DEC Decision Notice

Rural Business Consultancy Ltd Mr C Kneale Ballachristory Jurby IM7 3HD

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 Mr Philip Cringle & Miss Ashley Bradshaw, Ref 19/01077/A, for the Approval in principle for the erection of an agricultural workers dwelling addressing means of access at Field 425318 The Friary Main Road Ballabeg Castletown Isle Of Man subject to compliance with the following condition(s) and notes (if any):

• 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.

• 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
• 3. Approval of the details of access including visibility splays, swept paths (to demonstrate that emerging vehicles can access the A7 safely) and surfacing, siting, design, external appearance of the building[s], internal layout, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.

Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.

• 4. The modifications to the existing access, notably reducing the height of the gate pillars and hedge to no higher than 1m as measured above carriageway level, for 22m to the north west of the entrance and for 48m to the south east, must be implemented prior to the commencement of any construction works associated with this approval. The lowered hedging must be retained as such thereafter. The details of the access submitted in the reserved matters application must also demonstrate that vehicles can exit the site approaching the A7 perpendicular to the highway. Reason: in the interests of highway safety.

• 5. The occupation of the dwelling hereby approved shall be limited to a person engaged or last engaged solely in agriculture on the Isle of Man, or a widow or widower of such a person, or any resident dependants.

Reason: The site is in an area where new dwellings are not normally approved except where an agricultural need has been established and accepted by the Department.

• 6. The reserved matters application must include full details of a landscaping scheme to establish the curtilage of the new dwelling. Such landscaping should also seek to mitigate the visual impact of the new dwelling and should incorporate hedging and planting as boundary features rather than walling and fencing. Reason: to protect the character and appearance of the area.
• 7. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.

• 8. Once constructed, if the dwelling is no longer required or occupied by persons engaged in agriculture, as required by condition 5 above, it must be demolished and the ground returned to part of the surrounding fields.

Reason: an exception to the general presumption against development is being made on the basis of agricultural need and should that need no longer be present, there is no justification for the dwelling and it should be removed.

This approval relates to the drawings all received on 25th September, 2019.

Date of Issue: 19th November 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.