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Penketh - Millar 23 West Quay Ramsey Isle Of Man IM8 1DL
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 Paul Carey & Sons Ltd, Ref 22/00449/B, for the Erection of detached portal frame building to provide Workshop space. at Ballasalla Farm Coast Road Jurby Isle Of Man IM7 3AS .
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: To provide suitable accommodation for bats and in respect of any outdoor lighting, to ensure that any impacts on Protected Species such as Bats are minimised, in accordance with the requirements of the Wildlife Act 1990 and Environment Policies 4 and 5 in the Adopted Isle of Man Strategic Plan 2016; and, to protect the quality and character of the rural night sky from any unnecessary light-spill.
landscaping scheme shall include details of all planting and sowing, including size, species and numbers of trees and plants, ground preparation, management and maintenance. All planting, seeding, and earth works comprised in the approved details of landscaping shall be carried out in the first planting and season (November - March) following the substantial completion of the development whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.
Reason: In the interests of visual amenity and to secure a high quality form of development that would readily assimilate into its surroundings.
Reason: To ensure that high quality materials are used for the workshop building which reflect and preserve the character and appearance of the existing workshop on the site and impart a high quality finish in the interests of visual amenity.
Reason: To ensure that adequate provision is made in order to provide a suitable habitat for breeding birds as part of the approved development. This accords with the provisions of Policy ENV5 of the Isle of Man Strategic Plan, 2016.
Reason: The building has been exceptionally approved solely to meet an identified Industrial/Engineering need and its subsequent retention would result in an unwarranted intrusion in the countryside.
The development shall be carried out in accordance with the following approved plans and documents:
Application forms; Planning Statement; and, site photographs - Date stamped received 12th April, 2022;
Drawing No. 21 1611 01 Rev. A - comprising the Site Location Plan; Site Plan; Workshop Proposed Ground Floor Plan; and, Proposed Elevations - Date stamped received on 15th November, 2024;
Certificate of Lawful Use or Development dated 19th July, 2024, for application Ref: 24/00548/LAW including a site plan @ scale 1:1,006 indicating the site edged red subject of the Approved Certificate of Lawful Use or Development - Date stamped received 15th November, 2024;
This decision has been made for the following reasons(s) The proposed development is acceptable. It proposes an expansion of the existing Lawful engineering works on what is now industrial land. The nature of the business operating from the site also has a connection with agriculture in that it provides services for the servicing, maintenance, and repair of agricultural plant and machinery, as well as for its own civil engineering plant and machinery, which it is lawfully allowed to do from this site. Furthermore, whilst they presence of the new workshop building in this location would be harmful to the character of the site and surroundings given that the site is located within an Area of High Landscape or Coastal Value and Scenic Significance (AHLV), it is considered that the presence of the existing lawful industrial operation on the site, and the benefits offered by the proposed development to the economy of this part of the Island outweighs any such harm. The application accords with the relevant planning policies outlined in the Isle of Man Strategic Plan 2016, namely, the provisions of General Policy 2 b) and c); General Policy 3 f); and, Environment Policies 1, 2 and 15 in the Isle of Man Strategic Plan 2016. It is, therefore, recommended that the planning application be approved.
Date of Issue: 28th November 2024
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/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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