DEC Decision Notice

Cornerstone Architects Mr David Lee 79 Parliament Street Ramsey IM8 1AQ

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 BBG Limited, Ref 22/00580/B, for the Alterations and erection of a two storey extension to existing public house to provide restaurant, hotel accommodation and staff manager accommodation with associated alterations to existing car park comprising amendments to PA 21/00336/B at Shore Hotel Old Laxey Hill Laxey Isle Of Man IM4 7DA.

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. Prior to the first coming into use or occupation of the extension hereby approved the parking and turning areas shall be provided in full accordance with the approved drawings and retained as such thereafter. Reason: in the interest of highway safety in providing off road parking for the site.
• 3. There shall be no external lighting installed at the site.

Reason: for the avoidance of doubt and because the application as submitted does not include any lighting and therefore this has not been considered but also in the interest of protecting the adjacent watercourse and to avoid disturbance or injury to spawning fish, or to the spawn and fry of fish.

This approval relates to the following information:

• o P-113 Rev A Proposed second floor plan
• o P-114 Rev A Proposed roof plan

• o P-304 Rev B Proposed elevations
• o Covering Letter All date received 07/10/2022
• o A letter from the agent dated 19/07/2022
• o P-001 Site and location plan
• o P-002 Parking proximity plan
• o P-003 Visibility splays
• o P-004 Existing Site Plan
• o P-005 Proposed Site Plan
• o P-111 Proposed Ground Floor Plan
• o P-303 Existing elevations
• o P-102 Proposed First Floor Plan
• o P-103 Existing Second floor plan
• o P-101 Existing Ground Floor plan
• o P-102 Existing First Floor plan
• o P-104 Existing Roof plan
• o BS 5837:2012 - Arboricultural Impact Assessment
• o BS 5837:2012 Tree Survey and Report
• o Drawing numbers TS-150321 and TR-150321
• o Flood Risk Assessment dated March 2021 All date received 10/05/2022 NOTE The applicant/land owner is reminded of their separate obligations in the protection
• of protected species such as fish, bats and birds under the Wildlife Act 1990 and Fisheries Act 2012. The applicant is also reminded that any signage on the barriers must form part of a separate advertisement application.

This decision has been made for the following reasons(s) The proposed changes beyond the original approval are considered acceptable, having an acceptable visual, neighbouring, environmental and highway safety impact and having an acceptable impact on the Conservation Area and contributing to the overall vitality and viability of Laxey and its local economy. Conditions relating to parking layout and lighting are to be added and the overall application is considered to comply with Strategic Policies 1, 2, 4 and 6, General Policy 2, Environment Policies 10, 13, 35 and 39 and the principles of Community Policy 4 and paragraph 9.11 from the Area Plan for the East 2020.

Date of Issue: 20th October 2022

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 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 £305); 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 £115). 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.