DEC Decision Notice

Horncastle Thomas 20 Athol Street Douglas Isle Of Man IM1 1JA

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 Tevir Developments Ltd, Ref 20/00586/GB, for the Alterations and demolition of single storey extension, and installation of temporary protective cladding and decking (in association with PA 20/00587/CON) at Castle Mona Hotel Castle Drive Douglas Isle Of Man IM2 4LY .

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 Temporary Timber cladding and fibre glass roof, colour to be agreed in writing with the Department, as shown and described on drawings dated stamped received 05 June 2020 & 25 August 2020 shall be commenced within 7 days of demolition and completed within 6 weeks of completion of the demolition and retained until no longer required. Reason: to ensure the satisfactory preservation of this registered building

This decision relates to the following: Drawings and supporting information all received on 5th June 2020 with the exception of drawings no 200RB, 231, 232, 233, 234,248,249 that have been superseded and ammended and additional drawings date stamped 25th th August 2020.

NOTE All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to:

• o Intentionally or recklessly kill, injure or take any wild bird
• o intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in use or being built

• o intentionally or recklessly take or destroy the egg of any wild bird
• o intentionally or recklessly disturb any wild bird listed on Schedule 1 whi!e it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird. The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine up to £10,000 pounds.

The bird nesting season is usually between late February and late August or late September in the case of swifts, swallows or house martins, and for pigeons, nesting can take place year round. Thorough checks for birds, their active nests and eggs should be undertaken prior any activities which may block access in and out of the building and prior to any demolition. Once it has been established that no birds, their active nests or chicks are within the building, then any suitable access points to the building should be blocked off prior to demolition,

This decision has been made for the following reasons(s) The proposals are considered to be in accordance with the Strategic Plan policies, Policies RB/3 RB/5, CA/2 and CA/4 of Planning Policy Statement 1/01

Date of Issue: 12th October 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.