DEC Decision Notice

McGarrigle Architects Ltd 19 Mount Havelock Douglas Isle Of Man 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 23/00774/B, for the Variation to condition 1 of Planning Application Ref 20/01446/A to extend the expiry date by two further years from the date of the Approval Notice. The Application refers to an Approval in Principle for the siting of a neighbourhood food shop by refurbishment and alterations through part-demolition and part-extension of the existing Whitestone car showroom and vehicle garage, Douglas Road, Ballasalla. at Former Whitestone Car Showroom And 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 2025. The development hereby approved shall be begun before the expiration 16th July 2027 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 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;

• o drawing number 1845.01.P-01
• o drawing number 1845.01.P-02

• o drawing number 1845.01.P-03
• o Agent Planning Statement 1845.01
• o Retail Planning Statement dated March 2021 all date received 06/07/2023.

Flood Risk Assessment AX0276 dated Dec 2023 date received 17/01/2024.

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 were with no new flood risk concerns and conditions sought to best safeguard the amenity of the area and surrounding neighbours. 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 and need for detailed flood risk assessment have been included as well as duplicating those previous conditions to ensure alignment with 20/01446/A.

Date of Issue: 2nd May 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Acting 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 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 £335); 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 £125). 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 (should one have been received) 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.