DEC Decision Notice

Excel Group Ltd Suite 3 Peterson House Middle Rive Douglas IM2 1AL

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 & Mrs Mary Beth Coll, Ref 21/00352/B, for the Erection of marquee, decking and steps for a temporary period and use of part of beach for Class 1.3 - Selling and consumption of food or drink - All between 15th May and 15th October in any year and until and including 15th October 2023. at The Cosy Nook Cafe And Part Of Beach Shore Road Port Erin IM9 6HH.

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. This approval relates to the erection and retention of the structures shown in the approved plans and the use of the beach area for the consumption and sale of food and drink (Class 1.3) all between 15th May and 15th October in any year and until and including 15th October, 2023 after which the beach area must return to be publicly accessible and all temporary structures removed from the site.

Reason: to clarify the temporary nature of the approval. This decision relates to drawing 2015-PL-001A, 2015-PL-002A, 2015-PL-003A, 2015-PL-004 all received on 30th March, 2021 This decision has been made for the following reasons(s) The proposal is considered to comply with General Policy 2, Environment Policies 1, 10, 11, 13 and 33, Transport Policies 4, 6 and 7 and Strategic Policy 4 along with Planning Policy Statement 1/01. Whilst the beach is not designated for Class 1.3 use, its use for public sitting, eating and drinking is already established and the only difference is that the area will be cordoned off and only those consuming food and drink purchased on the premises will be allowed to remain within it. The beach is a considerable length and the proposal only a small part of it and it is considered that the temporary nature and the layout and appearance of the proposal result in it being concluded that this impact is acceptable despite the site not being designated for development.

Date of Issue: 27th May 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.