DEC Decision Notice

Mr Harry Dale 22 Westminster Terrace Douglas IM1 4EE

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 Mr Harry Dale, Ref 23/00181/C, for the Change of use to a gaming lounge (retrospective) at Unit 1D Riverside Trading Estate Pulrose Road Douglas Isle Of Man IM2 1AB .

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 approved use is for gaming lounge use only. Any use changes within or outside use class 4.4 (including gym) will need to submit a new planning application.

Reason: The assessment is made according to the impact of a gaming lounge. Any changes will need to be reassessed regarding its impact on neighbouring properties and on the future usage of neighbouring properties.

This approval relates to the documents and drawing no. 22/14/01 which has been received on 18th February 2023.

This decision has been made for the following reasons(s) While against land use designation, the proposed use does not conflict with other uses currently taking place in the same building, particularly the previously approved gym. On balance of the small size of the unit and its unlikeliness to have a negative impact on neighbouring properties, the proposal is considered to be acceptable.

Date of Issue: 29th May 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.