DEC Decision Notice

Cevdet Atis 20 Royal Buildings Main Road Onchan IM3 1AP

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 Cevdet Atis, Ref 22/00537/B, for the Siting of a cold storage container and change of use of unit from industrial to food distribution (retrospective) at Unit 9 Kirby Farm Industrial Estate Vicarage Road Douglas Isle Of Man IM4 4LA .

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 storage use hereby approved shall only take place in the approved cold storage unit and main industrial unit, and shall be in accordance with the submitted plans and documents, date stamped as having been received 21 April 2022. There shall be no external storage of material outside the storage unit hereby approved or within the site, unless otherwise agreed in writing by the Planning Authority.

Reason: To protect the amenities of adjoining land users and to safeguard the visual character of the site and area.

• 3. The installation and use of the storage container hereby permitted as part of the proposed development is the subject of a temporary approval, the container must be removed from the site on or before the expiration of 4 years from the date of this decision notice and the land restored to its former condition within 1 subsequent month.

Reason: The cold storage container is acceptable only for a temporary period because it meets a specific short-term need.

• 4. The food distribution use of the Unit and cold storage container hereby approved, shall not be undertaken or be in operation for the purposes hereby approved outside the following times:

• o 07.00 and 19.00hrs Monday to Friday
• o 07.00 and 13.00 hours on a Saturday ,and
• o The use shall not be undertaken at any time on Sundays. Reason: In order to maintain the amenities of the area.

• 5. There shall be no external lighting of the development hereby approved without the prior written approval of the Planning Authority. Reason: In the interests of the character and appearance of the site and surrounding area. This approval relates to the submitted documents and drawing all received on 21.04.2022.

This decision has been made for the following reasons(s) Overall, it is concluded that the planning application is in accordance with General Policy 2, Business Policies 1 and 5, and Transport Policy 7 of the Isle of Man Strategic Plan 2016, and is recommended for approval.

Date of Issue: 2nd September 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.