Decision Notice

Isle of Man Planning Scheme (Development Plan) Order 1982

Mr P Allanson Dreem Faaie Main Road St Johns In pursuance of powers granted under the above Acts and Order the Department of Local Government and the Environment does hereby APPROVE the application made by you

Proposal: Creation of wholesale and retail nursery at: Dreem Faaie \& Fields 2865, 2928 \& 2929 Ballacraine St. Johns Douglas which was considered on 9 November 2001, subject to the compliance with the conditions or modifications specified on the attached schedule.

Date of Issue: 1316 December, 2001 Murray House Mount Havelock Douglas Isle of Man

Note 1: This permission refers only to that required under the Town and Country Planning Acts and does not include any consent or approval under any other enactment, bylaw, order or regulation.

Note 2: No works may be commenced until such time as -

• the time for requesting an appeal in relation to the decision has expired; or
• any appeal has been completed.

Note 3: Rights of the appeal against the decision of the planning committee are attached.

Note 4:An appeal must be requested within a period of 21 days.

Schedule Of Conditions

Application Ref No: 01/00004/B On Review

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. No development may commence until there has been approved by the Planning Authority, a scheme of landscaping which includes;

(a) a drawing indicating the trees to be removed during the works to the access (b) a drawing clearly showing the position and number of replacement trees and shrubs (c) a timetable in respect of the landscaping works to be undertaken which should be carried out in the first planting and seeding seasons following the completion of the development. (d) an elevational drawing of the new boundary wall including details of its height along its entire length. The wall must be constructed of traditionally laid stone. (e) a drawing of the gate design or alternatively a photograph with details of its dimensions.

Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

1. The access alterations and sight splays as proposed must be completed within 6 months of the date that the landscaping scheme is approved.
2. The existing containers, trailer(s) and any other moveable or temporary or container type structures on the site must be removed in their entirety from the site within 2 months of the date of the erection of any of the proposed polytunnels/growing tunnels or the storage shed, whichever first occurs.
3. No other moveable or temporary structures and/or storage facilities are permitted to be placed on site at any time in the future.
4. Sales from the nursery must be restricted to the retail and wholesale sale of produce grown or matured on site.
5. No items for sale shall be displayed in the parking area described as 'existing parking' on plan number SC408-P-10A. There must also be no external storage of materials in this area. The area must be kept clear for the parking and manoeuvring of vehicles at all times.
6. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 1983 (or any Order revoking or re-enacting that Order) no greenhouses, walls, gates, fences, garden sheds, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval.)
7. The area defined on drawing no. SC408-P-10A as "area left for additional parking" must not be used for the parking of vehicles at any time.

NOTE: Any future proposal to use this area for additional parking, must form the subject of a new planning application.

1. Artificial lighting must not be used in the polytunnels at any time.
2. There must be no discharge of surface water to the main foul sewer.
3. No advertisement matter of any description shall be exhibited on these premises, apart from the 2 existing signs at the entrance, without PRIOR planning approval from the Planning Authority.

Isle of Man Planning Scheme (Development Plan) Order 1982

Savage \& Chadwick<br>Merchants House<br>24 North Quay<br>Douglas

In pursuance of powers granted under the above Acts and Order the Department of Local Government and the Environment does hereby APPROVE the application made by you on behalf of: Mr P Allanson

Proposal: $\quad$	Creation of wholesale and retail nursery
Drzem Faaie \& Fields 2865, 2928 \&2929
Ballacraine
St. Johns
Douglas

which was considered on 27 July 2001, subject to the compliance with the conditions or modifications specified on the attached schedule.

Date of Issue: $\quad 27$ August, 2001 Murray House Mount Havelock Douglas Isle of Man

Note 1: This permission refers only to that required under the Town and Country Planning Acts and does not include any consent or approval under any other enactment, bylaw, order or regulation.

Note 2: No works may be commenced until such time as -

• the time for requesting a review of the initial decision has expired; or
• any review of the initial decision has been completed; or
• the time for requesting an appeal in relation to the decision has expired; or
• any appeal has been completed.

Note 3: Rights of the review of the decision are attached.

