**Document:** DEC Decision Notice
**Application:** 19/01069/B — Erection of a building to provide ground floor retail (Class 1) and first and second floor offices (Class 4)
**Decision:** Permitted
**Decision Date:** 2020-05-12
**Parish:** Lezayre
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/12262-lezayre-market-hill-plot-college-street-office/documents/989699

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# DEC Decision Notice

Wilson Consulting Limited Kempis House Orrisdale Road Ballasalla Isle Of Man IM9 3AE

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Bravo Homes Limited, Ref 19/01069/B, for the Erection of a building to provide ground floor retail (Class 1) and first and second floor offices (Class 4) at Market Hill Plot College Street Ramsey 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

- 2. No development shall commence until details of the materials and type of the finish of the external elevations of the approved building have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
- 3. No development shall commence until details of the material and method of opening of all proposed windows on the approved building have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.

This decision relates to the following plans and drawings, date stamped received on 23rd September 2019:

- o 206/001 Location Plan

- o 206/002 Site Plan
- o 206/020 Proposed Plans & Elevations

This decision has been made for the following reasons(s) This proposal is one which is considered acceptable on balance as whilst it does not strictly meet the criteria of Transport Policy 7, no cycle parking is provided and the site is not directly in the main retail core frontage, it is considered to be broadly in accordance with Strategic Plan and Local Plan policies in respect of the principle of the development, its design and issues of amenity impact, given the nature of the proposed use, the uses around it and the arrangement of existing and proposed windows.

Date of Issue: 12th May 2020

## 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 £276); and
- • election to have the appeal conducted by means of an inquiry(a hearing) or by means of written representation.

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.

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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/12262-lezayre-market-hill-plot-college-street-office/documents/989699*
