Decision Notice

Sarah Corlett Town Planning Consultancy Ltd Ballachrink Croft Ballacorey Road Bride Isle Of Man IM7 4AW

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 Forestry, Amenity And Lands Directorate, DEFA, Ref 24/90910/B, for the Variation of condition 3 of 23/01168/C to allow the operation of the catering vehicle from sunrise to sunset at South End Of Archallagan Plantation Archallagan Road Eairy Isle Of Man .

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. At the expiration of a period of 5 years from the date of implementation, or when the food unit ceases to be operational, whichever shall occur first, the use and siting of a mobile food and catering unit shall cease and be removed.

Reason: To clarify the terms of the approval to meet a specific identified need and to enable the impact of the temporary development on the amenity of the surrounding area to be reviewed and to ensure that if the use/unit is no longer in use it is removed from the site, in the interests of the visual amenity of the immediate and surrounding area.

• 3. The operation of the mobile catering unit hereby permitted shall be closed and the use cease between dusk and dawn. For the avoidance of doubt dusk shall be defined as 30 minutes before sunset and dawn 30 minutes before sunrise.

Reason: To enable the Department to regulate and monitor the proposal and to prevent antisocial behaviour.

• 4. This approval is limited to the siting and operation of a single mobile food and catering unit. The siting of the unit shall be in accordance with the un-numbered site plan at a scale of 1:250 drawn by JG.

Reason: To clarify the terms of the approval and in the interests of the character and appearance of the countryside.

• 5. No external lighting, whether temporary or not, shall be installed either affixed to the mobile food and catering unit or to any other exterior support.

Reason: In the interests of maintaining the intrinsic value of the character and appearance of the wider countryside and fauna of the Plantation.

This approval relates to the; Location Plan Site Plan Planning Statement received 5 August 2024

This decision has been made for the following reasons(s) The siting of a single mobile food and catering unit is considered to be acceptable as socially and physically beneficial in relation to wider recreational activity and would not adversely affect the overall character and appearance of the area, achieving compliance with IMSP Policy GP3. The proposed temporary five-year permission is appropriate as a trial run in order to assess the wider effects of the change of use. Therefore, the proposal would be in accordance with the Strategic Plan, DEFA's long term strategy to maximise recreational potential for the Forest Estate, the Sport and Recreation Strategy and Government Economic Strategy 2022 - 2032.

Date of Issue: 15th January 2025

J CHANCE 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 informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/onlineapplications/)

Implementation A determination to grant planning approval does not have effect —

if an appeal is submitted until the appeal is determined or withdrawn; or

if no appeal is submitted, but there are potential appellants in addition to the applicant, until the time within which an appeal may be submitted has expired (21 days from the date of this notice).

Development must be carried out in accordance with the approved plans and any attached conditions (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 can only be made by a person who has been accorded rights to do so, must be in writing, include the appropriate fee and be submitted to the Department within 21 days of the date of this Notice.

Guidance on how to appeal is available at gov.im/howtoappeal