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Miss Tonia Brocklebank Ellan Shilley Barrule Road Foxdale IM43ES
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 Miss Tonia Brocklebank, Ref 22/00490/B, for the Erection of replacement detached workshop and storage of motor vehicles. at Ellan Shilley Barrule Road Foxdale Isle Of Man IM4 3ES.
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: The application has been assessed on this basis only and as a replacement structure in the interest of protecting the Island's countryside from unwarranted development.
Reason: In the interest of visual amenity and to avoid the accumulation of unwarranted structures across the countryside.
This approval relates to the following documents all date received 19/04/2022:
This approval also relates to an email from the applicant and attached plan showing the location of the power line both received 20/06/2022.
This decision has been made for the following reasons(s) By reason of it being a replacement structure, the proposal is considered to have an acceptable visual impact and to accord with the general principles of Environment Policy 1, Housing Policies 15 and 16 and to meet with the general standards set out in General Policy 2, and to be outside of the 9m from the high tension power cable as to meet with Energy Policy 2, and not to result in any new or increased harm beyond the existing arrangement on local ecology or habitats in line with Environment Policy 4.
Date of Issue: 2nd August 2022
Director of Planning and Building Control
Guidance Note
This decision was made by a Principal Planner in accordance with the authority delegated to them.
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 £305); 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 £115). 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.
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