DEC Decision Notice

Cromptons Architectural Design & Project Management Services 21 Stanley Road Peel Isle Of Man IM5 1NP

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 Neil And Mrs Maureen Crompton, Ref 23/01452/B, for the Creation of two light industrial units, creation of car parking, widening of entrance and landscaping at Land Off Stanley Mount Stanley Road Peel Isle Of Man IM5 1NY .

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 units, hereby approved, shall be used for light industrial purposes or research and development only, as outlined in Part 2, 6, Class 2.2 - Light industry and Research & Development in the Schedule attached to the Town and Country Planning (Use Classes) Order 2019; and, for no other purposes.

Reason: In the interest of maintaining the residential amenities enjoyed by occupants of adjoining dwellings.

• 3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the workshop buildings, hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• 4. Prior to the first occupation of the development, hereby approved, a Landscaping Scheme shall be submitted to and approved in writing by DEFA Planning. The Landscaping

Scheme shall include details of all planting and sowing, including size, species and numbers of trees and plants, ground preparation, management and maintenance, and measures to encourage and enhance the biodiversity of the site. All planting, seeding or turfing comprised in the approved details of landscaping as shown by drawing 49.3.07, must be carried out in the first planting and seeding seasons following the completion of the development. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: To ensure that the development provides an attractive environment in accordance with Policy GP2 b) c) and d); and, Environment Policy 35 in the Adopted Isle of Man Strategic Plan (2016).

The development, hereby permitted, shall be carried out in accordance with the following approved plans and documents:

• Drawing No. Sheet 1 - Proposed Block Plan; and, Floor Plans;
• Drawing No. Sheet 2 Rev. A - Location Plan; Site Plan; and, Elevations; all date stamped received on 8th December, 2023.

NOTE The applicant is advised to consult with the Fire Safety Department to discuss fire safety measures.

This decision has been made for the following reasons(s) On balance, and bearing in mind the changes since the originally refused PA Ref: 06/01658/B scheme was considered; the approval of PA Ref: 07/02225/B for the same scheme as that currently proposed; the adoption of the Manual for Manx Roads in June, 2021; and, the coming into force of the Isle of Man Strategic Plan in 2016; it is considered that the proposal would not result in any adverse impacts to the surrounding area so as to warrant refusal. The visual improvements to the site would enhance the Conservation Area. Overall, it is concluded that the planning application is in accordance with Policies SP3, SP4, SP7, GEN2, ENV7, ENV10, ENV22 iii), ENV35, T4 and T7 of the Isle of Man Strategic Plan 2016 and is recommended for approval.

Date of Issue: 18th June 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.