DEC Decision Notice

Ellis Brown Architects Ellis Brown Architects Mr B Howard 12 Strathallan Crescent, Queens Promenade, Douglas IM2 4NR

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 CCSE Leisure, Ref 23/00093/B, for the Alteration and erection of extension to existing facility at West Coast Fitness Close Beg Ballawattleworth Peel Isle Of Man .

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. All new windows on the north eastern and south western elevations of the approved building, must on installation be fitted with obscured glazing to at least level 5 of Pilkington's Guide to obscuration and shall be retained as such unless otherwise agreed in writing with the Planning Authority. Reason - To protect the amenity of adjacent properties.
• 3. The building as extended by this permission shall be used for leisure and community purposes only. Reason - To protect the amenity of adjacent properties.
• 4. The building as extended by this permission shall not be open outside of the following time periods unless otherwise agreed in writing with the Planning Authority:

Monday - Thursday 06:00 - 21:00; Friday 06:00 - 20:00; Saturday 08:00 - 16:00; and,

Sunday 08:00 - 12:00.

Reason - To protect the amenity of adjacent properties. The Department has previously assessed the impact of the proposed development on the basis of the specific times requested for within PA 18/00724/B and any alternative opening times will require further consideration.

• 5. Prior to the commencement of the development, hereby approved, details of the proposed cycle storage facilities shall be submitted to and approved in writing by DEFA Planning. The development shall be carried in accordance with the approved details, which shall be retained and permanently made available for cycle parking. Such cycle parking facilities shall allow for 2 No. 'Sheffield' type hoops which should be provided near the main entrance for visitors.

Reason: To ensure that sufficient cycle parking provision is made on site commensurate with the size of the facility as outlined in the Manual for Manx Roads and LTN1/20.

This approval relates to the documents and plans date stamped and received 9th February, 2023;

Drawing No. 22-3159-01 - Site Location Plan @ scale 1:1,250;

• Drawing No. 22-3159-04 - Proposed Sections and Roof Plan;

• Drawing No. 22-3159-06 Rev A - Proposed Floor Plans; and,

Drawing No. 22-3159-05 Rev. A Proposed Site Plan. Received 7th June, 2023.

• Drawing No. 22-3159-07 Rev. A Proposed Elevations Received 7th June, 2023.

This decision has been made for the following reasons(s) Overall it is concluded that the planning application accords with the provisions set out in General Policy 2 and Environment Policy 22 of the Isle of Man Strategic Plan 2016.

Date of Issue: 4th July 2023

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 £335); 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 £125). 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 (should one have been received) 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.