DEC Decision Notice

Mr James Allison Tranquillity Bride Road Andreas IM7 4HR

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 James Allison, Ref 20/00072/B, for the Erection of an agricultural building to provide a livestock shelter at Field 624084 Rhowin Road Maughold 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. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
• 3. No approval is hereby given for the use of the building hereby approved to be used as a separate dwelling and it may only be used in association with the agricultural activities on the site.

Reason: the application has been considered for exceptional agricultural need and is not to be used as a dwelling.

• 4. If the use of the agricultural building hereby approved ceases for period exceeding 12 months, the building and any supporting base shall be removed and the ground restored to its former condition within 3 months of the date of the cessation, unless a time is otherwise approved in writing by the Department.

• Reason: The building has been exceptionally approved solely to meet equestrian/ agricultural need and its subsequent retention would result in an unwarranted intrusion in the countryside.
• 5. The approval hereby given shall not be implemented if the development approved under 19/00926/B has been implemented, and the development hereby approved shall be removed from the site, and the ground restored to its previous condition, within 3 months of any implementation of 19/00926/B which takes place subsequent to the implementation of the approval hereby given.

Reason: The development has been approved as an alternative to the development approved under 19/00926/B, not as an additional development.

This decision relates to the following plans and drawings, date stamped received on 24th January 2020:

• o Location Plan
• o Site Plan
• o Site of Bothy, Elevation drawing and floor plan.
• o Information required for Planning Permission for barns and/or any further buildings
• or structures associated with agriculture.

This decision also relates to the floor plan received on the 27th February 2020 showing the location of the bothy.

This decision also relates to the elevation plan received on the 12th March 2020 showing the height of the bothy in relation to the stone wall it's next to.

This decision has been made for the following reasons(s) Whilst the proposed 'bothy' is not with the already in situ structures within the field the proposed 'bothy' is not within a general public vantagepoint, is situated within the field so that any impact is limited and is structured out of traditional material which will limit any impact on the character or appearance of the countryside. As such the 'bothy' complies with Environment Policy 1, 2 and 15.

Date of Issue: 12th May 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 £276); 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.