Decision Notice

Mr W D Harley Ancaster Business Centre Callander FK17 8EA

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 Co-op, Ref 25/90307/B, for the Relocation of refrigeration plant from roof deck to new steel mezzanine deck and installation of two vents at Co-op Duke Street Douglas Isle Of Man IM1 2RD.

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 Refrigeration Pack and Gas Cooler hereby approved shall be installed in full accordance with drawing number CR3-CBES-DUKE STREET Rev * and retained as such thereafter.

Reason: The application has been assessed on this basis in terms of visual impact of equipment to be installed on the plant deck and in terms of noise impact on private and public amenity.

• 3. The existing plant unit shown on drawing number CFO-117-PL-200 shall be removed from the site within 3 months of the new equipment first coming into use.

Reason: to avoid the accumulation of equipment in the interest of visual and noise amenity impacts.

This approval relates to the following:

CFO-122-001 CFO-122-003 CR3-CBES-DUKE STREET rev *

• all date published online 21st Mar 2025

• CFO-117-PL-200
• CFO-117-PL-201

• - both date published online 25th Mar 2025 Noise Assessment
• - date published online 09 Jun 2025

This decision has been made for the following reasons(s) Having regard to the planning policy context it is concluded that the proposal is acceptable. The city centre location and established background noise levels are two favours weighing in favour of the current application. The proposed noise levels from the equipment is not expected to result in any new or adverse impacts beyond the existing equipment at the site as to result in any harm to private or public amenity, as the visual impact of the proposal is also considered to be acceptable. Suitably worded conditions have been be added to ensure the equipment installed is that as outlined in the submission, and that the existing equipment marked for removal is removed.

Date of Issue: 26th June 2025

J CHANCE 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.

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