DEC Decision Notice

MS Design Ltd MS Design Ltd 2 Cronk Rhenny Villa Quines Hill Port Soderick Braddan IM4 1AU

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 OFD Construction Limited, Ref 24/00010/B, for the Proposed extension to Existing Dance School (amendment to PA 20/01251/B) at Unity Dance Studio Former Christian Bretheren Church Switzerland Road Douglas Isle Of Man IM2 4NG .

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. Prior to the construction of the extension, a scheme for the introduction of sound insulation of the new accommodation hereby approved must be approved in writing by the Department and the development undertaken in accordance with the approved details. The scheme must address the potential for noise nuisance in Highgrove Mansions and include means of reducing this potential issue.

Reason: to ensure that the development accords with Environment Policy 22 and General Policy 2 of the Strategic Plan.

• 3. No customer shall remain in the building outside of the hours of 08:30 hrs to 21:00 hrs on any day.

Reason: In order to protect local residents' amenities in terms of noise or any other disturbance that may arise from additional classes. This condition does not restrict the building being accessed by staff and is not intended to restrict the carrying out of related activities (such as cleaning) at other times

This decision relates to the following plans and drawings, date stamped received on 19th January 2024;

• o Drawing No. EX 01
• o Drawing No. 23-117-PL-01 Rev A
• o Drawing No. 23-117-PL-02 Rev A
• o Drawing No. 23-117-PL-03 Rev A
• o Drawing No. 23-117-PL-04 Rev A
• o Drawing No. 23-117-PL-05 Rev A

This decision has been made for the following reasons(s) Overall, there are no material changes to policy since the previously approved application, with the alterations proposed being deemed to comply with General Policy 2 and there being no additional impacts to neighbouring amenity nor parking standards from the proposal, as such the proposal also complies with Environment Policy 22 and Transport Policy 4.

Date of Issue: 13th May 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Acting Head of Development Management 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.