Decision Notice

Progeny Ltd 51A Victoria Street Douglas Isle Of Man IM1 2LD

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE an application by Ashford Ltd, Ref 15/00011/B, for the Conversion of retail unit into a restaurant at Former Topshop Building Corner Of Duke & Lord Street Douglas Isle Of Man subject to compliance with the following condition(s):

• 1. Prior to the operation of the restaurant, full details of the ventilation and odour control system to include full elevational drawings shall be submitted to and approved in writing by the Department (Planning and Building Control Division) and thereafter the approved system shall be installed and retained as such and operated in accordance with the manufacturer's specification. Reason: in the interest of protecting local residential amenity.
• 2. No customers shall be served outside of the following hours: 11:00am to 9:45pm on Mondays to Sundays inclusive. Reason: In the interests of protecting public amenity.
• 3. 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

This approval relates to the following plans, date-stamped as having been received 8th January 2015: 14-J051-BW 01, 14-J051-BW 02, 14-J051-BW 03, and A, and the technical information relating to the flue and extractor fan.

Date of Issue: 24th March 2015

Director of Planning and

Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it in the name of the Minister and/or in the name and on behalf of the Department.

This permission refers only to that required under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

•  Payment of a planning appeal fee as prescribed in an order made by the Department under Section 1(1) of the Fees and Duties Act 1989 (currently £150);
•  The reasons for making the appeal; and
•  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website http://www.gov.im/categories/planning-and-building-control/planning-developmentcontrol/planning-appeals/how-to-appeal/

The proposed development must not be commenced until either;

•  The time for requesting an appeal has expired; or
•  Any appeal has been determined;

Whichever is the later.

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Whilst a copy of the Officer’s report which led to the decision is now available to view via the Departments website, link below, all other correspondence relative to the application is available for inspection at the Department.

https://www.gov.im/planningapplication/services/planning/search.iom

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.