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Parks Services Mr M Higgins Ballaughton Nursery Douglas IM2 1JJ
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 Douglas Borough Council, Ref 22/00090/B, for the Variation of condition 2 of PA 20/00038/B to change the operational dates from Thursday 24th to Monday 28th March at Nobles Park Nobles Park Douglas Isle Of Man IM2 4BD .
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).
Reason: for the avoidance of doubt and to ensure the development takes place in accordance with the approved details.
Reason: for the avoidance of doubt, to ensure the development takes place in accordance with the approved details, in the interests if local amenity and to prevent unacceptable loss of use/access to open space (including parking for that open space). Further, those are the times that have been sought by the applicants and those are the dates that have solely been considered.
Reason: for the avoidance of doubt, to ensure the development takes place in accordance with the approved details, in the interests if local amenity, to avoid any conflict with TT/Festival of Motorcycling and to prevent unacceptable loss of use/access to open space (including parking for that open space).
Reason: for the avoidance of doubt, to ensure the development takes place in accordance with the approved details and to avoid unacceptable noise impact on local residents.
This approval relates to the submitted documents and drawing all received on 26.01.2022. This decision has been made for the following reasons(s) The application does not raise any significant concerns nor would the temporary nature of the proposal raise any significant impacts upon public or private amenities and therefore comply with General Policy 2, Environment Policy 22, Recreation Policy 2 and Transport Policy 7 of the Isle of Man Strategic Plan 2016.
Date of Issue: 16th March 2022
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 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.
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