DEC Decision Notice

Modus Architects 5 Parliament Square Castletown Isle Of Man IM9 1LA

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 Salvation Army, Ref 20/01217/C, for the Change of use from office to Salvation Army headquarters at Former British Red Cross Building Isle Of Man Business Park Braddan Isle Of Man IM2 2QZ .

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 use hereby approved shall only be in accordance with the Floor Plans date stamped as having been received 14.10.20.

Reason: The development hereby approved is only acceptable in this location because of the special circumstances of the proposal.

• 3. The development hereby approved shall not be used unless provision is in place for bicycle parking for at least 8 bicycles in accordance with details which have first been approved in writing by the Department. Reason: to ensure adequate provision is made for bicycle parking.
• 4. The proposed uses as Lunch Club, CAMEO, Parent and Toddler Group and Messy Church shall only take place once a week as set out in paragraph 3.1 of the Supporting Statement date stamped received 14 October 2020.

Reason: The uses are not considered to strictly accord with the land use designation and are only considered acceptable on the terms proposed in the application and as part of the overall Salvation Army HQ as an exceptional use.

This decision relates to the following plans/information date stamped as having been received 14/10/20:

• - Planning Statement (including parking assessment);
• - Floor Plans (Drawing No. 2017-001 Rev A); and
• - Site and Location Plans (Drawing No. 2017-002 Rev A).

This decision has been made for the following reasons(s) It is noted that there is a mix of interlinked uses on the site and the unique operational requirements of the applicant may mean that finding an alternative site may be difficult. The office element of the scheme could, in isolation, potentially be viewed as an HQ and therefore comply with the use. Furthermore, the planning history of the site is noted and that as this was not previously used for industrial purposes, there is arguably no net loss of available industrial land. Finally, the lack of objection from consultees is noted. It is therefore considered that on balance and when considered in totality and the proposed operator, the proposal is acceptable.

Date of Issue: 14th December 2020

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 £285); 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 £100). 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 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.