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| Background | Page 2 |
| Planning Applications | Page 3 Appendix 1/2/3 |
| Land Ownership | Page 4 Appendix 4 |
| Supporting Correspondence Affidavits | Page 5 Appendix 5 |
| Dept. Food, Environment & Agriculture | Appendix 6 |
| Rates Correspondence – agricultural to non agricultural | Appendix 7 |
Island Tree Services was set up in 1982/83 by Gary, which later became Island Tree and Landscaping Services Limited. Gary undertook 3 years training in arboriculture at Merristwood College, Surrey.
The company provides all aspects of arboriculture and landscaping for both the private and public sector, working with several of the Isle of Man Government's Departments, and employs 6 full-time members of staff, engaging additional staff/students during the summer months.
Initially Gary lived at Glion Cottage, Hills Road, Bride. This was a property with no ground for vehicles, machinery, plants, the storage of timber or equipment associated with running a tree surgery business, and with no option of acquiring land within the vicinity.
The opportunity arose to acquire a parcel land, subject to planning permission, from which the business could be operated along with the provision of a dwelling house within the rural hamlet of The Dhoor.
Island Tree and Landscaping Services Limited continue to operate from Ballavilley, The Dhoor, which is the registered address for the company.
The barn is used to store and maintain equipment and vehicles associated with the business. An area of land is used for the storage of timber (wood), mulch (woodchippings) and materials used for landscaping. All plants are purchased from local nurseries, as this has proved to be more cost effective.
The dwelling house is surrounded by garden and the wooded area to the rear. The small paddocks and meadow promote wildlife.
In 1989 we made a planning application to build a house on a plot of land on Bolivia Farm with the intention of having not only a dwelling house, but a base for the business, Island Tree Services. Initially we were refused planning permission and took our case to Appeal. After explaining our intentions to the then Planning Committee Members, Mr. Gilbey, Mr. Leventhorpe and Mr Geoff Clark, Messrs Gilbey and Leventhorpe were happy to give us planning approval. However, Mr. Clark requested that we make a fresh planning application on the basis of "relocation of horticultural unit with required dwelling house".
In 1989, a planning application was submitted for:- "Approval in principle for the establishment of a horticultural unit with dwelling and outbuilding, part field 160, Bolivia Farm, Lezayre". Planning Application No. 89/1504. (Appendix 1)
In 1990, a planning application was submitted for:- "Erection of agricultural dwelling". Planning Application No. 90/1654. This application met with the request of Mr. Clark, Planning Officer. The planning application clearly stated the address and description of the site as being a 3 acre plot on field no. 160, Bolivia Farm. (Appendix 2)
Also in 1990, a planning application was submitted for:- "Erection of a $60 \mathrm{ft} \times 45 \mathrm{ft} \times 10 \mathrm{ft}$ high agricultural building". This application was for an agricultural-type barn in which to store equipment and vehicles in association with Island Tree and Landscaping Services. The planning application again clearly stated the description of the site as being a 3 acre plot on field no. 160, Bolivia Farm. (Appendix 3)
Appendix 4 : Land ownership from 1990 onwards is detailed and evidenced.
August, 1990 W. J. Cannell conveyed 3 acres, part of field 160, Bolivia Farm to Gary and Christine Wilson Field reference on Isle of Man Survey Mapping : 134033
November 1991 M. J. Cannell conveyed the remainder of field 160, Bolivia Farm to Gary and Christine Wilson Field reference on Isle of Man Survey Mapping : 134036/134034/134035 and 134037
November 2004 Exchange of part of field 160 with Elizabeth McMillin Field reference on Isle of Man Survey Mapping : 134037 For Woodland and meadow behind property "Ballavilley" Field reference on Isle of Man Survey Mapping : 134786
Total acreage at Ballavilley is approximately 8-9 acres.
1) Affidafits are provided at Appendix 5 to support the fact that in operating from Ballavilley, we have never been engaged in agriculture. 2) A letter from John Walmsley, Department of Environment, Food and Agriculture, Appendix 6, details his knowledge of Gary and the business, Island Tree and Landscaping Services. 3) Copies of correspondence to and from The Treasury in the year 2000, regarding the rating of the property "Ballavilley", are attached. The letter to The Treasury outlines the use of the land, which continues to this day, and The Treasury's response offers the reasons for their opinion that "the land to which the dwelling is attached has exhibited no material signs of the type of use required in order to establish or maintain an agricultural valuation on the dwelling as per the relevant rating legislation". As a result we have not paid agricultural rates for about 10 years.
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