**Document:** DEC Decision Notice
**Application:** 20/00304/C — Change of use from general industrial to leisure (Class 2.3 to class 4.4)
**Decision:** Permitted
**Decision Date:** 2020-05-07
**Parish:** Malew
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/12841-malew-change-of-use/documents/995002

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# DEC Decision Notice

Stephen Woodward 64 Wyborn Drive Onchan IM3 4AY

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 Stephen Woodward, Ref 20/00304/C, for the Change of use from general industrial to leisure (Class 2.3 to class 4.4) at Unit C Balderton Court Balthane Ballasalla Isle Of Man IM9 2AJ .

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. Prior to the commencement of the use hereby approved, the area shown on plan reference GA200 must be levelled and hard surfaced and be available for the parking of vehicles associated with the approved use and thereafter must continue to be available for such purposes.

Reason: to ensure that there is sufficient car parking to accommodate vehicles associated with the approved use.

- 3. This approval relates to the use of the building as an indoor recreation facility. Reason: to clarify the extent of the planning approval.

This decision relates to drawings GA4, GA4A, GA5 and GA200 all received on 11th March, 2020.

This decision has been made for the following reasons(s) Whilst the proposed use is not consistent with the land use designation, it is considered that there is justification for accepting this alternative use as it supports the Strategic Plan objectives on recreation and it is not considered that there will be any environmental harm from the proposal.

Date of Issue: 7th 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
- • 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 £100). 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.

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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/12841-malew-change-of-use/documents/995002*