**Document:** Decision Notice
**Application:** 24/91210/C — Change of use to scaffold, construction materials and plant storage yard
**Decision:** Permitted
**Decision Date:** 2024-12-02
**Parish:** Malew
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/33401-malew-port-way-change-of-use/documents/1076448

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# Decision Notice

Clawson Properties Ltd Unit 8, Cooil Smithy Isle Of Man Business Park Braddan IM2 2QA

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 Clawson Properties Ltd, Ref 24/91210/C, for the Change of use to scaffold, construction materials and plant storage yard at Unit 7C Portway Balthane Ballasalla Isle Of Man IM9 2AG .

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. This approval relates only to the use of the site edged red on Proposed Site Plan for the storage of scaffold, construction materials and plant. Reason: The application has been assessed on this basis as requested in the application form. This approval relates to the following documents and drawings all date received 22/10/2024:

- o Location Plan
- o Proposed Site Plan
- o Drawing List
- o Photos
- o Planning Statement
- o Proposed Floor Plan
- o Existing Site Plan
- o Existing Floor Plan

This decision has been made for the following reasons(s) The proposed change of use is considered acceptable meeting with Strategic Policies 1, 2, 5 and 7, and Business Policies 1 and 5. The proposed use is not considered to adversely affect the general visual or amenity of the area or highway safety and thus meeting with General Policy 2

(b, c, g, h and i) of the Strategic Plan and to align with 6.8.2 of the Area Plan for the South 2013. Date of Issue: 2nd December 2024 J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Acting 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 informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/onlineapplications/)

Implementation A determination to grant planning approval does not have effect —

if an appeal is submitted until the appeal is determined or withdrawn; or

if no appeal is submitted, but there are potential appellants in addition to the applicant, until the time within which an appeal may be submitted has expired (21 days from the date of this notice).

Development must be carried out in accordance with the approved plans and any attached conditions (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 can only be made by a person who has been accorded rights to do so, must be in writing, include the appropriate fee and be submitted to the Department within 21 days of the date of this Notice.

Guidance on how to appeal is available at gov.im/howtoappeal

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/33401-malew-port-way-change-of-use/documents/1076448*