**Document:** DEC Decision Notice **Application:** 13/00825/B — Installation of an access ramp and fencing **Decision:** Permitted **Decision Date:** 2013-08-21 **Parish:** Lezayre **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/4642-lezayre-tholton-bistro-tholt-y-will-fence/documents/912010 --- # DEC Decision Notice ## Isle of Man ### Government #### Sallige Ellen Pannie Department Of Environment, Food And Agriculture Thie Slieau Whallian Foxdale Road St Johns IM4 3AS ## Town and Country Planning Act 1999 ### The Town and Country Planning (Development Procedure) Order 2005 In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to **APPROVE** a planning application by Department Of Environment, Food And Agriculture, Ref 13/00825/B, for the Installation of an access ramp and fencing at Tholton Bistro Tholt Y Will Sulby Isle Of Man IM7 2BF subject to compliance with the following condition(s): 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. 2. The development hereby permitted shall not be carried out except in full accordance with the following plans: Drawing Number NDC/1010 T/100 (proposed floor plan and elevations) received on 15 July 2013; and Drawing Numbers TYWT 01 and TYWT 02 (revised site location plans) received on 07 August 2013. **NOTE** The Manx Electricity Authority advises that there are underground cables/overhead lines within the vicinity of the site and that the applicant should contact them ahead of carrying out any works, 687687. Date of Issue: 21st August 2013 **M Kallyher** Director of Planning and Building Control ### Guidance Note This decision was made by a Senior Planning Officer in accordance with the authority delegated to them. This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice. An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department. The proposed development must not be commenced until either; - The time for requesting an appeal has expired; or - Any appeal has been determined; Whichever is the later. If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, 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. Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; planning@gov.im 13/00825/B [Table omitted in markdown export] ### Officer's Report #### The Application Site 1. The application site is Tholtan Bistro, Tholt Y Will, Sulby. It comprises a converted stone barn used as a cafe/bistro. The building is situated gable end onto the road just to the north of the river, close to the floor of the valley. There is a small car park immediately to the west. The site is otherwise relatively remote. #### The Proposal 2. The application seeks planning approval for the erection of a disabled persons’ access ramp to provide access from the front entrance to the building to the adjacent car park. The ramp would be supported by timber railings to match the existing fence. 3. The applicant has submitted a corrected red line plan, which now includes the area where the ramp is to be built. This has been circulated to the Parish Commissioners and Highways Division for information. Since the plan does not introduce any new issues, the application has not been subject to formal re-consultation. #### Planning History 4. 03/00035/C – approval granted in 2003 for change of use from craft centre to cafe with the sale of food both on and off the premises. 5. The site has no other relevant planning history. #### Planning Policy 6. The Isle of Man Development Scheme (Development Plan) Order 1982 designates the site an Area of High Landscape or Coastal Value and Scenic Significance and National Glen open to the public. 7. General Policy 2 of the Isle of Man Strategic Plan 2007 is relevant: [Table omitted in markdown export] 'Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (I) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption.' ## Representations 8. Lezayre Parish Commissioners - recommend approval (unanimous). 9. Highways Division - no objection. 10. Manx Electricity Authority - there are underground cables/overhead lines within the vicinity of the site and the applicant should contact the Manx Electricity Authority ahead of carrying out any works. ### Assessment 11. The proposed ramp would enhance disabled access to the building and this is welcomed. The design of the ramp, including the timber railings, would be in keeping with the existing fence and would not be harmful to the setting of the building, or the character and appearance of the area. 12. The Highways Division has advised that the ramp and railings would be sufficiently set back from the road such as not to interfere with visibility of and from vehicles emerging from the car park. 13. The proposal raises no other planning concerns. ### Recommendation 14. It is recommended that approval is granted. PARTY STATUS 15. The Local Authority, Lezayre Parish Commissioners, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status. 16. The Highways Division is part of the Department of Infrastructure and not an Interested Party. 17. The Manx Electricity Authority does not raise any relevant planning issues and should not be afforded Interested Party Status. Recommended Decision: Permitted Date of 19.08.2013 Recommendation: ### Conditions and Notes for Approval / Reasons and Notes for Refusal ### C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
0 : Notes attached to refusals C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. The development hereby permitted shall not be carried out except in full accordance with the following plans: Drawing Number NDC/1010 T/100 (proposed floor plan and elevations) received on 15 July 2013; and Drawing Numbers TYWT 01 and TYWT 02 (revised site location plans) received on 07 August 2013. N 1. The Manx Electricity Authority advises that there are underground cables/overhead lines within the vicinity of the site and that the applicant should contact them ahead of carrying out any works, 687687. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer. Decision Made : Permitted Date : $\qquad$ Determining officer (delete as appropriate) Signed : $\qquad$ Anthony Holmes Senior Planning Officer Signed : $\qquad$ Michael Gallagher Director of Planning and Building Control Signed : $\qquad$ Sarah Corlett Senior Planning Officer Signed : $\qquad$ Jennifer Chance Development Control Manager PA13/00825/B Department Of Environment, Food And Agriculture Installation of an access ramp and fencing, Tholton Bistro Tholt Y Will Sulby Isle Of Man IM7 2BF Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 17.07.2013, includes; Dev Control Polygons: Reference Number: 02/01957/B Status: Permitted Proposal: Erection of toilet facility extension to side of Reference Number: 03/00035/C Status: Permitted Proposal: Change of use of craft centre to cafe, for the sale of food on and off premises Reference Number: 13/00825/B Status: Pending Consideration Proposal: Installation of an access ramp and fencing Reference Number: 89/00427/B Status: Permitted Proposal: Conversion of store to shop. Construct new staircase, Storeroom at Celtic Craft Centre, The Barn, Tholt Y Will, Sulby Glen, Lezayre. Frie note - need have doesn't include me works! need new red line. - will intempere with no likely to me work - can. - seems fine visually, much exists, fenc. fd 24/3/13 --- *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/4642-lezayre-tholton-bistro-tholt-y-will-fence/documents/912010*