DEC Decision Notice

Miss P Newton 2 Glen View South Cape Laxey

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 Ms Martina Neffgen & Mr Gary Coleman, Ref 19/00068/B, for the Creation of horticultural nursery, alteration to access, erection of growing sheds, shed for staff welfare, greenhouse / conservatory and siting of polytunnel (partial retrospective) (amendments to PA 12/01692/B) at Field 134801 Y Gharey Clenagh Road Sandygate Ramsey Isle Of Man subject to compliance with the following condition(s) and notes (if any):

• 1. The heated mushroom building, greenhouse/conservatory, polytunnel & potting shed hereby approved may only be used for horticultural purposes of Y Gharey Nursery i.e. growing or associated horticultural storage only and for no other purposes. The Staff welfare building may only be used for members of staff of Y Gharey Nursery.

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

• 2. The nursery shall be open to customers only whilst all land within the visibility splays shown within the two drawings (1:500 and 1:1250) showing visibility from the application site onto Clanagh Road date stamped the 22nd February 2013 is kept free from development or obstruction and maintained as such to the satisfaction of the Planning Authority so as to allow unobstructed views for vehicles exiting the application site onto Clenagh Road. Reason: In the interests of highway safety
• 3. No development shall occur within, nor shall there be any use of, the land defined as existing wild areas (hatched) on drawing no. 418.06 date stamped the 21st December

1. These areas shall be managed in accordance with the detail shown on drawing 418.11b received 02.07.2014 and the email dated 16th October 2014 from the applicant's agent (GCA Architects).

Reason: To protect the ecology interests of the site.

• 4. No species other than those shown on drawing 418.11b received 02.07.2014 may be planted within the application site. Any future changes or additions to this list must be approved in writing with the Planning Authority prior to the planting of any new species.

• Reason: The purpose of the required plant species list is to avoid the planting of any invasive species or species that are potentially harmful to the ecology of the surrounding area.
• 5. In the event that any of the buildings hereby approved are no longer required or used for horticultural purposes for a period in excess of 12 months they shall be removed from the site within 15 months of their last being used.

Reason: The buildings have been exceptionally approved solely to meet horticultural needs and its subsequent retention would result in an unwarranted intrusion in the countryside.

• 6. Within three months of the date of this planning approval a scheme detailing how the application site will be left in the event of the horticultural nursery closing must be submitted to and agreed in writing by the Planning Authority. Thereafter, in the event of the horticultural nursery closing the agreed scheme shall be duly implemented.

Reason: The buildings and use have been exceptionally approved solely to meet horticultural needs and its subsequent retention would result in an unwarranted intrusion in the countryside.

This approval relates to the submitted documents and drawings reference numbers LEZ.YG1, LEZ.YG2, LEZ.YG3, LEZ.YG4, LEZ.YG5 and LEZ.YG6 all received on 24th January 2019.

Conditions 2,3,4 relate to plans approved under application 12/01692/B

NOTE For the avoidance of doubt the applicants are advised any alterations to existing buildings and/or change to their siting, layouts, changes within the site, any new buildings/hardstanding or change of use etc. are likely to require planning approval and they are strongly advised to discuss such proposal with the Planning Department before undertaking the unlawful works. The applicant is also advised that the erection of signage for the horticultural nursery may require advertisement consent prior to its erection. Should any signage be proposed it is recommended that advice is sought from the Department.

Date of Issue: 22nd July 2019

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

All correspondence which led to the assessment and decision is 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 This decision refers only to that applied for 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 current Fees Order;
•  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.