DEC Decision Notice

Living Hope Community Church Limited Mr S Nelson Bayview Road Port St Mary IM9 5AQ

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 Living Hope Community Church Limited, Ref 23/01200/B, for the Conversion of building from retail (class 1.1) to a community facility (class 4.3) at Removal House 39 Finch Road Douglas IM1 2PW.

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 approved use is community facilities within Class 4.3 of the Use Class Order 2019 (and any legislation that may precede or replace this order).

Reason: a) to the avoidance of doubt and b) the assessment of the application is for an assembly for religious worship, which has the most impact within the use class so all other uses within the class is also considered acceptable.

• 3. Prior to the occupation or operation of the community facility hereby approved, the off-site highway works on the west side of Finch Road that are also south of St Barnabas Hill, including the drop-off/pick up bay fronting the site, one dropped curb and all other highway works within red line of application, as detailed in the approved plan (drawing no. P-03, which was received on 10th May 2024) must be completed and retained thereafter.

Reason: to safeguard the safety and accessibility for all users of the highway from the reasonable impact of the application.

• 4. Prior to the occupation or operation of the community facility hereby approved, the cycle storage facilities, bin storage area and their accesses shown in the approved plan

(drawing no. P-01 Rev E, which has been received on 10th May) must be completed and retained thereafter.

Reason: to reduce car trip generated, promote sustainable travel method and safeguard traffic efficiency from refuse collection process.

• 5. The materials and finishes used in the renovation must match those specified in the approved plans. Reason: To preserve the character and appearance of the Windsor Road Conservation Area.
• 6. Prior to the removal of the fountain on the east boundary, as shown in drawing no. P-02 Rev D, which was received on 10th May 2024, details of the existing fountain shall be documented submitted to the Department.

Reason: Fountain is a positive feature unique to the existing site and should be retained to maintain the visual appeal of the site and contribute positively to the streetscene and the character of the Conservation Area.

• 7. No development shall take place until full details of hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. The hard landscaping should include details of the surface finishes of the front paving and footpaths as well as any new walls to all boundaries of the site, including details of the repositioned fountain/font. The hard landscaping works, including the repositioned fountain/font shall be completed in full accordance with the approved details prior to the first use of the occupation or operation of the community facility hereby approved. Reason: To safeguard existing positive features of the site.
• 8. Prior to the occupation or operation of the community facility hereby approved, disability access ramps, as shown in drawing no. P-02 Rev D, which was received on 10th May 2024, shall be installed and retained thereafter.

Reason: ensure the building is accessible to all users, promoting inclusivity and compliance with the Equality Act 2017.

This approval relates to the documents, Location Plan, Site Plan, Cycle Shelter Detail and drawing no. 1000P01, 1001P01, 1002P01 which have been received on 1st November 2023; Planning Statement as having been received on 12th March 2024; and Travel Plan Strategy and drawing no. P-01 Rev E, P-02 Rev D, P-03, P-04 which was received on 10th May 2024.

NOTE The proposed signage for the church on the east elevation requires advertisement consent.

This decision has been made for the following reasons(s) The proposal is considered to:

• o renovate an underused building to provide a community facility required by residents.
• o improve the design of the existing building and the streetscene.
• o enhance the appearance of the Conservation Area and preserve its character.
• o although it lacks off-road parking provision, even after relaxed parking standard due to its town centre location, it is still supplemented by sufficient spaces in the Chester Street public car park.
• o have no negative impact on the amenities of the adjacent area.

• Therefore, the application is considered to comply with:
• o Mixed Use Proposal 4 of the Area Plan for the East,
• o Strategic Policy 1(a), 4(a), General Policy 2, Environment Policy 35, 42, 43, Community Policy 2 and Transport Policy 7 of the Strategic Plan
• o Planning Policy Statement 1/01 and is recommended for an approval, subject to the conditions discussed within this section.

Date of Issue: 9th July 2024

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 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.