DEC Decision Notice

Sarah Corlett Town Planning Consultancy Ltd Miss Sarah Corlett Ballachrink Croft Ballacorey Road Bride IM7 4AW

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 Manxonia Limited, Ref 23/01196/B, for the Variation of condition 2 of 21/01313/B to allow the premises to be open to customers between 0800hrs and 2345hrs and with an additional hour - 0800hrs - 0045hrs on New Year's Eve/Day at Manxonia House And Overcliffe Bay View Road And The Promenade Port St. Mary IM9 5DA .

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. No customers of the retail, tearoom or restaurant facilities hereby approved (Use Class 1.1 and 1.3) shall be served or remain in the building outside the following hours:

• o 0800 hrs - 2345 hrs any day, and
• o 0800 hrs - 0045 hrs on New Year's Eve/New Year's Day.

Reason: The application has been assessed on this basis as requested in the application and in the interests of public amenity, and to separate the customers of the retail/tearoom/restaurant facility from the customers of the tourist accommodation.

This approval relates to the following information all date received 19/10/2023:

• o DRG No. 2102/01
• o DRG No. 2102/02
• o DRG No. 2102/03
• o DRG No. 2102/04
• o DRG No. 2102/05, and
• o Planning Statement

This decision has been made for the following reasons(s) The extended opening times are considered to be acceptable and not at odds with Environment Policies 22 or 23 or General Policy 2 (g) of the Isle of Man Strategic Plan 2016 and minded that the principle of these buildings being brought back in to use in line with the land use designations contributing to the vitality and growth of employment

• opportunities in Port St Mary remains a key factor weighing in favour of the overall proposal.

Date of Issue: 19th December 2023

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Head of Development Management 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.