DEC Decision Notice

Rural Business Consultancy Mr Chris Kneale Ballachristory Jurby Isle Of Man IM7 3HD

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 Mr Robert Christian, Ref 23/00367/B, for the Erection of agricultural workers dwelling at Field 324731 Ballavitchel Road Crosby 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• 2. The development hereby approved shall not be occupied until details of:

• o highway visibility splays of 2.4m x 25m in each direction which must be provided and maintained for the duration of the development. The visibility splays are measured from a point 2.4m back from the edge of carriageway on the centre line of the access to a point 25m on the nearside edge of the carriageway. No obstructions greater than 0.9m above the carriageway level should be present in the visibility splays.
• o the widths of the accesses off the Ballavitchel Road and into the dwelling driveway;
• o the surface material used for the access off Ballavitchel Road (which must be constructed of a bound and consolidated surface material for a minimum of 5m off the highway);
• o the size of the internal tarmac driveway to ensure a minimum of two vehicular parking spaces can be accommodated; and,
• o the provision of bicycle storage in a secure and covered area at a rate of one space per bedroom;
• o drainage details to prevent surface water runoff onto the public highway from the access track in accordance with the guidance contained in section 11.3.11 of the Manual for Manx Roads;

have been submitted to and approved in writing by DEFA Planning. Thereafter, the development shall be carried out in accordance with the approved details and shall thereafter be permanently retained and maintained.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles and cycle parking in the interests of highway safety.

• 3. The occupation of the dwelling hereby approved shall be limited to a person engaged or last engaged solely in agriculture on the Isle of Man, and any resident dependants or a widow or widower of such a person.

Reason: The site is in an area where new dwellings are not normally approved except where an agricultural need has been established and accepted by the Department.

• 4. Once constructed, if the dwelling is no longer required or occupied by persons engaged in agriculture, in accordance with condition 4 above, it must be demolished and the ground returned to part of the surrounding fields.

Reason: an exception to the general presumption against development is being made on the basis of agricultural need and should that need no longer be present, there is no justification for the dwelling and it should be removed.

• 5. Prior to the first occupation of the development, hereby approved, a Landscaping Strategy shall be submitted to and approved in writing by the Local Planning Authority. The Landscaping Strategy shall include details of all planting and sowing, including size, species and numbers of trees and plants, ground preparation, management and maintenance, and measures to encourage and enhance the biodiversity of the site. The trees to be planted shall be Heavy Standard Trees of 12-14cm girth, and no less than 300 - 350cm in height, and shall be Manx native species. All planting, seeding, and earth works comprised in the approved details of landscaping shall be carried out in the first planting and season (November - March) following the substantial completion of the development whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.

• 6. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling, hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area. This decision relates to

Site location plan showing site edged red and proposed landscaping details - scale 1:1,000 on A3 paper; Proposed Floor Plan, Elevations and Section A-A; Proposed Dimensioned Floor Plan; Foundation Plan and Section A-A;

all date-stamped received on 17 March, 2023.

NOTE FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.

You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.

To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.

This decision has been made for the following reasons(s) The proposal accords with the provisions of Environment Policies 1, 2 and 15, General Policy 3 and Housing Policies 7, 9 and 10 of the Isle of Man Strategic Plan. Strategic Policy 5, General Policy 3 f), Housing Policies 7, 8, 9, 10; and, Transport policy 4.

Date of Issue: 25th August 2023

J CHANCE 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 £335); 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 £125). 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 (should one have been received) 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.