DEC Decision Notice

Ms R O'Connor 14 Raad Rogan Glenfaba Rise Peel IM5 1DY

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 VOSH, Ref 24/00210/C, for the Change of use from a dance studio to a doggy day care at Tregellis House Westmoreland Road Douglas Isle Of Man IM1 4AD .

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 of the building for canine day care hereby approved shall accommodate no more than 45 dogs at any one time.

Reason: In the interest of protecting the amenity of the neighbouring properties in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.

• 3. The use of the building for canine day care hereby approved shall;

• - Operate between the hours of 08:00 and 18:00 Monday to Friday.
• - No customers or canines shall be allowed in the building outside of these hours.
• - No dogs shall be kept onsite overnight.

Reason: In the interests of the amenity of neighbouring residents in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016.

This decision relates to the following plans and drawings received on the dates specified;

• - Location Plan received on the 7th of March 2024
• - Site Plan received on the 7th of March 2024

• - Proposed floor and section plan drawing no.20160-PL02 Rev 1 received on the 12th of April 2024

This decision has been made for the following reasons(s) Notwithstanding that the building is presently not in use, it's recent use is relevant, the proposed use, doggy day care, represents a reduction in operational hours and days of activity to the previous use and although in a predominantly residential area the building has been in commercial use for many years and is within a group of commercial business units. The proposal adequately meets the relevant criterion of General Policy 2 of the Isle of Man Strategic Plan 2016. Overall as a result of the reduced hours of operation, the proposal is likely to be less disruptive to residential amenity and have a neutral impact on associated businesses and unlikely to result in an adverse impact.

Date of Issue: 9th May 2024

J CHANCE 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 £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.