DEC Decision Notice

Sarah Corlett Town Planning Consultancy Ltd Ballachrink Croft Ballacorey Road Bride Isle Of Man

Im7 4Awtown 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 Mrs

M Simpson, Ref 23/01211/B, for the Variation of conditions 1 and 4 of PA21/01503/C to allow weddings to be held until the end of 2025 and for areduced time between weddings at Kielthusthag Lodge Smeale Ramsey Isle OfMan IM7 3EB .

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 use hereby permitted shall cease by the 01.04.2025

Reason: the development has been approved on a temporary basis to allow the impact on amenity and success of proposed mitigation measures to be gauged in light of events.

• 2. The measures to prevent on-street parking as set out in the approved details must be implemented in full at any time the wedding reception is in operation. Reason: in the interests of local amenity and highway safety.
• 3. No helicopters, associated with the wedding venue, shall be permitted to land on the site, or elsewhere within the property (land edged in blue on the approved site plan). Reason: in the interests of local amenity and the wellbeing of nearby livestock.
• 4. No more than 8 wedding reception events shall take place in any one calendar year, and no more than 1 event shall take place in any 2 week period. Reason: in the interest of local amenity and wider ecology.
• 5. Marquees and temporary toilets may not be in place more than 3 days prior to and 3 days after an event. Reason: in the interest of local amenity and wider landscape.

• 6. No lighting, associated with the use as wedding venue, shall be installed at the site unless in accordance with details which have first been approved in writing by the Department Reason: in the interest of local amenity, wider landscape and ecology.
• 7. Each wedding event shall cease by midnight and no guests shall be permitted to remain on the property for more than 30 minutes following the event ceasing. Reason: in the interest of local amenity.

This decision relates to the following information: Application Form; covering letter and plans list; Site/Location Plan; Planning Statement; copies of correspondence; and, example booking form - all stamped received 13.10.2023.

This decision has been made for the following reasons(s) The previous analysis in terms of economic benefits and potential impacts as set out in the Case Officer Report and Planning Committee minutes for 21/01503/C is noted. The application proposes the operation of the property as a wedding venue, through to the end of the Calendar year of 2025 (31.12.2025). Although, in reality no events would occur after the end of September, 2025, when the outdoor wedding season draws to a close. It also seeks to shorten the period between events - down from 3 weeks to 2 weeks between events - to allow for a practical workaround of other activities and events on the Island. A one-off minor amendment to condition 4 to allow for weddings to be held 2 rather than 3 weeks apart, is also considered to be acceptable. It is not considered that either of the two elements of this proposal would have an unacceptably adverse impact on residential amenity that would justify refusal.

Date of Issue: 27th November 2023

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner in accordance with the authority delegated to them.

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.