DEC Decision Notice

JTM Architecture The Basement 16 Derby Road Douglas Isle Of Man IM2 3ET

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 Dazan Ltd, Ref 22/00247/C, for the Change of use from a Retail/Leisure facility to Class 1.3; selling food or drink for consumption on the premises and the installation of rear flue and installation of rear storage at Unit 1-3 Villa Marina Arcade Douglas Isle Of Man IM1 2HN .

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. No development regarding the rear storages shall be commenced on site until a detailed plan has been first submitted to and approved in writing by the Department showing details of proposed storage, including but not limited to its material, texture, color and opening methods. All works regarding the rear storages shall be carried out in accordance with the approved details. Reason: In the interests of the appearance of the development and the surrounding area.

This approval relates to the doucments, JTM2138A-P-01, JTM2138A-P-02, JTM2138A-P-03, JTM2138A-P-04 as having been received on 24th March 2022.

This decision has been made for the following reasons(s) The semi-openness and neoclassic architectural character of the colonnade is preserved and the use of the colonnade as part of the restaurant does not deny public access and therefore preserves an important part of the public realm in Douglas.

This application is considered to comply with General Policy 2, Environment Policy 35 and Transport Policy 7 of the Strategic Plan, Planning Policy Statement 1/01 and Urban Environment Proposal 2 of the Area Plan for the East.

Date of Issue: 27th May 2022

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 £305); 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 £115). 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.