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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 Construction Design Ltd Mr Barry Murphy 2nd Floor, 17 Peel Road, Douglas, Isle of Man IM1 4LP 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 Motaworld Ltd, Ref 23/00868/B, for the Use of part of Unit 48a as sales/retail; use of part of Unit 48e as staff facilities; new first floor offices with Unit 48e. Installation of 12 new windows on north east elevation; installation of rain screen canopy over main customer entrance in Unit 48b; changing of colour of existing windows and pedestrian doors at Unit 48A,48B,48C,48D & 48E Spring Valley Industrial Estate Cooil Road Braddan IM2 2QS . 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 only sales that may take place from the premises shall be within the areas annotated as 'Sales Area' or 'Retail Area' on Drawing 1078/05 and those sales shall be restricted to the sale of motor parts, motor accessories, motor maintenance equipment, motor health and safety equipment and motor diagnostic equipment. Reason: In the interest of controlling the use of the building given its position on an industrial estate. 3. The office and staff facilities hereby approved shall be for the sole use of the primary occupier of the building and shall not be sub-let to any separate business operation. Reason: The application has been assessed on this basis only and to avoid any subdivision of the units to any other user.
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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 4. The use of all the units within the building (Units 48a, 48b, 48c, 48d and 48e) shall not be used other than for Use Class 2.4 Storage or distribution and for no other purpose or use listed in Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification) at any time. Reason: The application has been assessed on this specific primary use only and the retail element being ancillary to that primary use and any alternative uses will require further consideration. 5. The use of the units within the building (Units 48a, 48b, 48c, 48d and 48e) shall be used in accordance with the annotation and details shown on Drawings 1078/04 and 1078/05 (both date received 31/07/2023) only. Reason: The retail space, staff office and staff facilities have been considered on an ancillary basis and that all the units in the building are occupied by the same user in accordance with the plans submitted, and any sub-division altering this basis and requiring a separate planning application. 6. For the avoidance of doubt there shall be no mezzanine floors installed within any of the units unless in accordance with the plans hereby approved or which have been expressly approved in a subsequent planning application. Reason: Condition 7 of the original approval of the 5 units 05/00642/B specifically revoked any mezzanine floors, and the current application has been assessed on the submitted floor plans only. This approval relates to drawing numbers 1078-01, 1078-02, 1078-03, 1078-04, 1078-05, 1078-06 and supporting statement all date received 31/07/2023, and Retail Impact Assessment received 13/11/2023. This decision has been made for the following reasons(s) The application is considered acceptable and not at odds with Business Policies 1, 5, 9 and 10 of the Isle of Man Strategic Plan 2016. Date of Issue: 29th November 2023 J CHANCE Director of Planning and Building Control
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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 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.
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