**Document:** DEC Decision Notice **Application:** 22/00455/B — Conversion from shop (Class 1.1) to food and drink (Class 1.3) involving the installation of a rear flue and reinstatement of rear double doors **Decision:** Permitted **Decision Date:** 2022-07-08 **Parish:** Lezayre **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/8853-lezayre-10-st-pauls-square-conversion-shop/documents/949955 --- # 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 Mr Sandeep Singh, Ref 22/00455/B, for the Conversion from shop (Class 1.1) to food and drink (Class 1.3) involving the installation of a rear flue and reinstatement of rear double doors at 10 St Pauls Square Ramsey Isle Of Man IM8 1LE . 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. No customers shall be served or remain in the building outside the following hours 11:00 to 23:00 Sunday to Thursday 11:00 to 01:00 Friday to Saturday Reason: The application proposes the times listed and has been considered on this basis only and in the interests of the amenity of neighbouring occupants in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016. - 3. The extractor system and flue must be installed according to the plans and supporting information and maintained as such thereafter Reason: To ensure the development is implemented according to the plan/details submitted, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted. - 4. The extractor system hereby approved shall be removed and the ground restored to its former condition in the event that it is no longer used or required for a period exceeding 12 months. Reason: The structures have been exceptionally approved solely to meet a specific need and its subsequent retention would result in an unwarranted infrastructure within the streetscene. - 5. The kitchen extract system(s) shall not exceed the noise limit of 45 dB LAeq, 5 minute measured at the façade of neighbouring residential premises. Reason: In the interests of public and private amenities. This decision relates to the following plans and drawings, date stamped received on 13th April 2022; - o Location Plan - o Drawing No. JTM2218-P-01 This decision has been made for the following reasons(s) The proposal complies with General Policy 2 and Environment Policy 22 of the Isle of Man Strategic Plan 2016. Date of Issue: 8th July 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. --- *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/8853-lezayre-10-st-pauls-square-conversion-shop/documents/949955*