Schedule Of Conditions

Application Ref No: 01/00004/B

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. No development may commence until there has been approved by the Planning Authority a scheme of landscaping which includes:

a) details of the trees to be removed during the works to the access; b) details of all of the new replacement trees; c) details of the new boundary wall including its height and finish which must be traditionally laid stone; (Note it is recommended that the stone from the existing wall should be reused). d) the gateway design; and e) other screen planting proposed within the site.

1. The access alterations and sight splays as proposed must be completed within 3 months of the date that the above landscaping scheme is approved.
2. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
3. The existing container trailer(s) and any other trailers on the site must be removed in their entirety from the site within 2 weeks of the date that the proposed polytunnels or storage shed are erected, whichever is the sooner.
4. No other container trailers are permitted to be placed on the site at any time in the future.
5. Further details of the polytunnels i.e. their colour and material must be submitted to and approved by the Planning Authority prior to the commencement of works.
6. Sales from the nursery must be restricted to retail sales in respect of produce grown or matured on the site.
7. No items for sale can be displayed in the parking area described as 'existing parking' on plan number SC408-P-10. There must also be no external storage of materials in this area. The area must be kept clear for the parking and manoeuvring of vehicles at all times.
8. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 1983 (or any Order revoking or re-enacting that Order) no greenhouses, walls, gates, fences, garden sheds, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this permission.)

1. This approval does not grant or imply approval for the additional parking area as defined and shown on Drawing Number SC408-P-10 Rev A and should not be used for the parking of vehicles at any time.
2. Artificial lighting must not be used in the polytunnels at any time.
3. There must be no discharge of surface water to the main foul sewer.
4. No advertisement matter of any description shall be exhibited on these premises without the PRIOR written permission of the Planning Authority.

NOTE The nature conservation value of, or Ancient Monument at, Port y Candiss must not be compromised by any surface water run-off from the development to the satisfaction of Manx Heritage.

NOTE This decision was made by the Planning Committee constituted in accordance with Paragraph 2 of Schedule 1 of the Isle of Man Planning Scheme (Development Plan) Order 1982.

PA 01 / 0004. Mr. Auerbach.

The site relates to "Green Faare," Main Road at Johns. It is situated to the south of the highway and comprises the main house and a no. of fields which extend south below the level of the road.

Planning Motley:

99/1325 - Creation of wholesale & retail nursery, alterations to vehicles, access and erection of associated buildings - Revised at Appeal 5/10/00 (ministerial decision contrary to recommendation).

99/634 1635 - Same as above but not pursued after initial refusal.

The new proposal:

1. The site as outlined has been reduced in age to only now relate to the fields to the rear of the house.

1. No. of polyhunlets reduced from 7 to 4.

1. Storage building used to end of garage (within cuintage) Greenhouse omitted.

1. Parking restricted to existing close to the road, but larger ones to the south still outlined for "future" use if required.

1. Road authorities remain the same

50m x 2.5m oplay - access pants removed from 2 to 1.

1. Storage building removed in age (length)

but made slightly taller. 13.8 x 6 x 5.7 in height. However, due to grand level behind the existing garage, the proposed building would be lower than the garage's ridge level.

1. 4 hnnels - 25m in length, 2m in height -

previously 21.5m (6), 1 was 25m.

1. The 4 hnnels are proposed slightly higher

worth than the previous application but they do not extend beyond the existing hedge (possibly proposed hedge).

Assessment:

The nursery has been laudably established; this was agreed at the last Appeal. Thenetone, there is no conflict with Policy OS/PI/1 of the St John's local plan.

The Inspector highlighted a no. of other relevant pants:

1. Herhcultural + agricultural uses require

working facilities including buildings if they are to hnchon efficiently.

1. The decision will rest on the effect of

the proposals on the openness of the site

Sowhely views over the site from Regel Rd and the effect on the character of a specdance of the road & the area in general.

1. The trees on the boundaries provide abstonhal

screening. Views are already limited from Reel Rd.

1. The storage building would be sited below the

level of the road reducing its perceived height.

