DEC Decision Notice

Castletown Commissioners Civic Centre Farrant's Way Castletown

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 Castletown Commissioners, Ref 24/00412/B, for the Installation of heron sculpture on former swing bridge platform at Platform Adjacent To Thirtle Bridge Castletown 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 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.

This approval relates to the following:

• o Covering letter
• o AXIS Structural Report
• o Photographs

• - all date stamped as received 16/02/2024.

and o Site Plan o Location Plan o Plans, Elevations. Site Plan and Photo Drawing

• - all date received 2/4/2024

This decision has been made for the following reasons(s) Whilst there may be individual and subjective views as to the art work itself, on the basis of the planning assessment in respect of the policy, the proposal is considered to have an acceptable visual impact on the streetscape, on the Conservation Area and on the setting of the Castle in line with S16 and S18 of The Act, Strategic Policy 4, General Policy 2 (b, c, g), Environment Policies 35, 36 and 42 of the Isle of Man Strategic Plan 2016 as well as Landscape Proposals 4, 5 and 6, and paragraph 6.28 of the Area Plan for the South 2013 and in accordance with the principles of those policies within Planning Policy Statement:

1/01. The proposal is not expected to result in any harm to public amenity nor to highway safety nor is it expected to harm the operation of the harbour nor to impact any habitat or special interest of the harbour or watercourse and not to make worse the flood risk already established in this area in line with General Policy 2 (h, i and m) and Environment Policies 4, 7 and 13. The proposal is considered to promote public art and is a sculpture that is reflective of local wildlife found in such waterside environments and is considered to comply with Section 6.7, General Policy 9, and General Policy 3(h) and not to undermine Environment Policy 1 of the Isle of Man Strategic Plan 2016.

Date of Issue: 22nd 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.