DEC Decision Notice

Cabinet Office

Third Floor Government Office

DOUGLAS Isle of Man IM1 3PN

Tel (01624) 685280 Email: [email protected]

CSO Copy Letter Our Ref: DF21/0003 Planning Application Ref. No: 21/00792/C Dear Sir/Madam, THE TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

Applicant:	Mr James Middleton
Proposal:	Change of use of existing offices to tea rooms and change of use of office and storage shed to a farm shop
Address	Knockaloe Farm, Patrick Village IM5 3AJ

The Planning Inspector appointed by the Council of Ministers has now considered the application and submitted his report in accordance with statute.

On the 18th November 2021, the Council of Ministers considered the recommendations of the Planning Inspector and determined to approve the application subject to the conditions specified below.

Mr Will Greenhow ACMA Chief Secretary

Date of Issue: 22nd November 2021

Conditions of Approval

• 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. The farm shop and tea room hereby approved shall be for the benefit of 'Knockaloe Farm' only and shall not be run independently of the farm.

Reason: To prevent the undesirable establishment of a more general retail or tea room use in this countryside location.

• 3. The extent of the farm shop shall not extend beyond the 34sq m area marked 'Proposed Farm Shop C' on drawing number 2435/PL01 Rev B, received 30th Sept 2021.

Reason: To prevent the undesirable spread or establishment of larger scale general retail use in this countryside location, harming rural amenity or established retail centres.

• 4. The extent of the agricultural and country farm supplies shop shall not extend beyond the 53.49sq m area marked 'Proposed Farm Shop D' on drawing number 2435/PL01 Rev B received 30th Sept 2021.

Reason: To prevent the undesirable spread or establishment of larger scale general retail use in this countryside location, harming rural amenity or established retail centres.

• 5. The goods sold from Farm Shop Area C hereby approved shall be sourced from produce solely grown or produced on the Isle of Man and/or seafood products caught off the Isle of Man or processed on the Isle of Man and any ancillary and complementary items to the use of the building as a farm shop or the history of the wider site.

Reason: The specific retail elements of this application have been assessed on an exception basis in this countryside location and any general retail items would need to be assessed as part ofa separate application.

• 6. The goods sold from Farm Shop D hereby approved shall be limited to agricultural and country farm supplies including seeds, gate and fencing materials, animal bedding and animal feed.

Reason: The specific retail elements of this application have been assessed as an exception in this countryside location and any general retail items would need to be assessed as part of a separate application.

• 7. Notwithstanding the provisions of Conditions 5 and 6, those parts of the building shown as Farm Shop C and Farm Shop D shall not be used for any other purpose within Class 1.1 of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification).

Reason: The specific retail elements of this application have been assessed as an exception in this countryside location. Any subsequent or general retail use would need to be assessed as part of a separate application.

• 8. No customers shall be served or remain in the tearoom or farm shop hereby approved outside of hours of 0800 to 2200 on any day. Reason: In the interests of neighbouring and public amenity.

Reasons for Approval

Approval is granted for the reasons referred to in Paragraphs 36 to 39 and Paragraphs 41 and 42 of the Inspector’s report.

In accordance with statute, please be advised that the decision of the Council of Ministers is binding and final.

All parties should note that there is no prescribed right of appeal relevant to the Council’s decision herein and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within 3 months.

Yours faithfully,

Andy Johnstone Planning Appeals Administrator On behalf of the Chief Secretary