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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 Pets At Home Limited C/o Savills (UK) Limited Miss K Parfett Belvedere, 12 Booth Street Manchester M2 4AW 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 Pets At Home Limited C/o Savills (UK) Limited, Ref 24/00615/B, for the Application for the removal of condition 4 of planning permission 23/01021/B at Unit 2 Spring Valley Industrial Estate Douglas Isle Of Man IM2 2QR . 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 pet care / veterinary surgery / treatment and grooming facilities hereby approved shall only be used and operated in connection with the main retail use of the unit and shall not at any time be operated as an independent business. Reason: The uses hereby approved relate to the main and existing use, and have been found acceptable because they are ancillary to that use. Any sub-division of the unit would be contrary to adopted planning policies and also to previously determined planning applications of this site, and any changes to this would need to be assessed through the submission of a fresh planning application. 3. Any retailing undertaken from the mezzanine floor space hereby approved shall be ancillary to that of the main unit. Reason: The uses hereby approved relate to the main and existing use, and have been found acceptable because they are ancillary to that use. Any sub-division of the unit would be contrary to adopted planning policies and also to previously determined planning applications of this site, and any changes to this would need to be assessed through the submission of a fresh planning application.
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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 4. The mezzanine floor hereby approved shall be laid out in full accordance with the drawing no. 6834/14, date-stamped as having been received 6th September 2023, as part of the previously approved PA23/01021/B planning permission. Reason: In the interest of placing appropriate controls with respect to the use of the site. The development hereby approved relates to the following plan, date-stamped as having been received 23rd May, 2024: Drawing No. 6834/16 Rev. A - Site Location Plan. This decision has been made for the following reasons(s) The PA23/01021/B application has been previously considered to be acceptable and was approved on appeal. From the evidence provided by the applicant, it is clear that condition 4 of the appeal approval as recommended by the Planning Inspector was erroneously attached to the Decision Notice. Its wording clearly countermands the wording of condition 9 of the original ref: 08/02135/A permission affecting the site, and as that has not been previously challenged; and, the site has previously operated lawfully with that condition in place, it is clear that condition 4 serves no purpose and should be removed. There are no other material considerations to take into account in considering this proposal to remove the condition. All other matters were previously considered by the Planning Committee in its decision to refuse the application. Subsequently, the Planning Inspector recommended that the appeal against refusal should be overturned; and, The Minister did so in granting planning permission in her letter dated on 13th May, 2024. Date of Issue: 27th June 2024 J CHANCE Director of Planning and Building Control
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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 Guidance Note This decision was made by a Principal Planner 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.
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