**Document:** APP Replacement Decision Notice
**Application:** 20/00925/B — Additional use of existing fish processing plant as retail (class 1.1)
**Decision:** Department Application
**Decision Date:** 2020-12-11
**Parish:** German
**Document Type:** appeal / appeal_submission
**Source:** https://planningportal.im/a/13442-german-food-park/documents/999901

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# APP Replacement Decision Notice

CABINET OFFICE
Government Office
DOUGLAS
Isle of Man
IM1 3PN
Tel (01624) 685280
planning.appeals@gov.im

Our Ref: DF20/0004
Planning Application Ref. No: 20/00925/B

Planning Secretary
DEFA Planning & Building Control Division
1st Floor
Murray House
Mount Havelock
Douglas
IM1 2SF

Dear Mr Visigah,

THE TOWN AND COUNTRY PLANNING ACT 1999
The Town and Country Planning (Development Procedure) Order 2019

I am writing to advise you that, due to an administrative error, the decision notice dated 17th November 2020 and issued in response to the above referenced planning application contains an error in respect to its wording.

Specifically that the reason for the approval had been omitted.

To rectify this omission and in accordance with the provisions of the Town & Country Planning (Development Procedure) Order 2019, Article 20 (8), the Cabinet Office is hereby issuing a Correction Notice (i.e. a new Decision Notice). In doing so I can confirm that apart from the aforementioned amendments and the date of issue, the correction notice is exactly the same in its wording as the original decision notice.

Finally, and for the avoidance of doubt the correction notice replaces the original notice and for all purposes should be treated as the decision notice for this application. I apologise for any inconvenience caused by this omission.

Yours faithfully,

A Johnstone
Planning Appeals Administrator
On behalf of the Chief Secretary

[Table omitted in markdown export]

CABINET OFFICE
Government Office
DOUGLAS
Isle of Man
IM1 3PN
Tel (01624) 685280
planning.appeals@gov.im

Our Ref: DF20/0004
Planning Application Ref. No: 20/00925/B

Planning Secretary
DEFA Planning & Building Control Division
1st Floor
Murray House
Mount Havelock
Douglas
IM1 2SF

Dear Mr Visigah,

## The Town And Country Planning Act 1999
### The Town and Country Planning (Development Procedure) Order 2019

The Planning Inspector appointed by the Council of Ministers has now considered the application and submitted his report in accordance with statute.

On the 5th November 2020, the Council of Ministers considered the recommendations of the Planning Inspector and determined to approve the application subject to the conditions specified below.

M. Caley

Mr W Greenhow ACMA
Chief Secretary

Date of Issue: 24th February 2021

[Table omitted in markdown export]

## Conditions of Approval

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. The retail use hereby approved shall only be implemented for the retail sale of fish products carried out by DEFA or its current lessee at Unit 5, The Food Park, Mill Road, Peel. Upon cessation of occupation of Unit 5 by DEFA or its current lessee, the use for the provision of retail sales of fish products hereby approved shall cease.

**Reason:** This permission is granted exceptionally and the Department wishes to have the opportunity of exercising control over any subsequent use in the event of the Applicant ceasing the use hereby approved.

3. The retail use hereby approved shall only open for customers within the following times:

Mondays, Tuesdays, Thursdays, Fridays and Saturdays: 9am - 5pm (Wednesdays and Sundays: Closed)

**Reason:** To control the impact of the development on the surrounding area.

4. The customer pickup point shown on Drawing No 2020/03/A shall not be used for the parking of vehicles unrelated to the collection of retail products and shall remain free of obstruction to such use at all times.

**Reason:** To ensure that there is sufficient car parking to accommodate the users of the site.

## Reason for Approval

Approval is granted for the reasons referred to in Paragraphs 38 to 50 ('Appraisal by the Inspector') of the Inspector's report.

## Note

This approval is made in accordance with Drawings Nos 2020/01/A, 2020/02/A and 2020/03/A, received 21 July 2020.

In accordance with statute, please be advised that the decision of the Council of Ministers is binding and final.

All parties should note that there is no prescribed right of appeal relevant to the Council's decision herein and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within 3 months.

Yours faithfully,

A Johnstone
Planning Appeals Administrator
On behalf of the Chief Secretary

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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/13442-german-food-park/documents/999901*
