DEC Decision Notice

Hummingbird Promotions Ltd Mr M Wise 4th FLoor Hilary House Prospect Hill Douglas Isle Of Man IM1 1EQ

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 Hummingbird Promotions Ltd, Ref 23/00650/C, for the Additional use of the site (Class 1.3 Food and drink) as a pop-up lounge bar for 32 operating days from Fri 4th Aug - Sun 3rd Sept with one week before installation from Fri 28th July to the opening on Fri 4th August and one-week de-rig from Monday 4th Sept to Monday 11th Sept at Old Swimming Pool Marine Parade Peel Isle Of Man IM5 1PB.

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. Any temporary building/s and pre-erected tents hereby approved on this site shall not be in situ before the last week of July and shall be removed from the site by the first week of September. The use hereby approved shall only operate during the month of August in any year for 2023 and 2024. The site shall be restored to its former condition within 5 days of the temporary building/s being removed.

Reason: The application has been approved as an exception to the Development Plan on the basis of need for a period of two years.

• 2. Live/amplified music shall only be played in accordance with the opening times listed below;

Monday 1600hrs to 2200hrs Tuesday 1600hrs to 2200hrs Wednesday 1600hrs to 2200hrs Thursday 1600hrs to 2200hrs Friday 1600hrs to 2200hrs Saturday 1200hrs (noon) to 2200hrs Sunday 1200hrs (noon) to 2200hrs

Reason: In order to maintain the residential amenities of the area and these are the times which have been submitted as part of the application and the application has been judged on these times.

• 3. The application must only be carried out in accordance with the coloured site plan, received and dated 31 May 2023.

Reason: for the avoidance of doubt and due to the application being assessed on this information only.

• 4. No customers shall be served or remain on site outside the following hours;

Monday 1600hrs to 2200hrs Tuesday 1600hrs to 2200hrs Wednesday 1600hrs to 2200hrs Thursday 1600hrs to 2200hrs Friday 1600hrs to 2200hrs Saturday 1200hrs (noon) to 2200hrs Sunday 1200hrs (noon) to 2200hrs

Reason: In order to maintain the residential amenities of the area and these are the times which have been submitted as part of the application and the application has been judged on these times.

This decision relates to drawings and supporting information received on 31 May 2023. This decision has been made for the following reasons(s) The proposal is could be deemed to correspond with the overall principles of Strategic Policy 2, General Policy 2 and Recreational Policy 2 of the Isle of Man Strategic Plan 2016.

Date of Issue: 8th August 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 £335); 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 £125). 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.