DEC Decision Notice

Jones MMA And Fitness 2 Peveril Terrace Peel IM5 1PH

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 Jones MMA And Fitness, Ref 22/01567/C, for the Change of use of car sales garage to a martial arts and fitness studio (class 1.1) at Car Showroom 12 Elm Drive Elm Tree Road Onchan Isle Of Man IM3 4EF.

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. No group classes shall be carried out in the building outside the following hours:

Weekdays (Monday to Friday): 5.30pm to 8.15pm, Weekends (Saturday): 10am to 3pm

Reason: The application has been assessed on this basis as requested in the application form and in the interest of amenity.

• 3. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019, the use hereby approved shall be limited to the proposed leisure and recreational use as martial arts and fitness studio (class 1.1). Reason: In the interest to protect the character and uses of the neighbouring properties.
• 4. The proposed martial arts and fitness studio (class 1.1) hereby approved shall only support a maximum of 18 for any given session.

Reason: For the avoidance of doubt and to ensure the development takes place in accordance with the approved details.

This decision relates to the documents and plans date stamped and received 22 December 2022, and email received 20 March 2023.

This decision has been made for the following reasons(s) The application complies with General Policy 2, Business policy 1, Spatial Policy 2, Transport Policy 1 and Paragraphs 10.2.1 and 10.5.3 of the Strategic Plan, and would not result in significant adverse impacts on private or public amenity, or highway safety.

Date of Issue: 29th 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 (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.