DEC Decision Notice

JTM Architecture The Basement 16 Derby Road Douglas Isle Of Man IM2 3ET

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 Ms Rosalind Storey, Ref 22/00822/B, for the Alterations, erection of rear extension, and use of garage as storage, associated bicycle storage to replace a lost parking space and use as a dog grooming business at 22 Alberta Drive Onchan Isle Of Man IM3 1LS.

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. The use hereby approved shall only be undertaken: 0900hrs - 1700hrs between Monday and Friday The use shall not be undertaken at any time on weekends or Public Holidays.

Reason: To ensure that the development is undertaken in accordance with the application details and in the interest of protecting neighbouring living conditions.

• 3. There must be no more than one customer/client present at the designated dog grooming area at any one time. Reason: In the interest of highway safety and residential amenity.
• 4. The area of the building to be used for dog grooming service shall be limited to that shown on the floor plans forming part of the application and the use hereby permitted shall not extend into any other part of the premises.

• Reason: To minimise the disturbance to adjacent residential occupiers and to protect the residential character of the locality.
• 5. The use hereby approved shall only be for the benefit of the applicant while they are resident at 22 Alberta Drive and no staff may be employed and/or work at the premises.

Reason: Although the specific details of this application have been found acceptable, any change to its operation will require fresh assessment.

• 6. No more than two dogs may be present at the site for the dog grooming business at any time.

Reason: to protect neighbouring amenities and preserve the predominantly residential nature of the area.

• 7. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 or any order amending, revoking or re-enacting these Orders, the part of the premises hereby approved shall be used only as for dog grooming and shall not be used for any other purpose Use Class 1.1 without the express grant of planning approval from the Department.

Reason: To enable the Department to consider the implications of any subsequent change of use on the amenities of the area.

This approval relates to the documents and drawing no. JTM2009-P-01, JTM2009-P-02 Rev J which have been received on 3rd August 2022.

This decision has been made for the following reasons(s) The extensions would not have a negative impact on the character of the house and of the surrounding area. The additional shop use (dog grooming) would not have negative impact on the parking, traffic or neighbouring properties. Therefore, this application is considered to comply with General Policy 2 of the Strategic Plan and the Residential Design Guide July 2021.

Date of Issue: 18th November 2022

Director of Planning and Building Control

Guidance Note

This decision was made by a Principal 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.

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 £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.