**Document:** DEC Decision Notice
**Application:** 19/01334/B — Erection of managers lodge
**Decision:** Permitted
**Decision Date:** 2020-03-23
**Parish:** German
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/12416-german-sunset-lakes-ballagyr-lane-managers-lodge/documents/991032

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# DEC Decision Notice

Ellis Brown 12 Strathallan Crescent Queens Promenade Douglas IM2 4NR

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 CCSE Leisure Ltd, Ref 19/01334/B, for the Erection of managers lodge at Sunset Lakes Ballagyr Lane Peel 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. In the event that the building hereby approved is no longer required or used for its approved use, as set out in condition 3, it shall be removed from the site within 12 months of its last use, including the removal of any associated foundations and hardstandings, and the ground restored to its former condition unless otherwise approved in writing by the Department

Reason: the site is not designated for development and the justification for the property relates to it being required for security purposes associated with the adjacent tourist and recreation facilities.

- 3. The building may be used only as reception and office purposes associated with the adjacent tourism and recreation facilities and the living accommodation may only be occupied by persons employed in association with the adjacent facilities.

Reason: the site is not designated for development and an exception is being made on the grounds of the need for on-site security for the adjacent facilities.

- 4. Prior to the commencement of any excavation or building works, a plan showing the existing and proposed levels of the site must be approved in writing by the Department and the development undertaken in accordance with these details.

- Reason: to ensure that the building is established at an appropriate level so as not to be prominent in the landscape.
- 5. The development must be undertaken in full accordance with the Precautionary Working Method Statement dated January 2020. Reason: to accord with Environment Policy 4 of the Strategic Plan.

This approval relates to the drawings referenced 18/2722/01 and 18/2722/02, received 27th November 2019, together with the Manx Wildlife Trust Protected Species Precautionary Working Method Statement dated January 2020.

This decision has been made for the following reasons(s) The principle of the proposal is considered to be acceptable on an exceptional basis for the provision of security for the site and fish stock, and by reason of its siting amongst other buildings similar in appearance, and subject to conditions in respect of occupancy and removal if no longer required. The proposal is not considered to result in any significant visual impact on the wider landscape.

Date of Issue: 23rd March 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/12416-german-sunset-lakes-ballagyr-lane-managers-lodge/documents/991032*
