DEC Decision Notice

1886 Limited Conister Glencrutchery Road Douglas IM2 6BB

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 1886 Limited, Ref 22/00485/B, for the Temporary erection of a stage and associated structures for four weeks over the TT period at Villiers Square Fort Street Douglas Isle Of Man IM1 2AX .

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 temporary building/s hereby approved on this site shall only be in situ from between 22.05.22 and 18.06.22 to allow for set up and removal.

The use hereby approved shall not be operational before the 28.05.22 and after the 12.06.22, and the site shall be cleared and returned to its former condition by the 18.06.22.

Reason: To ensure the development takes place in accordance with the approved details.

• 2. Live/amplified music shall only be played in accordance with the applicant's e-mail received 05.05.22.

Reason: for the avoidance of doubt and in the interests of residential amenities of local residents.

This decision relates to the following plans/information (all date stamped as having been received 13.04.21 unless otherwise indicated); Location and Site Plan (Drawing No. 1886-P-01) Proposed Site Plan (Drawing No. 1886-P-02) Main Stage General Arrangement (Drawing No. NN2495-01 Rev C) Front of House GA (Drawing No. NN2495-02 Rev O). Copy of Occasional Licence for 11/06/22 - 12/06/22 Copy of Occasional Licence for 28/05/22 - 10/06/22 E-mail from Applicant dated 13/04/22 providing PDFs of Mojo Barrier, Cable Ramp, Site Office (used for both offices) and Container Bars with links to toilets and fencing to be used E-mail dated 04.05.22 amending application E-mail dated 06.05.22 relating to music times

This decision has been made for the following reasons(s) The policy framework set out in the Strategic Plan and Area Plan for the East (in particular paragraphs 3.4.2, 6.7.2 and 9.3.1) is supportive of Temporary entertainment uses within Douglas Town Centre. Given the short duration of the proposal it is considered to have a neutral impact on the Conservation Area and so not to conflict with Strategic Plan Environment Policy 35. Given the central location and availability of other parking and public transport it is not considered the lack of on-site parking provision is unacceptable. Whilst a level of amenity impact is unavoidable, in the context of a short term event, taking place during TT (when this is already a level of impact), within a Town Centre location and within the overall policy context which supports temporary events/entertainment within Douglas town centre it is not considered that the amenity impact is sufficient to warrant refusal.

Date of Issue: 7th May 2022

Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner 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.