DEC Decision Notice

BB Consulting Engineers Mr N Quane 10 Myrtle Street Douglas Isle Of Man IM1 1ED

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 Ms P Pringle, Ref 23/00149/B, for the Installation of a mezzanine floor and additional use as a building management business, an electrician business and storage of domestic vehicles at Unit 21 Industrial Units Middle Farm Richmond Hill Douglas Isle Of Man IM4 1JL .

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. There can be no more than three vehicles that are not related to the building management or electrician business within the building at any time. Reason: the storage of vehicles are only acceptable because of its small scale.
• 3. The storage of vehicles which are not involved with the building management or electrician businesses can only take place whilst at least one of the building management or electrician businesses is in operation. the use for storing vehicles which are not for either business must cease within one month from the date both businesses cease, and such vehicles must be removed from the site within one month from cessation of such businesses.

Reason: the ancillary vehicle storage use is only acceptable due to its small scale, and the main businesses have usage character that fit in with the original approved use for the unit.

• 4. The mezzanine should only be used along with the ground floor and may not be rented out or sold separately. Reason: in the interest of preserving parking standard.

This approval relates to the documents and drawing no. 01 date stamped as having been received on 2nd April 2023 and planning statement as having been received on 17th April 2023.

This decision has been made for the following reasons(s) While failing to comply with its land use designation and technically falls short of the parking standard, the proposed use as a building management business and electrician could be considered to have the same use character of its existing approved use and therefore considered to have similar impact on the area and on parking provision. The ancillary use for vehicle storage only takes up a small area of the unit and does not generate any concern to its main use and the amenity of surrounding areas.

Date of Issue: 23rd June 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 £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.