Decision Notice

KNR Construction Limited 19 Westminster Terrace Douglas IM1 4EE

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 KNR Construction Limited, Ref 24/91312/B, for the Change of use of building for storage of equipment and tools and vehicle workshop; alterations including installation of roller shutter door and creation of hardstanding for parking of work vehicles (retrospective) at Ballachrink Farm Ballanicholas Garth Cosby Isle Of Man IM4 2HD .

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).

• 1. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the building outlined in red on the approved plans shall not be used other than for the storage of equipment, tools and materials; and for no other purpose in Class 2.4 of Part 2 of the Order at any time.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration.

• 2. The use hereby approved relates only to the use of the building annotated 'STORAGE' on the approved plans only and to the associated parking of one vehicle relating to the approved use within the hardstanding area within the red line.

Reason: The development hereby approved is only acceptable in this location because of the small scale nature of the building and operation.

• 3. With exception to the parking of an associated vehicle on the approved hardstanding area, there shall be no external storage of any equipment, tools or materials unless otherwise agreed in writing by the Department. Reason: To protect the amenities of adjoining land users and reduce spread of any operations.
• 4. No customers are permitted to the site at any time.

• Reason: The application has been assessed on this basis only.
• 5. Should the approved use cease for a period of 6 months or more, the site outlined in red shall revert to agriculture with immediate effect.

Reason: the application has been approved on an exceptional basis and if the use ceases the site shall be reverted to agriculture to avoid the accumulation of unwarranted development in the countryside.

• 6. There shall be no external lighting at the site. Reason: For the avoidance of doubt and to ensure no harm to the dark skies. This approval relates to the following all date stamped and received 15/11/2024:

• o Planning statement
• o Location plan
• o Existing site plan
• o Proposed site plan
• o Existing Floor plan
• o Proposed Floor Plan
• o Before and After elevation
• o Roller Shutter Door Spec
• o Aerials 2021 and 2024
• o 5 x Site Photographs

NOTE The applicant is reminded of their separate obligations under the Highways Act 1986 in respect of not allowing surface water runoff into the highway.

This decision has been made for the following reasons(s) New development should be directed to town or village centres and designated land, though some rural buildings may be repurposed for tourism or small-scale commercial uses under Environment Policy 16 and this can help in providing extra income for farms. While this building lacks merit under EP16b, it remains intact and the proposed use requires no extension, meeting EP16(a) and (c). The building's small size and small scale of operation do not cause significant traffic issues or affect town vitality, in line with EP16(d) and (e) and Transport Policy 4, and this small size and scale means the proposal doesn't adversely harm the agricultural character of the site or surrounding countryside to an unacceptable degree, meeting EP16(f) and Environment Policy 1. Parking on the rear hardstanding does not impact agricultural land per Environment Policy 14, nor harm surrounding farming operations or the wider landscape. Conditions will restrict use and ensure the site returns to agriculture if the use ceases.

Date of Issue: 9th April 2025

J CHANCE Director of Planning and Building Control

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/onlineapplications/)

Implementation A determination to grant planning approval does not have effect —

if an appeal is submitted until the appeal is determined or withdrawn; or

if no appeal is submitted, but there are potential appellants in addition to the applicant, until the time within which an appeal may be submitted has expired (21 days from the date of this notice).

Development must be carried out in accordance with the approved plans and any attached conditions (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 can only be made by a person who has been accorded rights to do so, must be in writing, include the appropriate fee and be submitted to the Department within 21 days of the date of this Notice.

Guidance on how to appeal is available at gov.im/howtoappeal