DEC Decision Notice

Haven Homtes Limited Mr Euan Craine The Old Chapel 32-34 Malew Street Castletown IM9 1AF

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 Rockfell Limited, Ref 22/00757/B, for the Variation of Condition 2 to PA 21/01316/B to retain spectator facilities in situ for the interim period between the Isle of Man TT races and the Isle of Man Festival of Motorcycling and to extend, from one week to two weeks respectively, the periods in which the facilities are erected and dismantled at Land Adjacent To Glen Moar Mill And Field 315139 Glen Helen Road Laurel Bank St Johns Isle Of Man IM4 3NN .

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 four containers, associated supports, platforms, scaffolding and spectator seating may be erected no sooner than two weeks before the first practice of TT and may remain until two weeks after the last race of the Festival of Motorcycling in the same calendar year. The land shall be cleared of all paraphernalia outside of race periods and in a condition suitable for agriculture. Reason: To protect the appearance of the countryside.
• 3. The use for food and drink purposes shall be restricted to two containers only and may only be available for use no sooner than one day before the first practice associated with the TT races and up to one day after the last race in that event, and no sooner than one day before the first practice of the Festival of Motorcycling and up to one day after the last race in that event. No approval is granted for any food and drink purposes for the period in between the two events.

• Reason: To clarify the extent of the planning approval and in the interest of the protection of the countryside.
• 4. For the avoidance of doubt, the four containers, associated supports, platforms, scaffolding and spectator seating shall not be stored anywhere outside on the site when not in use, unless otherwise agreed in writing by the Department.

Reason: in the interest of visual amenity, and such storage would need to form part of a separate planning application.

• 5. The site highway layout, access and egress shall be carried out in full accordance with drawing number 100.02 Rev B and retained as such thereafter and visibility splays kept permanently clear of obstruction above 1.05m. Reason: In the interest of highway safety.
• 6. Prior to the first coming into use the permanent and accessible car parking spaces shall be marked out on site and retained thereafter. Reason: in the interest of highway safety and parking provision.
• 7. The access lane (between the hardstanding and field) shall be surface finished in a bound material for the first 6m from the edge of the highway and retained as such thereafter.

Reason: In the interest of highway safety and to avoid loose material from entering the road.

This approval relates to the following drawings and information:

• - drawing 100.00 Rev A
• - drawing 100.01 Rev A
• - drawing 100.03 Rev A
• - drawing 100.04 Rev A
• - drawing 100.05 Rev A
• - drawing 100.06 Rev A
• - drawing 100.02 Rev B
• - drawing 100.10 Rev B
• - Planning Statement 1612-4.2.3 V1.0 All date received 21 June 2022

This decision has been made for the following reasons(s) The proposal is considered acceptable on a temporary basis through the summer during the Isle of Man motorcycle racing periods and suitably worded conditions will ensure no permanent or long term retention of any structures so as to protect the character and quality of the countryside and area of high landscape value in accordance with Environment Policies 1 and 2.

Date of Issue: 18th January 2023

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 £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.