DEC Decision Notice

Denning Millar Projects Ltd Ballacrebbin Farmhouse Bernahara Road Andreas Isle Of Man IM7 3HJ

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 Dept Of Enterprise, Ref 20/00255/B, for the Creation of temporary tourist accommodation units and associated facilities for the 2020 festival of motorcycling (21.08.20 06.09.20 inclusive) at Former Prison Site Victoria Road Douglas Isle Of Man .

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 temporary building/s hereby approved on this site shall not be in situ before the 13th August 2020 and shall be removed from the site by the 10th September 2020. The use hereby approved shall not be in operation before the 21st August 2020 or after the 6th September 2020. The site shall be restored to its former condition within 4 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 the Festival of Motorcycling 2020 event only and for a period of one year as proposed by the application.

• 2. Prior to the commencement of the development, a plan must be submitted to and approved in writing by the Department to show highway visibility splays of 2.4m x 43m in both directions to the nearside kerb line from the site access to be used as the exit. The visibility splays as approved must be provided prior to first use of the development, and maintained as such unobstructed whilst the site is in use, with nothing above 1m in height within the visibility splay areas. Reason: In the interests of highway safety.
• 3. Prior to the commencement of the development, a plan must be submitted to and approved in writing by the Department to show the car park laid out with spaces of at least 2.5m x 5m in size with a minimum car park aisle width of 6m. The car park must be marked out in accordance with the approved plan prior to first use of the development.

Reason: to maximise the number of parking spaces that could be accommodated on the site to limit any overspill parking onto the public highway, and to ensure adequate manoeuvring space is available for vehicles and servicing.

This approval relates to the submitted documents and drawings reference numbers P01, P02, P03 and P04 received on 2nd March 2020, 4th March 2020 and 17th march 2020.

This decision has been made for the following reasons(s) It is concluded the proposal would be acceptable for a temporary period only and would not significant affect public or private amenities and therefore the application is recommend for an approval.

Date of Issue: 7th May 2020

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 £276); 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 £100). 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.