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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 Forward Marketing Mr Daren Ward 19a Odins Way Ballakillowey Colby IM9 4BQ 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 Mr Raj Chatha, Ref 23/01061/B, for the Additional use of retail unit to include hot food takeaway (Use Classes 1.1 and1.4) and installation of extract flue at Shop 8 Clinches Court Douglas Isle Of Man IM1 4LH . 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. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the unit outlined red on the approved plans shall not be used other than for Use Class 1.1 or Use Class 1.4 or a combination of the two uses only at any time. Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses will require further consideration. 3. Customers shall only be served or remain in the building between 0600 hours - 2100 hours daily. Reason: The application has been assessed on this basis in the interest of neighbouring amenity having customers present only within a specified time and working staff being allowed to be present outside of these hours. This approval relates to the following information: o drawing number FMD-D001 o drawing number FMD-D002-B
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all date received 11/09/2023 This decision has been made for the following reasons(s) Subject to conditions relating to the operating hours and the Use classes being 1.1 and 1.4 only or a combination of the two uses, the proposal is considered to have acceptable visual, amenity and flood risk impact and to comply with General Policy 2, Environment Policies 10, 13 and 35, Transport Policy 7, Business Policy 1 and Community Policies 7, 10 and 11 of the Strategic Plan 2016. Date of Issue: 19th January 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 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 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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