DEC Decision Notice

McGarrigle Architects Ltd Mr Niall McGarrigle 19 Mount Havelock Douglas IM1 2QG

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 Hesketh Investments Limited, Ref 23/00943/C, for the Additional use of general industrial units for garaging and storage of vehicles and small plant and general business storage (Class 2.4) at Units 2 & 3 Braddan Bridge Industrial Estate Peel Road Braddan IM4 4LE .

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 buildings shall be used only from Monday to Saturday inclusive and no activity or business shall be carried out therein on Sundays or Bank Holidays unless otherwise agreed in writing with the Planning Authority. Reason: To safeguard the character of the area
• 3. No industrial process shall be operated at these premises such as prescribed under the UK 'The Environmental Protection (Prescribed Processes and Substances) Regulations 1991, namely:

• 1. The production of fuel and power
• 2. Metal production and processing
• 3. Mineral industries
• 4. Chemical Industry
• 5. Waste Disposal & Recycling
• 6. Other Processes REASON: To protect the character of the area

• 4. The development hereby approved may not be occupied until such time as the associated parking and manoeuvring areas have been completed and set out as shown in the approved plans. Thereafter the parking spaces shall be kept free from obstruction and used only for the parking of vehicles. REASON: In the interest of highway safety
• 5. Notwithstanding the meaning of development in Section 6 of the Town and Country Planning Act 1999 or any act or revoking or re-enacting that Act, no mezzanine floor, other than those shown in the approved plans shall be constructed without a further application for planning permission being submitted and approved. REASON: To ensure appropriate use of the units
• 6. No waste or any other such material shall be stored outside of the units unless otherwise agreed in writing by the Planning Authority. Any request to the Planning Authority shall provide details of the receptacles in which the material is to be stored and the length of time the storage is required. REASON: To protect the character of the site
• 7. No external lighting shall be permitted except that as approved as part of a lighting scheme to be submitted to and approved by the Planning Authority. REASON: In the interest of the neighbouring amenity
• 8. Noise levels from any plant, processes or equipment at the proposed industrial development measured at neighbouring residential premises including gardens, between the hours of 0700 - 2000 hrs (day-time) shall not exceed 50 dB LAeq, 1 hour; and noise levels from any plant, processes or equipment at the proposed industrial development measured at the external facade of neighbouring residential premises, between the hours of 2000 - 0700 hrs (night-time) shall not exceed 45 dB LAeq, 5 minute. REASON: To safeguard the residential amenity of the neighbouring properties. This approval relates to the submitted documents and drawing all received on 17.08.2023.

This decision has been made for the following reasons(s) This application has been recommended for approval as it is deemed to be in accordance with General Policy 2, Strategic Policy 4;5;6;7;10, Environment Policy 7;10;22, Business Policy 1;2;5, and Transport Policy 7.

Date of Issue: 5th October 2023

J CHANCE 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.