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 The International Centre For Technology Ltd, Ref 21/00249/B, for the Variation of condition 1 to PA 18/01142/B for an extension of time for a further 3 years at Former Swimming Pool Site The Nunnery Old Castletown Road Douglas Isle Of Man IM2 1QB.

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 use hereby approved shall be for a limited period of 3 years from the date of this approval and on (or before) the expiry of this approval the use shall be discontinued and the temporary building removed from the site.

Reason: The development has only been found to be acceptable on a short term basis because it meets a specific need.

• 2. The accommodation hereby approved may not be operational until such times as there are in place 95 additional parking spaces within the site, either in accordance with the scheme proposed under PA 16/00678/B or an alternative scheme.

Reason: To ensure that there are available to users of the site adequate car parking facilities in a convenient location.

This approval relates to the submitted documents and drawings all received on: 19.05.2021

• P-01
• P-02
• P-03

This decision has been made for the following reasons(s) Since the initial approval there have been no material planning changes which have arisen which would result in the Department from considering the application in a different light.

While the Area Plan for the East has been adopted which has an affected of supported development on the site and the Isle of Man Strategic Plan 2016 has not been superseded and therefore continue to comprise the Development Plan. The policies contained therein have not been the subject of appeal decisions or decisions related to planning applications that indicate a different approach to those policies should be taken.

Date of Issue: 2nd July 2021

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 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 £295); 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 £110). 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 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.