DEC Decision Notice

Mrs Joanne Kelly 30 Farrrant Street Douglas Isle Of Man IM2 3HG

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 Mrs Joanne Kelly, Ref 21/00794/C, for the Additional use of community hall as a dance studio at The Lena Quayle Hall Hutchinson Square Douglas Isle Of Man IM2 4HP.

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 use hereby approved is for the additional use of the premise as a dance studio, an addition to the current use as a community hall. Reason: To clarify and set down approved used use of the premises.
• 3. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 or any order amending, revoking or re-enacting these Orders, the additional use hereby approved shall be used only as a dance studio for the purpose hereby approved and shall not be used for any other purpose within Use Class 4.4 without the express grant of planning approval from the Department.

Reason: To enable the Department to consider the implications of any subsequent change of use on the amenities of the area.

• 4. No customers/clients for the dance studio shall be served or remain in the building outside the following hours:

Monday-Friday 06.00-21.30, except when it is a public holiday or within school holidays, Saturdays, Sundays, Public Holidays and School Holidays 09.00-21.30.

Reason: In order to protect local residents' amenity in terms of noise or any other disturbance that may arise from additional classes. This condition does not restrict the building being accessed by staff and is not intended to restrict the carrying out of related activities (such as cleaning) at other times.

• 5. Prior to the use of audio equipment in the operation of the development hereby approved, details of the proposed system and any mitigation measures shall be submitted to and approved in writing by the Department and the development undertaken in accordance with the approved details. The details must address the potential for noise nuisance in the function room and include means of reducing this potential issue. Reason: In the interest of protecting public amenities.

This approval relates to the submitted documents, location plan, site plan, operation statement, parking survey and property details as having been received on 6th August 2021.

This decision has been made for the following reasons(s) This application is considered to comply with General Policy 2 and Transport Policy 7 of the Strategic Plan.

Date of Issue: 6th October 2021

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 £295); 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 £110). 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 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.