Appeal Decision Notice PA07/1282/B

Dear Sir/Madam,

ON APPEAL: PA07/1282/B – Mr. P. A. Willers – Erection of an agricultural building, Ballagawne Farm, Ballagawne Road, Lonan

I refer to the recent appeal hearing in respect of the above planning application.

In accordance with the provisions of the Town and Country Planning (Development Procedure) Order 2005, I am enclosing herewith a copy of the report of the person appointed to hear this appeal.

I am directed to advise that Mr. G. D. Cregeen, MHK, who has been appointed under article 8(6) of the above Order to act as deputy to the Minister for Infrastructure in relation to planning appeals, has considered the report, concurs generally with the appointed person's conclusions, and accepts the recommendation that the appeal should be allowed. He has therefore directed that the Planning Committee's decision to refuse permission should be reversed, and that approval should be granted, broadly in accordance with the conditions listed in paragraph 30 of the report. In so doing, the Deputy Minister has noted in particular that –

(a) the appointed person concluded that there would be only a restricted view of the building "while the high trees and roadside hedge remain along the field frontage"; in these circumstances, he has directed that there should be a condition controlling the retention of the trees and the hedge;

(b) since the only outstanding issue is the straightforward matter of the colour of the corrugated sheeting, there should be no need to require the submission of a "reserved matters" application as would be required by the conditions set out in paragraph 30 of the report; rather, he has directed that a simple condition requiring submission and approval of details of the sheeting will suffice; and that

(c) the appointed person recommended that there should be a limitation on the use of the building; he therefore supports the imposition of an appropriate condition in this respect.

Continued overleaf/...

Formal notice of this decision is enclosed herewith. Yours faithfully,

I. T. Thompson, Chief Executive.

Please see over for circulation list/...

1. Mr. P. A. Willers, Ballagawne Farm, Ballagawne Road, Baldrine, IM4 6EP;
2. Lonan Parish Commissioners, New Road, Laxey;
3. Highways & Traffic Division, DOI, Sea Terminal Buildings;
4. Secretary, Planning Committee;
5. Chairman and Members of the Planning Committee;
6. Secretary, Planning Appeals Inspectorate;
7. Mr. T. O'Hanlon, Treasury;
8. The Editor, Isle of Man Newspapers, Peel Road, Douglas;
9. Manx Radio Newsroom, Douglas Head, Douglas;
10. Mrs. J. Clague, St. Nicholas House, Breeze Hill, Laxey, IM4 7DL;
11. Radio 3FM, 45 Victoria Street, Douglas, IM1 3RS;
12. Energy FM, 100 Market Street, Douglas, IM1 1PH;
13. The Manx Herald, Seacliffe, Old Castletown Road, Ballaveare, Braddan. IM4 1BB.

The Town And Country Planning Act 1999

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The Town And Country Planning (Development Procedure) Order 2005

TO: Mr. P. A. Willers, Ballagawne Farm, Ballagawne Road, Baldrine, Isle of Man, IM4 6EP.

[Copies as per Circulation List]

In pursuance of his powers under the above Act and Order, the DEPUTY MINISTER for Infrastructure, following report by the appointed person, does hereby APPROVE the application by you for the erection of an agricultural building, Ballagawne Farm, Ballagawne Road, Lonan, subject to compliance with the following conditions:-

1. Prior to the commencement of any development on site, there must be submitted to and approved in writing by the Planning Authority details of the colour of the corrugated sheeting to be used on the walls and roof; the development must be carried out in accordance with the approved details.
2. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
3. The northern gable wall of the building shall not be further from the road than 20 metres, and the eastern side of the building shall not be further from the centre line of the boundary between the field and the farmyard than 15 metres.
4. Subject to the other conditions of this approval, the development hereby approved shall be completed in accordance with the submitted drawings numbered Plan 1, Plan 2, and Plan 3, and date-stamped 9th July 2007.
5. The development hereby approved shall be used for the storage of hay, fodder, and agricultural machines for use on the agricultural holding and for no other purpose.
6. The existing trees and roadside hedge along the field frontage may not be removed without the prior written consent of the Department.

Dated this 30th day of September 2010.

Murray House, Mount Havelock, Douglas, Isle of Man.

By Order of the Deputy Minister

I. T. Thompson, Chief Executive

Please see overleaf for notes/...

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, byelaw, order or regulation.

Note 2: A copy of the report of the appointed person is appended hereto.