Decision Notice

Rory Dorling T/a Gelatory Highland Park Saddle Road Douglas IM2 1HG

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Rory Dorling T/a Gelatory, Ref 18/00230/C, for the Change of use from retail/therapy to ice cream parlour at 1 Market Hill Ramsey Isle Of Man IM8 1JT subject to compliance with the following condition(s) and notes (if any):

• 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• 2. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) the ground floor unit shall only be as a Class 3 food and drink, with ancillary takeaway of cold desserts or hot and cold drinks, or as a Class 1 shop and shall not be used for any other purpose. The use hereby permitted shall not include the sale of hot food for consumption off the premises or any activity involving such sales whether ancillary or incidental to the use of the premises.

Reason: To ensure proper control of the development and to avoid any future undesirable uses being carried out on the site in the interest of the amenity of the neighbouring properties in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.

• 3. There shall be no deep fat frying on the premises at any time and no mechanical kitchen extraction equipment shall be installed within the unit.

Reason: To protect the living conditions of neighbouring residents and in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.

• 4. The premises shall not be open for trading except between the hours of 1100 to 2200 daily.

Reason: In the interests of the amenities of nearby residents and in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.

This Planning permission relates to the following plans and documents: -

Location Plan Site Plan Existing Internal Layout (Drawing No. (bw)ap03b - Ground Floor Plan) Proposed Layout (Drawing No. (bw)ap03b - Ground Floor Plan) Date-stamped as having been received 05 March 2018. NOTE The applicant is advised that no approval has been given for any external advertisements and such consent should be sought under the Town and Country Planning (Control of Advertisement) Regulations 2013.

Date of Issue: 14th June 2018

Director of Planning and Building Control

Guidance Note

This decision was made by the Director of Planning and Building Control in accordance with the authority delegated to them in the name of the Minister and/or in the name and on behalf of the Department.

All correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.

https://www.gov.im/planningapplication/services/planning/search.iom This decision refers only to that applied for under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

•  Payment of a planning appeal fee as prescribed in the Town and Country Planning (Application and Appeal Fees) (No2) Order 2016 (currently £175);
•  The reasons for making the appeal; and
•  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

PleasenotethatifthecountercopyoftheapplicationisnotcollectedwithinTHIRTY DAYS following the last date on which a planning appeal can be made it will be destroyedwithoutfurthernotice.