DEC Decision Notice

Mrs Lisa Leo 12 Birch Hill Avenue Onchan IM3 4EW

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 Lisa Leo, Ref 22/00465/B, for the Erection of 6 timber beach huts with decking and removable access ramp at Land South West Of Toilet Block Marathon Terrace Queens Promenade Douglas Isle Of Man IM2 4NH .

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 6 timber beach huts with decking and removable access ramp hereby approved (as shown on drawing LL-01 F REV B) shall be removed from the site and the land restored to its former condition (grassed as shown on drawing LL-02 REV A) within 3 years of the date of this Decision Notice. Reason: The development has only been found to be acceptable on a short term basis.
• 2. No development shall commence until details of the colour and texture of the external elevations render have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details and maintained thereafter. Reason: In the interests of the character and appearance of the site and surrounding area.
• 3. The storm board is to be installed and secured on the front elevation of all the beach huts on site between 1st November to 31st March when the huts are not in use for more than three consecutive days. Reason: to reduce the damage from coastal overtopping
• 4. The huts rental shall not be undertaken outside the following times: 10:00-21:00 between 1st April and 31st October Reason: In the interests of clarity and the amenities of the area.

• 5. The 6 timber beach huts with decking and removable access ramp hereby approved shall be removed and the ground restored to its former condition (grass) in the event that they are no longer used or required for a period exceeding a 12 month period.

Reason: The structures have been approved solely to meet an identified need and their subsequent retention would result in an unwarranted intrusion along the promenade.

This approval relates to the documents and drawing no. LL-02 Rev A which have been received on 26th April 2022, drawing no. LL-01 Rev B which has been received on 15th November 2022 and planning statement which has been received on 2nd February 2023.

This decision has been made for the following reasons(s) The proposal is considered to comply with General Policy 2, Environment Policy 35 and Recreation Policy 2 of the Strategic Plan and Urban Environment Proposal 2 of the Area Plan for the East.

Date of Issue: 15th February 2023

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 £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.