Decision Notice

Mr Malcolm Simcock 16 South Barrule Avenue Ballakilley Port Erin IM96DT

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 Miss Becki Gelling, Ref 24/91295/B, for the Erection of two-storey extension to create two-bed first floor holiday accommodation; side extension to create internal staircase, change of use to provide commercial kitchen and change of use to provide front office or retail space. at Beach House Bay View Road Port St Mary Isle Of Man IM9 5AE .

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 holiday/tourist accommodation hereby approved shall be used solely as temporary holiday letting accommodation and for no other purposes whatsoever including use as permanent residential units without the prior express grant of planning permission by the Department.

The unit shall not be occupied as a person's sole or main residence and the owner of the holiday/tourist accommodation shall maintain an up-to-date register of the name of each occupier of the holiday/tourist accommodation on the site, their length of stay and their main home address and shall make this information available at all reasonable times to the Department.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.

• 3. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 or any

order amending, revoking or re-enacting these Orders, the buildings hereby approved shall be used only for the purpose hereby approved as shown on drawing Nr 04 REV P3, as tourist accommodation units (class 3.6), Office (Class 2.1), and Retail (class 1.1), and shall not be used for any other purpose without the express grant of planning approval from the Department.

Reason: To enable the Department to consider the implications of any subsequent change of use on the amenities of the area.

• 4. The holiday accommodation, commercial kitchen and front office/retail space hereby approved shall not be brought into use until details of refuse storage have been submitted to and approved in writing by the Department. The bin storage provision shall thereafter be retained solely for this purpose.

Reason: In the interests of the appearance of the development and of the amenities of the area.

• 5. Prior to the occupation or use of the development hereby approved, details of secure cycle storage shall be submitted to and approved in writing by the Department. The secure cycle storage shall be provided strictly in accordance with the details and thereafter retained as such.

Reason: to ensure this development complies with the energy efficiency requirements of the Strategic Plan and to future proof the development.

• 6. Prior to the occupation of the tourist unit approved as part of this application, the obscure glazed privacy screen shown on drawing No. 04 Rev P3, with a minimum height of 1.8m, shall be installed on the southeastern elevation of the balcony. The screen shall be permanently retained thereafter. Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy. This decision relates to the following documents and plans:

• o DWG 01 REV P2 Location Plan
• o DWG 02 REV P2 Site Plan
• o DWG 03 REV P2 Existing Plans and Elevations
• o DWG 04 REV P3 Proposed Plans and Elevations Received 24 February 2025;
• o DRG 05 - Section Received 21 November 2024 and
• o Materials Guide-Brochure
• o Planning Statement Received 14 November 2024

This decision has been made for the following reasons(s) Overall, the proposal is considered to comply with General Policy 2, Strategic Policy 8, and Business Policy 1 of the Isle of Man Strategic Plan 2016, as well as the Area Plan for the South, as the proposal would not harm the use and enjoyment of the existing neighbouring properties

• or result in adverse visual impacts on the character of the site and surrounding street scene where it is situated. The parking and highway safety impacts are also considered to be acceptable and complaint with Transport Policy 7 of the Strategic Plan.

Date of Issue: 10th March 2025

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the 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 informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/onlineapplications/)

Implementation A determination to grant planning approval does not have effect —

if an appeal is submitted until the appeal is determined or withdrawn; or

if no appeal is submitted, but there are potential appellants in addition to the applicant, until the time within which an appeal may be submitted has expired (21 days from the date of this notice).

Development must be carried out in accordance with the approved plans and any attached conditions (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 can only be made by a person who has been accorded rights to do so, must be in writing, include the appropriate fee and be submitted to the Department within 21 days of the date of this Notice.

Guidance on how to appeal is available at gov.im/howtoappeal