DEC Decision Notice

Apple Orphanage Co. Ltd. Apple Orphanage Field 310346 Ramsey Road Peel Isle Of Man

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 Apple Orphanage Co. Ltd., Ref 20/00765/B, for the Erection of temporary building for storage and retail use at Apple Orphanage Field 310346 Ramsey Road Peel 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 is for agricultural use and the ancillary elements referred to in C5 only.

Reason: The countryside is protected from development and an exception is being made on the basis of agricultural need. As such the building must be used for the purposes for which it is approved. Any other use would require permission via separate application.

• 3. Planning approval is hereby granted for a temporary period only and shall cease to have effect on 31st December 2025 ('the cessation date'). The use will stop on the cessation date and the application site shall be cleared of all works and development (including any ancillary works, infrastructure, fixtures and fittings) permitted under this approval within 3 months of the cessation date.

Reason: The building is acceptable only for a temporary period because it meets a specific short-term need.

• 4. The building hereby approved including cladding and planting but excluding water tanks and solar panels shall be completed in accordance with approved drawings (ref: PTBS-01, PTBS-02, PTBS-03, PTBS-04, PTBF-1-02, PTBF+B-01, PTBF-E-01 and PTBF-D-03) within 12 months of the decision becoming final and retained as such thereafter and for a period no longer than that specified in C3.

Reason: The proposal has been considered acceptable based on the unique and deliberate design approach of the building and an exception has been made in this case.

• 5. For the avoidance of doubt retail from the site shall be restricted to produce grown on site and associated products only, and for no other purpose including any other use within Class 1.1 of the Town and Country Planning (Use Classes) Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 or any order amending, revoking or re-enacting these Orders.

Reason: The retailing of any other products not grown on site would need to be assessed as part of a separate planning application and against the Departments relevant policies on retailing.

This approval relates to Location Plan, supporting statement and the following drawing ref numbers all dated stamped and received 15/07/2020: PTBS-01, PTBS-02, PTBS-03 and PTBS-04 PTBF-1-02, PTBF+B-01, PTBF-E-01 and PTBF-D-03 PTS-A1-01 and PTS-A1-02 NP-STRUCT PTBVFR-01 PR-TS-01 SP-0-01 01SP-01, 01SP-02, 01SP-03

The application drawings also includes reference to 4 drawings submitted for a contemporaneous application 20/00661/B showing details for access, internal roads and parking for the site.

NOTE The applicant is reminded that a separate application for Express Consent is required for any signage/advertisement at the site.

This decision has been made for the following reasons(s) Subject to those conditions relating to agricultural use, temporary 5 year period, its completion within 12 months and removal should it no longer be required and a condition restricting retail sales, the application is considered to comply with General Policy 3 (f), Environment Policies 2, 15, 17 and 18 and paragraphs 7.14.1 and 7.14.2 of the Isle of Man Strategic Plan 2016.

Date of Issue: 21st September 2020

Director of Planning and Building Control

Guidance Note

This decision was made by the Head of Development Management 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 £285); 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.