Officer Extension Recommendation Memo

Department Of Infrastructure ### Memorandum To: Jennifer Chance, Development Control Manager From: Ian Brooks, Planning Officer Subject: Extension of time for PA 08/01189/B - Erection of a replacement industrial unit, Unit 1 Hills Meadow Industrial Estate, Douglas Date: 03/10/12 Planning application number 08/01189/B was granted planning permission on 3rd November 2008 subject to conditions. The planning permission expires on the 3rd November 2012. The applicant's agent has stated that: "Due to the current economic climate work has not commenced on the replacement building and our client has instructed us to seek an extension to the Planning approval, subject to conditions previously attached, for a period of four years. Article 13 of the Town and Country Planning (Development Procedure) Order 2005, which relates to the duration of a planning approval, states: "(1) Any planning approval granted pursuant to this Order shall be deemed to be granted subject to the condition that the development must be begun - (a) Not later than the expiration of such period as may be specified therein; or (b) if no such approval period is specified, the period of 4 years beginning with the date on which it is granted." (2) The period specified under paragraph 1(a) shall not exceed 4 years unless the Department is satisfied that there are special circumstances justifying a longer period. (3) Any person interested in the land to which a planning approval relates may, before the expiration of the period referred to in paragraph (1), apply in writing to the Department for the extension of that period, and the Department may, subject to paragraph (2), extend that period by such further period as may be specified in the application or such lesser period as the Department may determine." If the permission is extended it would exceed the 4 year limit as set out in the Development Procedure Order by a further 4 year. This would mean the permission would have a lifespan of 8 years. The reasons set out by applicant to justify the extension of time do not amount to being special circumstances to warrant an extension of the planning permission. I therefore recommend that the extension of time request be refused. Jennifer Chance Development Control Manager