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Mr Tony Lloyd-Davies 79 Parliament Street Ramsey IM8 1AQ
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 Ms Julia Vaneslow, Ref 24/00397/B, for the Conversion of existing garage to kennels and change of use of part field for dog exercise. at Rose Cottage And Part Field 231758 Barregarrow Kirk Michael Isle Of Man IM6 1AX .
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 site is not designated for development, and the expansion of the residential curtilage would represent unauthorized development in the countryside, contrary to Environment Policy 1 of the Strategic Plan.
Reason: This permission is granted exceptionally, and the Department wishes to have the opportunity of exercising control over any subsequent use in the event of the applicant ceasing the use hereby permitted.
Reason: The Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted, and in the interest of the amenities of the residents of neighbouring dwellings.
Reason: To reduce the potential for noise disturbance from barking and ensure that the operation remains manageable and professional, minimizing the impact on nearby residents.
The surfacing of the first 6m of the access from the adopted highway must be in a bound and consolidated surface such that no material is tracked onto the public highway.
Reason: To ensure that sufficient provision is made for off-street parking in the interests of highway safety.
Reason: To ensure safe access to the site and prevent potential traffic hazards at the crossroads, enhancing overall safety for both residents and visitors.
Reason: The Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.
Reason: To prevent any adverse impact on the environment and nearby properties, in accordance with Environment Policy 2.
Reason: To avoid adverse ecological impacts on nocturnal wildlife, particularly bats, and to ensure that external lighting does not negatively affect the surrounding biodiversity.
This decision relates to following documents and plans:
This decision has been made for the following reasons(s) While the proposed conversion of the garage to a kennel does not fully comply with Environment Policy 16, particularly regarding the requirement for the building to be of historic, architectural, or social interest, it aligns with broader aims of rural economic diversification. The existing garage is structurally sound and can accommodate the new use without significant alterations, supporting small-scale commercial activity in the countryside. The rural setting is appropriate for the kennel, providing necessary space and isolation to mitigate noise impacts and ensure animal welfare. Measures such as the retention of the mature landscaping on the boundary (as sound buffers) and waste disposal plan address potential noise and environmental concerns, ensuring the development does not adversely affect nearby properties or the countryside setting. The proposal's limited scale means it will not disperse activity in a way that prejudices the vitality of town and village services, offering a growth opportunity for a small rural business. Therefore, despite not meeting all criteria of Environment Policy 16, the proposal aligns with General Policy 3, particularly paragraph (h), by utilizing existing structures and site in a manner that supports the interpretation of the countryside and its wildlife, without adverse impacts on the landscape or wider environment.
Date of Issue: 16th April 2025
Guidance Note This decision was made by the Planning Committee in accordance with the authority delegated to it. 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 informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/online-applications/)
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 £355); 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 £130). 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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