufficient level of on-site parking and not resulting in a detrimental impact upon the safety and convenience of the local highway network.
The proposals therefore are deemed to comply with Strategic Policy 5, Spatial Policy 1, General Policy 2, Environment Policies 32, 33, 35 and 42, Community Policy 3 and Transport Policies 4 and 7 of the Strategic Plan (2016).
Date of Issue: 28th March 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.
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