Decision Notice

McGarrigle Architects Ltd 19 Mount Havelock Douglas IM1 2QG

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 Isle Of Man Enterprises Plc, Ref 25/90506/B, for the Variation of condition 1 of 23/00774/B to extend the expiry date by two further years at Former Whitestone Garage Douglas Road Ballasalla Isle Of Man IM9 2LB .

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. Application for approval of all of the reserved matters shall be made to the Department before the expiration of 16th July 2027. The development hereby approved shall be begun before the expiration 16th July 2029 or the expiration of two years from the date of approval of the last of the reserved matters, whichever is later.

Reason: to comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019.

• 2. Notwithstanding the submitted illustrative drawings, details of the internal layout, drainage, design, means of access, landscaping and external appearance (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Department before any development is commenced and thereafter the development shall only be carried out in accordance with the details as approved. These details must include but are not limited to:

• a) the provision of access junction arrangements and visibility splays;
• b) parking spaces (car/bike/bicycle/disabled) in accordance with standards and turning areas for vehicles within the site including loading and unloading areas;
• c) swept path analysis;
• d) surface treatment of any parking areas and other parts of the site which will not be covered by buildings;
• e) all external materials to be used in the development;
• f) existing and proposed ground, floor and roof/ridge levels;
• g) details of all boundary treatments;
• h) hard and soft landscaping;

• i) tree survey, planting and tree protection measures;
• j) foul and surface water details including discharge and possible attenuation;
• k) details of pedestrian crossings, pavements, bus stops;
• l) details of any public art;
• m) measures in reducing energy demand,
• n) Full Flood Risk Assessment details.

Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019, and this is an approval in principle and these matters require detailed consideration by the Department in accordance with Development Plan.

1. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the site shall not be used other than for;

Class 1.1 (a) the retail sale of goods other than hot food; and/or (d) for the sale of hot drinks, sandwiches or other cold food for consumption off the premises, and/or (h) for the displaying of goods for sale.

The site shall not be used for no other purpose in Class 1.1 of Article 5 of the Order at any time.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration.

1. No customers shall be served or remain in the building outside of the hours;

• o 0800 to 2100 Monday to Saturday, and o 0900 to 1800 Sunday. Reason: In the interests of neighbouring amenity.

• 5. There shall be no deliveries to the site outside of the following hours:

• o 0800 to 2100 Monday to Saturday, and
• o 0900 to 1800 Sunday Reason: In the interests of neighbouring amenity.

• 6. The retail sales area of the use hereby approved shall be no greater than 460sq m as outlined in orange on Proposed Site Plan drawing number 1845.01.P-02.

Reason: The Department has assessed the impact of the proposal on the basis of this retail sales area and any alternative size would require further consideration

This approval relates to the following all date published online 19 May 2025;

• o drawing number 1845.01.P-01
• o drawing number 1845.01.P-02
• o drawing number 1845.01.P-03
• o Hargest Planning Statement dated March 2021

• o Flood Risk Assessment AX0276 dated Dec 2023

NOTE The land owner/applicant/agent is reminded to speak with Department for Infrastructure regarding the separate Highway Agreements under S4 for adoption and S109(A) for works in the highway, Highways Act 1986.

This decision has been made for the following reasons(s) The application duplicates a recently approved scheme 20/01446/A for a proposed development which was considered to contribute to those policy principles that underpin sustainable development and providing a community gain to Ballasalla in making use of an existing underused building served by existing infrastructure and situated within a growing settlement. There have been no changes to policy or circumstances since the original approval to warrant reaching a different conclusion or outcome to the application and so an extension of time to allow a further 2 years is considered acceptable. Updated condition wording to reflect the timing changes have been included as well as duplicating those previous conditions to ensure alignment with 23/00774/B.

Date of Issue: 16th July 2025

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner 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