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Hedley Planning Services Mr Sunny Howd Unit 3 Hexham Enterprise Hub Burn Lane Hexham NE46 3HY
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 Dr John Taylor OBE, Ref 23/01364/B, for the Proposed erection of three pole-mounted photovoltaic trackers with associated equipment, containers and parking (part retrospective) at Field 434112 Douglas Road Ballasalla Isle Of Man .
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 ensure that the installed equipment, which has a design life of 25 years, remains fit for purpose, and that any new equipment or time extension for the use of the facility for electricity generation is considered by DEFA Planning in the interests of technological change and visual amenity.
Reason: In order to protect the habitat of and minimise harm to any common lizards that may be found on the site.
Reason: To ensure that the development provide an acceptable external finish in the interests of visual amenity given the sites countryside location.
Reason: To define the purpose of the development given the sites countryside location in the interests of visual amenity.
Reason: To define the extent of the development given the sites countryside location in the interests of visual amenity.
Reason: To minimise the impact of the development on neighbours residential amenities and on Bats, Birds and any other Protected Species; and, to safeguard the rural character
and amenities of the area including minimising the impact of the development on the rural night sky.
The development should be carried out strictly in accordance with the following approved plans, documents and details:
Drawing No. 16 1206 PL2 - Rev. - A Plant Building Site Plan and Section - Received 22/3/24; Drawing No. 16 1206 RC 01 - Rev. A - Location Plan - Received 31/5/24;
all originally date stamped received on 14 December, 2023, unless otherwise indicated above.
This decision has been made for the following reasons(s) It is considered that the environmental benefits of the proposed scheme outweigh the limited identified harm to the countryside and as such the proposed three pole-mounted photovoltaic trackers with associated equipment, containers and parking would comply with the Energy Policy 4 and Environment Policy 2. In addition, it is considered that the proposed development would not result in an unacceptable level of harm to the residential amenities currently enjoyed by the occupants of the nearby dwelling at Arborfield. As such, it accords with the provisions of Policies ST1, ST2, ST3, ST4 c), ST5, SP5, GEN2, ENV1, ENV22, ENV23, T4, T7, and T10 in the Isle of Man Strategic Plan 2016.
Date of Issue: 16th July 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 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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