DEC Decision Notice

Town Planning Consultancy Ltd Sarah Corlett Ballachrink Croft Ballacorey Road Bride Isle Of Man IM7 4AW

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 Ms Jane Caroline Shepherd, Ref 23/00504/B, for the Erection of building for use as a toilet facility and storage, sales of charcuterie produced on site and the creation of a unit for the preparation of charcuterie from meat from the site at Ballacosnahan Farm Patrick Road Patrick Village Isle Of Man IM5 3AW .

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. In the event that it is no longer used or required for agricultural purposes or for the operation of the charcuterie business the buildings hereby approved shall be removed and the ground restored to its former condition within 3 months of the use ceasing.

Reason: The building has been exceptionally approved solely to meet need and its subsequent retention would result in an unwarranted intrusion in the countryside.

• 3. The buildings must be used only for the storage and sale of products produced on the Ballacosnahan Farm holding or for ancillary agricultural purposes relating to the Ballacosnahan Farm holding.

Reason: The countryside is protected from development and an exception is being made on the basis of need. As such the building must be used for the purposes for which it is approved.

This approval relates to the following drawings referenced;

Existing and proposed site and location plans - 21/3123/23/01/A Proposed toilet and storage block plans - 21/3123/23/P/02 Existing and proposed barn plans - 21/3123/23/03 Meat preparation area plans - 21/3123/23/04 Received 25.04.23.

This decision has been made for the following reasons(s) The proposed development is considered to be acceptable in principle having demonstrated a clear agricultural need, without detriment to the visual amenity of the immediate locality and wider landscape. The proposals are considered to be in accordance with Strategic Policy 5, Spatial Policy 5, General Policies 2 and 3, and Environment Policies 1, 2, 15 and 18 of the Strategic Plan (2016).

Date of Issue: 7th August 2023

Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner in accordance with the authority delegated to them.

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.