Decision Notice

Miss P Newton 2 Glen View South Cape Laxey

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 REFUSE an application by Isle Of Man Fat Stock Marketing Association Limited, Ref 17/01021/C, for the Change of use of part of upper floor from office use and meeting room to food retail and preparation of food products for retail at the premises at Ballafletcher House Ballafletcher Farm Road Cronkbourne Douglas Isle Of Man IM4 4QE for the following reason(s):

• 1. The proposal includes a significant retail element and is therefore contrary to Policy
• 2.5 of the 1991 Braddan Local Plan.

• 2. The proposal includes out-of-town retail and has not provided sufficient justification that either: the items could not be reasonably sold from a town centre location because of their size or nature; or the items are produced on the site and their sale could not reasonably be severed from the overall business. Futhermore, insufficient evidence has been provided to demonstrate that the proposal would not detract from the vitality and viability of town centre shopping areas. The proposal is therefore considered to be contrary to Strategic Plan (2016) Business Policy 5.
• 3. The proposal appears to make use of road-side parking and represents a reduction in the overall level of parking provision of the existing office use. On that basis it is not considered that the proposal has provided sufficient parking and is therefore considered contrary to Strategic Plan (2016) General Policy 2 (h) and Transport Policy 7.

Date of Issue: 28th December 2017

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.

This decision refers only to that applied for under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Whilst a copy of the Officer’s report is included alongside this notice, any wider correspondence which led to the assessment and decision is now 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

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.