Decision Notice

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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 REFUSE an application by Sandash Farms Ltd, Ref 16/00664/B, for the Erection of an agricultural workers dwelling at Part Field 510408 Ballakissack Farm School Lane Santon Isle Of Man for the following reason(s):

• 1. Housing Policy 7 and part (a) of General Policy 3 of the Isle of Man Strategic Plan 2016 allow for the construction of new dwellings for agricultural workers where an essential need for such dwellings is established. It is concluded that such an essential need has not been demonstrated in this case such that the application is contrary to these two policies.
• 2. In the absence of an essential need having been established, the application is also contrary to Environment Policy 1 of the Isle of Man Strategic Plan 2016, which requires that the countryside be protected for its own sake.
• 3. The design of the dwelling proposed does not reflect the wording of policies 1-7 of Planning Circular 3/91 ('Guide to the Design of Residential Development in the Countryside'), and therefore also fails to comply with the wording of Housing Policy 10 of the Isle of Man Strategic Plan 2016, which requires agricultural dwellings to generally follow those seven policies of the Circular. Insufficient justification has been made in the application to explain why the policies of the Circular or Housing Policy 10 should be set aside.
• 4. The dwelling proposed would be sited away from the main farmyard and would require a new access lane. While this would not be especially visible from public viewpoints, the key test as set out in Environment Policy 1 and part (a) of Environment Policy 2 has not been met in that an essential need for the dwelling has not been demonstrated. Accordingly, the application is contrary to Environment Policies 1, 2 and 15 and part (a) of Housing Policy 9 of the Isle of Man Strategic Plan 2016.

Date of Issue: 1st November 2016

Interim 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 decision refers only to that applied for under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Whilst a copy of the Officer’s report is included alongside this notice, any wider 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

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 £170);
•  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/

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.

PleasenotethatifthecountercopyoftheapplicationisnotcollectedwithinTHIRTY DAYS following the last date on which a planning appeal can be made it will be destroyedwithoutfurthernotice.