**Document:** DEC Decision Notice
**Application:** 20/00906/B — Removal of condition four of PA 19/01449/C, Change of use to include use classes 2, 3, 4, 5 (excluding light industrial), and 6, concerning the users of the site, number of activities which can take place and the number of days the site can be used
**Decision:** Permitted
**Decision Date:** 2020-11-05
**Parish:** Lezayre
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/13424-lezayre-innovation-centre-jurby-change-of-use/documents/999786

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# DEC Decision Notice

Zipaddress Ltd Mountain View Innovation Centre Jurby Road Ramsey Isle Of Man IM7 2DZ

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 Zipaddress Ltd, Ref 20/00906/B, for the Removal of condition four of PA 19/01449/C, Change of use to include use classes 2, 3, 4, 5 (excluding light industrial), and 6, concerning the users of the site, number of activities which can take place and the number of days the site can be used at Mountain View Innovation Centre Jurby Road Ramsey Isle Of Man IM7 2DZ .

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. For the avoidance of doubt approval is hereby given only for the following additional uses (as set out in the Town and Country Planning (Use Classes) Order 2019 - or equivalent classes of any order which replaces it):

- - Main Film Studio Building - Research & Development excluding light industrial (Use Class

- 2.2);

- - Building referred as "Babbages" (Ground Floor) - Food and Drink (Use Class 1.3) - canteen open to members of the public, financial and professional services (Use Class 1.2) and offices (Use Class 2.1);
- - "Babbages" (First Floor) - Financial and professional services (Use Class 1.2) and offices (Use Class 2.1); and
- - Existing two storey office block with attached small sound stage/workshop - Financial and professional services (Use Class 1.2), Offices (Use Class 2.1), Research & Development excluding light industrial (Use Class 2.2), and Storage or distribution (Use Class 2.4).

Reason: The application has been judged and considered acceptable on the basis of the above proposed uses only.

- 3. No visitors/customers shall remain in the existing Film Workshop Building, the Film Studio building and the "Babbages" building outside the following hours 0730hrs till 0000hrs. These times do not apply if the existing buildings are being used for the purposes of the making and/or production of films. Reason: In the interests of the residential amenity of the area.

The development hereby permitted shall not be carried out except in full accordance with the submitted documents and the following plans 1, 2, 3, 4, 5, 6, 7 & 8 all received on 10th August 2020.

This decision has been made for the following reasons(s) It is considered the application is finely balanced; however, for the reasons indicated the proposal would not have any significant impacts upon public or private amenities to warrant a refusal and therefore comply with the relevant planning policies referred to within the IOMSP.

Date of Issue: 5th November 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 £285); 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/13424-lezayre-innovation-centre-jurby-change-of-use/documents/999786*
