DEC Decision Notice

Mr Alan Martin Ballacowle Farm Lhen Road Bride Isle Of Man IM7 4BQ

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 Alan Martin, Ref 23/00450/C, for the Additional use of agricultural building for the parking of a HGV vehicle at Ballacowle Farm Lhen Road Bride Isle Of Man IM7 4BQ .

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. This approval is for the additional use of the agricultural shed (outlined in red in the approved plans) for the parking of one HGV vehicle only.

Reason: The application has been assessed on this basis and approval does not want to prevent any actual agricultural vehicles from parking.

• 3. In the event that the additional use of the building for the parking of one HGV is no longer required and its use ceases for a period in excess of 12 months, the building's use shall return solely to agricultural use and retain as such thereafter.

Reason: The application has been approved on an exceptional basis in the interest of protecting the countryside.

• 4. The building hereby approved shall be removed and the ground restored to its former condition in the event that it is no longer used or required for both agricultural purposes and the storage of the HGV.

Reason: in the interest of protecting the character of the countryside and being consistent with the previous approval.

This approval relates to the documents, covering letter, photo, location plan, site plan and plan of the agricultural building date stamped as having been received on 6th April 2023.

This decision has been made for the following reasons(s) The proposed HGV parking is relates to the existing agricultural use of the farm. It only counts for a small portion of the built-up area within the farm and does not have a negative impact on the character of the countryside or highway safety.

Date of Issue: 11th July 2023

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.