**Document:** DEC Decision Notice **Application:** 21/00644/B — Erection of replacement building to provide 5 industrial units and creation of associated parking, service road and vehicular access **Decision:** Permitted **Decision Date:** 2021-09-07 **Parish:** Michael **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/7640-michael-pennybridge-barn-former-riding-school-access-replacement/documents/934141 --- # DEC Decision Notice Arch-Tec (IOM) Ltd Architectural Design Consultants Architectural Studio 7 Olafs Close Governors Hill Douglas Isle Of Man IM2 7AR 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 PennyBridge Investments Ltd, Ref 21/00644/B, for the Erection of replacement building to provide 5 industrial units and creation of associated parking, service road and vehicular access at Pennybridge Barn (former Riding School) & Field 234228 Main Road Kirk Michael Isle Of Man . 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. Notwithstanding the meaning of development in Section 6 of the Town and Country Planning Act 1999 or any act revoking or re-enacting that Act, no mezzanine floor shall be constructed without a further application for planning approval being submitted and approved. Reason: the parking provision is considered acceptable on the basis of the floor area of the proposed units as shown in the submitted plans and on only one floor of accommodation per unit. - 3. The development hereby approved shall not be occupied or operated until the access, visibility, and internal layout (including parking) have been provided in accordance with drawing no 1500.11 received 3 June 2021. Such areas shall remain free from obstruction thereafter and remain available to the users of the corresponding industrial unit. - Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles, and safe vehicular entry and exit from the site in the interests of highway safety. - 4. Prior to the implementation of the planting scheme shown on drawing 1500.11, the details of the type and planting (height) of the particular species that would constitute the approved landscaping indicated shall be submitted to and approved in writing by the Department. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the units, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved. - 5. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the units hereby approved shall only be used for Light industry and Research & Development (Class 2.2) and for no other purpose at any time. Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration. - 6. Prior to the occupation of the units hereby approved, a scheme for the integration of bat and bird boxes on the external elevations of the development hereby approved shall be submitted to the Department for approval. The works to form the bat and bird boxes shall take place strictly in accordance with the approved details and shall be permanently retained in accordance with the approved details. Reason: To safeguard a statutorily protected species. This decision relates to the Stage 1 Road Safety Audit, Planning Access Statement, Road Safety Audit - Designers response, Planning Statement, Location Plan, Site Plan, and Drawing Nos. 1500.1, 1500.11, and 1500.10, all received on 3 June 2021. This decision has been made for the following reasons(s) The development is considered to broadly comply with General Policy 3, Strategic Policy 1, Environment Policy 2, 3, 23 and 36, Business Policy 1, Transport Policy 7, and Strategic Policy 10 of the Strategic Plan, and the Kirk Michael Local Plan. Date of Issue: 7th September 2021 Director of Planning and Building Control 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 £295); 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 £110). 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. --- *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/7640-michael-pennybridge-barn-former-riding-school-access-replacement/documents/934141*