DEC Decision Notice

Duncox Hospitality Limited 26 Duke Street Douglas IM1 2AY

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 Duncox Hospitality Limited, Ref 19/00117/B, for the Variation of condition 2 of PA 18/01240/C, Change of use of ground floor and basement from retail to Class 3 Food and Drink, to amend opening hours at 15 - 17 Duke Street Douglas Isle Of Man IM1 2BB 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. No customers shall be served or remain in the building outside the following hours; 1100hrs - 0100hrs Monday to Sunday. Reason: In the interests of public amenity and to reflect the application as submitted.
• 3. The approved use may not commence until such times as an internal ventilation system has been installed to deal with the odours generated by the proposed use along with any system to deal with noise emitted from this equipment,

Note: The advice and approval of the Environmental Health Directorate, DEFA may be required prior to the use of the site as hereby approved.

Reason: In the interests of residential amenity and reduction of pollution.

• 4. Upon the completion of 6 months from the date of the decision notice, as it becomes final, the opening hours will change back to the following hours; 1100hrs 2300hrs Monday to Thursday, 1100hrs - 0000hrs Friday and Saturday, 1100hrs - 2000hrs Sunday provided that no further application to amend or remove this condition is submitted. Reason: In the interests of public amenity and to reflect the application as amended.

This permission relates to the following plans and drawings, date stamped received on 6th February 2019:

• o Planning Statement from applicant

• o Location Plan
• o 1806/SK1000 Ground floor plan
• o 1806/SK1001 Basement Plan

Date of Issue: 8th April 2019

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.

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 current Fees Order;
•  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.