DEC Decision Notice

Samson Designs Mr S T Samson The Workshop Park Road Port St Mary

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 Mrs Kate Maddrell, Ref 20/01497/B, for the Erection of craft workshop pods, shed and additional use of site for sale of art at Grenaby Art Studios Ballamaddrell Grenaby Road Ballabeg Castletown Isle Of Man IM9 4HD .

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. This approval relates to the retail only of items manufactured or designed on the site defined in the plans received on 4th December, 2020.

Reason: the site is not designated for retail use nor in a town or village centre and uncontrolled retail here would be contrary to Business Policies 8 and 9 and Strategic Policy 9 of the Strategic Plan.

• 3. No members of the public shall remain on the site outwith the periods 0900-1700hrs Monday to Saturday inclusive.

Reason: to control the impact of the proposed use on highway safety and the amenities of the surrounding area.

• 4. Upon commencement of the retail use hereby permitted, the site may not be used for the purposes of Class B under the Town and Country Planning (Permitted Development) (Temporary Use or Development) Order 2015.

Reason: to control the impact of the proposed use on the surrounding highway network and the amenities of the surrounding area.

This decision relates to plans reference 1817A:01 and 1817A/02 received on 4th December, 2020 and 1817A/02A received on 22.02.21.

This decision has been made for the following reasons(s) The development represents a unique form of promoting locally produced items and the benefits to the local economy together with the reuse of existing buildings of architectural and historical interest (the older buildings in the existing group) without any adverse environmental impact and these benefits are considered to outweigh the policy presumption against retail use in such areas. Given the nature of the proposed retail it is not considered that the same form of the sale of these goods could be as successfully achieved if offered individually from a town or village centre.

Date of Issue: 27th April 2021

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 £295); 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 £110). 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 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.