Decision Notice

Arch-Tec (IOM) Ltd The Architectural Studio 2nd Floor 20 Duke Street Douglas IM1 2AY

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by J R Creer Ltd, Ref 16/00125/B, for the Erection of a visitors and education centre, three traditional tholtan style tourist units, conversion of existing outbuilding to tourist accommodation, erection of facilities block, creation of parking area and kiosk, upgrading of access lane and creation of wildlife pond at Middle Cordeman Farm Cordeman Road St Marks Ballasalla Isle Of Man IM9 3AJ subject to compliance with the following condition(s) and notes (if any) :

• 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• 2. The proposed new tourist units may be used only as tourist accommodation and not as a permanent or main residence for any person.

Reason: The units are being approved as they contribute to the Government's tourism strategy and would not otherwise be approved if they were for permanent occupation.

• 3. The pond should not be built across the path of the existing stream or ditch. This is to prevent the introduction of sediment to the stream during construction, which may in turn have an adverse effect on fish spawning areas downstream and the existing stream should not be used as the water supply to fill the pond. The pond should be filled from groundwater or from the nearby existing ponds as discussed. REASON: This might reduce water flows in the stream during critical periods.

NOTE: The applicant is advised to contact DEFA when works are due to commence, which can be done by email or telephone. In the meantime please contact Inland Fisheries on 685857 with any further queries (25.02.16).

• 4. Prior to the commencement of any other works the applicant must have approved by the Department a plan showing:

• -alterations required to the access road to ensure inter-visible passing places and
• -improvements at the access to permit passing traffic and improved visibility

and these works must be undertaken prior to the undertaking of any other works hereby approved.

REASON: In the interests of highway safety.

• 5. The hedgehog/nature information centre may be used only for the interpretation of the countryside and its wildlife and agriculture and for no other purpose.

REASON: An exception is being made to the general presumption against development as the facility will aid the interpretation of the countryside.

• 6. The walls of the new build tourist units and hedgehog information centre must be coloured such that their visual impact is limited in the surrounding area. Details of the colour of the walling of these buildings must be approved by the Department and the walling coloured in accordance with these details thereafter unless otherwise approved by the Department. Reason: to enable the new buildings to sit comfortably and unobtrusively in their setting.
• 7. If the new build tourist units and hedgehog information centre are no longer used for their purposes hereby approved, the buildings and bases must be removed from site and the ground restored to its former condition within twelve months of last use.

Reason: to ensure that the countryside does not accommodate buildings which are no longer justified, in accordance with Environment Policy 1 and General Policy 3 of the Strategic Plan.

This approval relates to drawings 1317.1, 1317.2 x 2, 1317.4 x 3, 1317.5 x 2, 1317.6, 1317.30, 1149.4, 1278.1, 1278.2 and 1278.4 all received on 5th February, 2016.

NOTE The applicant is encouraged to submit a scheme for the signage of the site to discourage visitors from travelling further up Cordeman Road. Such signage should be effective but appropriate in position, design, materials and design for the rural location.

Date of Issue: 31st March 2016

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it in the name of the Minister and/or in the name and on behalf of the Department.

This permission refers only to that required under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

•  Payment of a planning appeal fee as prescribed in the Town and Country Planning (Application and Appeal Fees) (No2) Order 2015 (currently £165);
•  The reasons for making the appeal; and
•  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

The proposed development must not be commenced until either;

•  The time for requesting an appeal has expired; or
•  Any appeal has been determined;

Whichever is the later.

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is now available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.

https://www.gov.im/planningapplication/services/planning/search.iom

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.