DEC Decision Notice

Mr Ian David Comish Ballaglea Cottage Ballamodha Staight Ballasalla Ballasalla IM9 3AZ

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 Mr Ian David Comish, Ref 21/00087/B, for the Construction of a detached home office cabin at Ballaglea Cottage Ballamodha Straight Ballamodha Ballasalla Isle Of Man IM9 3AZ.

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. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

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.

• 2. Prior to the erection of the office, there must be approved by the Department a scheme of planting around the proposed building to reduce its visual impact from view from the surrounding public highway. The approved planting must be introduced no later than the first planting season following the erection of the building and maintained as such thereafter.

Reason: to ensure that the proposed development has an acceptable impact on the countryside in accordance with Environment Policy 1 of the Strategic Plan.

• 3. The building hereby approved may be used only for purposes of a home office for the occupants of Ballaglea Cottage as defined in the submitted plans and where there are no staff working in the building who are not resident in the application site nor any clients visiting the premises. Alternatively the building may be used as a garden shed or summer house in association with the occupation of Ballaglea Cottage as a dwelling.

Reason: to ensure that there is no commercial use of the approved building which is not located in an area designated for such purposes.

This decision relates to drawings DC120121 Sheet 2C and DC120121 Sheet 1C both received on 2nd February, 2021.

This decision has been made for the following reasons(s) Whilst the site is not designated for development, there are Permitted Development rights which could allow a building here which could have a similar visual impact. As there will be additional planting, it is considered that the proposed building will not have any adverse visual impact on the landscape, thus complying with Environment Policy 1 of the Strategic Plan and the Area Plan for the South. The ability for the applicant to work from home will support the sustainable objectives of the Strategic Plan including reducing the need to travel especially by private car.

Date of Issue: 18th March 2021

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 £285); 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 £100). 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 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.