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Mrs Kathleen Lowey Garey Hollin Ronague Arbory IM9 4HQ
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 Mrs Kathleen Lowey, Ref 24/00224/B, for the Erection of an extension to an existing agricultural building at Balladoole Farm Balladoole Castletown Isle Of Man IM9 4PQ .
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).
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.
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.
Reason: The buildings have been exceptionally approved solely to meet agricultural need and any subsequent retention including of any foundations would result in an unwarranted intrusion in the countryside.
Reason: For the avoidance of doubt and to ensure no harm to the dark skies
The development shall be carried out in accordance with the submitted drawings and details in the planning applciation dated 20 February, 2024, unless otherwise stated. Such details are:
Location Plan - Boundary of Farm complex edged red @ scale 1:3,000; Registered Buildings Plan - dated February, 1994, - with Registered Buildings outlined in red; Land Ownership Map @ scale 1:5,000, showing owned land edged blue and rented land edged red; Proposed Site Plan @Scale 1:500; Drawing No. P7195-01 - Plan and Elevations; Schedule of information required for planning permission for barns and/or further buildings or structures associated with agriculture;
This decision has been made for the following reasons(s) The application is considered to be acceptable in terms of the proposed agricultural use, its siting, scale, form and extent of development proposed in that it would have an acceptable impact on the character of the site and surroundings in this countryside location. It complies with the provisions of policies GP3 f), SP5, ENV1, ENV2, and ENV15 of the Strategic Plan and is, therefore, recommended for an approval.
Date of Issue: 24th July 2024
J CHANCE Director of Planning and Building Control
Guidance Note
This decision was made by a Principal Planner 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 £335); 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 £125). 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 (should one have been received) 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.
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