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 Amore Du Plessis, Ref 20/00292/C, for the Additional use of residence as a photography studio at 13 Ballaughton Park Douglas Isle Of Man IM2 1LA.

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 use hereby approved shall only be undertaken between 9:00 to 18:00.

The use shall not be undertaken at any time on Public Holidays.

Reason: To ensure that the development is undertaken in accordance with the application details and in the interest of protecting neighbouring living conditions.

3. The area of the building to be used for photography studio shall be limited to that shown on the floor plans forming part of the application and the use hereby permitted shall not extend into any other part of the premises.

Reason: To minimise the disturbance to adjacent residential occupiers and to protect the residential character of the locality.

4. The use hereby approved shall only be for the benefit of the applicant while they are resident at 13 Ballaughton Park, Douglas and no staff may be employed and/or work at the premises.

Reason: Although the specific details of this application have been found acceptable, any change to its operation will require fresh assessment.

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

5. The driveway and access shall be kept available and unobstructed for parking at all times.

Reason: To ensure construction of a satisfactory access and in the interests of highway safety.

This approval relates to the submitted documents, statement, location plan and internal plan date-stamped as having been received on 10th March 2020.

This decision has been made for the following reasons(s). This application is considered to comply with General Policy 2, Business Policy 10 and Transport Policy 7 of the Strategic Plan.

Date of Issue: 14th July 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 £285); 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.

Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, DM1 2SF. Email [email protected]. Tel 01624 685950