**Document:** DEC Decision Notice **Application:** 19/01432/B — Erection of mobile kiosk for sale of farm produce **Decision:** Permitted **Decision Date:** 2020-05-12 **Parish:** Michael **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/12514-michael-high-tilt-mobile-kiosk-sale/documents/992042 --- # DEC Decision Notice GCA Architects Carmodil Beg Studio Glen Road Ballaugh Isle Of Man IM7 5JD 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 IOM Goats Limited, Ref 19/01432/B, for the Erection of mobile kiosk for sale of farm produce at High Tilt Douglas Road Kirk Michael Isle Of Man IM6 1AS. 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. All planting, seeding or turfing shown in drawing 860/27C including the planting of Aucuba japonica crotonifolia as the hedging vegetation, comprised in the approved details of landscaping must be carried out, at the latest, in the first planting and seeding season following the first installation of the kiosk, 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. - 2. The kiosk and the use of both sites for the sale of produce subject to condition 3 below, may continue until May 31st, 2022 whereupon the kiosk must be removed from the sites and the sites no longer used for the purposes of any retail. Reason: to clarify the extent of the approval in line with the application as submitted. - 3. The kiosk to be positioned to the rear of the Mitre Hotel may be in place only during practice and race weeks associated with the TT and the Festival of Motorcycling. Reason: to clarify the extent of the approval in line with the application submitted. - 4. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 or any order amending, revoking or re-enacting these Orders, the site defined in red on plan 860.27B hereby approved shall be used only for the sale of goods produced on the farm or from animals kept on the farm and shall not be used for any other purpose within Use Class 1.1 of the Order without the express grant of planning approval from the Department. Reason: to enable the Department to consider the implications of any subsequent change of use on the amenities of the area. This approval relates to drawing 860.27C received on 18th March, 2020. This decision has been made for the following reasons(s) The application is considered to accord with General Policy 2, Environment Policies 18 and 35 and Planning Policy Statement 1/01. 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. --- *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/12514-michael-high-tilt-mobile-kiosk-sale/documents/992042*