DEC Decision Notice

Mr Johnny Brian Chambers Unit KB2 Harcourt Drive Balthane Ballasalla Isle Of Man IM9 2AH

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 subordinate Orders and Regulations, the Department of Environment, Food and Agriculture determined to REFUSE an application by Mr Johnny Brian Chambers, Ref 22/00403/C, for the To part use industrial unit as a retail outlet (Retrospective) at Unit KB2 Harcourt Drive Balthane Ballasalla Isle Of Man IM9 2AH for the following reason(s):

• 1. The proposal includes retail use and has not provided sufficient justification that either: the items could not be reasonably sold from a town centre location because of their size or nature; or the items are produced on the site and their sale could not reasonably be severed from the overall business. Furthermore, insufficient evidence has been provided to demonstrate that the proposal would not detract from the vitality and viability of town centre shopping areas. The proposal is therefore considered to be contrary to Strategic Plan (2016) Business Policy 5.
• 2. The proposed development would be contrary to Business Policy 5, Strategic Policy 9 and Business Policy 10 of the Isle of Man Strategic Plan 2016, in that it would establish a permanent retail use in a location not zoned for retail purposes, and where no exemptions exist.

Date of Issue: 19th August 2022

Director of Planning and Building Control

Guidance Note

This decision was made by a Principle Planner 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.

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 £305); 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 £115).

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.