1. Polyhnnels & b would not be usable i.e.

behind the house as is now proposed.

It was concluded that "the proposed Strichines would have v. little impact on the sowhely views over the site from Reel Rd or neighbouring houses."

1. Highway changes "no adverse traffic impact."

The improved access would have little effect on the character & appearance of the road or area generally.

1. The buildings would have little effect on

the gap between Bollocrane & St Salins. Conditions were suggested to ensure improvements to the site.

HOWEVER -

This was archined by the nuncts.

Refusal was based on,

• The Inspector had given insufficient weight to the policies of the plan.
• Relied over much on the screening effect of the roadside hoses & bushes.
• Not appreciated fully the significance & importance of 35 Johns to the Men's Nation & international community.

It was also felt that the Inspectors were contractually in agreeing that 'clubs' should be remodeled but nevertheless gave approval for a no. of other omissions.

General assessment:

The facts are met:

• Mr. Amanson can legally operate a nursery from Miss Ole.
• The mobile omissions are likely to remain and reduce the appearance and character of the area.
• The access is difficult to enter and leave from and could be considered to be unsafe with limited visibility.

A serious attempt has been made to address concerns of the Minister - screening may not necessarily be only in summer and the existing bushes & proposed could ensure effective screening all year.

Whilst St John is important to the men's. Machen, the existence of noble shvahres, pots of vans/larries etc., does little to enhance his importance and itself, diminishes the character of the area.

Whilst he policies of the plan are certainly material in any decision, there can be perished times when they can be complied with with careful siting of buildings and appropriate landscaping.

I would argue that only part of the site is to be 'developed' i.e. erection of 4 hinnels and a storage building (which does indeed fall within the arthropod of the site), uninterested news of the southerly aspect from Perel Road are already blunted, he proposed level of development would not make this any worse.

The access changes would impact on Perel Road but could be adequately finished + designed so as to minimise the impact and soften the change in road width. Sately would also be improved for traffic.

All in all, it has to be accepted that the nursery may well remain for the foreseeable future. The scale of development has been reduced compared to 99/1325; the access changes remain the same but couldn't be said to conflict with the policies of the local plan (as/pil + as/pic). There are sufficient alternatives for this proposal to be accepted and considered even despite the Minister's decision. I judge that there are insufficient newsons to now warrant an rebrand.

Views Aghwayo - ak. Commissioners - none. ADCO - support Moi Ballaccione Cablages - Jones - concerned about external shortage etc. Tickle - Sunnyhill - ak. Philips, 'The willows' - ak - trouble! Should be removed, no lighthyp at night. Object to car park extension. Nighes - Greenacres - confused - think a 'nursery' is illegal operation - mostly concerned with the road. Drainage - sw.

Application No: 010004	Page of
Planning Report and Recommendations
General Report	Site Visited YES / NO
	Signed
Dated
Summary of objections/views
Recommendations	Approve/Refuse
	Signed
Dated

Application No: 010004	Page of
Views Expressed - Name	Invite	Inform
84C (for App) am	☑	☑
German Comm	☑	☑
DOT (Highways)	☑	☑
DOT (Drachage)	☑	☑
R & J Jones	☑	☑
RY & J Hughes	☑	☑
WT & J Tickle	☑	☑
Mr & Mrs Phillips	☑	☑
ADCO	☑	☑
Party list assessed in relation to 99/00634
11. 635
14

THE TOWN AND COUNTRY PLANNING ACTS 1934 TO 1981 DELEGATION OF FUNCTIONS TO DIRECTOR OF PLANNING EFFECTIVE 1ST JULY 1997

PLANNING APPLICATION NO: 010004

Planning Officer's completed report and recommendation on file YES/NO I endorse the recommendations of the Planning Officer YES/NO If "NO" please state reasons and changes made (continue overleaf if required) Decision and date recorded on file cover YES/NO I confirm that this decision accords with Government Circular No. 24/97 (Delegation of Functions to Director of Planning) YES/NO

Signed W B Vannan, Director of Planning

Date

Comment - Secretary/Deputy Secretary

Signed W B Vannan, Director of Planning

Date