DEC Decision Notice

AH Grace Ltd Mr A Henderson 32 Cronk Avenue Onchan IM3 3DF

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 Public Estates And Housing Division Department Of Infrast..., Ref 22/01559/B, for the Erection of tent access lanes on circus beach to facilitate a purpose built customs area with search bays at Sea Terminal Douglas Isle Of Man IM1 2BX .

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 customs and search bay structure hereby approved shall be maintained to a high standard of visual appearance, including remaining weathertight and watertight at all times. If at any point the structure becomes damaged, ripped or torn, works must be undertaken to repair the structure within 1 week of such damage having occurred. Should the structure become damaged or structurally unsound beyond reasonable repair, it must be replaced with an identical structure within 4 weeks of such damage/structural deficiency having occurred. Should the need for the structure no longer remain in accordance with its approved purpose, it shall be dismantled and removed from the site immediately.

Reason: In the interests of visual amenity and to safeguard the character and appearance of the wider locality.

This approval relates to drawings referenced; 100, 101A, 102, 103 and 104, all received on 09.01.23.

This decision has been made for the following reasons(s) The proposed development is acceptable in principle by way of providing necessary associated infrastructure in connection with the Port's operations, without detriment to the

Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950

visual amenities of the site immediate setting or the adjacent Conservation Area. The development is therefore in compliance with Spatial Policies 1 and 6, General Policy 2, Environment Policies 36 and 42 and Transport Policy 13 of the Strategic Plan (2016), together with aligning with the key objectives of the Area Plan for the East (2020).

Date of Issue: 14th March 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.