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Architecture In Mann The Design Studio, 76 Summerhill Road, Onchan Isle Of Man IM3 1NH
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 Somerset Properties Ltd, Ref 22/01459/B, for the Continued use of the site as a temporary car park at 40 South Quay Douglas Isle Of Man IM1 5AX.
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: The development has only been found to be acceptable, contrary to policies of the development plan, on a short term basis.
This permission relates to drawings referenced; 01 and 02, received 01.12.22. This decision has been made for the following reasons(s) The continued use of the site as a car park was deemed to be acceptable on the basis that permission be granted for a temporary period of 12 months from the date of the decision notice. The Planning Committee felt that a deviation from adopted planning policy, relevant additional material considerations and the officer's recommendation was justified to allow for a short-term extension of the site's use for a period of 12 months to afford the applicant further time to resolve the ongoing legal boundary dispute. The Planning Committee further considered that the level of visual harm associated with the site's present use would be no greater if not less harmful than if the use of the site as a car park were to cease and the site became redundant. Consequently, it was considered that the impact of the site's continued use as a car park would not be sufficiently harmful from a visual standpoint, with sufficient exceptional circumstances deemed evident to override adopted planning policy and additional material considerations on the basis of a temporary 12 month consent.
Date of Issue: 29th March 2023
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 £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 (should one have been received) 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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