DEC Decision Notice

Miss Hayley Allwright Unit 4/5 Corkills Garage 1 Main road Onchan IM3 1BA

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 subordinate Orders and Regulations, the Department of Environment, Food and Agriculture determined to REFUSE an application by Miss Hayley Allwright, Ref 23/00171/B, for the Erection of agricultural building at Section 1 Field 321821 Ballanicholas Garth Crosby Isle Of Man for the following reason(s):

• 1. The proposed development is unacceptable in principle because it involves the erection of a substantial structure for a business use in the countryside unconnected with agriculture, horticulture or forestry operations. As such, the proposed development would be contrary to the provisions of Environment Policy 1 which seeks to protect the countryside from unwarranted development; and, General Policy 3 (f) which sets out exceptions to development in the countryside including operations essential for conduct of agriculture, both of which are contained in the Isle of Man Strategic Plan (2016).
• 2. The proposed development is unacceptable because it involves the erection of a substantial structure for a business use in the countryside unconnected with agriculture, horticulture or forestry operations. The proposed building, whilst resembling an agricultural building, would be located in an ecologically sensitive, isolated position in the countryside unrelated to any existing agricultural development or buildings. This would render it visually intrusive and harmful to the rural character and appearance of the site which and its surroundings. This would be contrary to the provisions of:

• o Environment Policy 1 which seeks to protect the countryside from unwarranted development; and, General Policy 2 (b) and (c) which seek to control development which respects the site and surroundings and does not adversely affect the character of the surrounding landscape; and,
• o Environment Policy E1 which seeks to protect the countryside and its ecology for its
• own sake unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas, particularly where this site is recognised as a good example of marshy grassland, a Manx priority habitat, with typically associated species such as Lady's Smock; and, which is increased by the adjacent areas of curragh (with standing water) and alder carr, an uncommon Manx habitat.; and,

o The provisions of Policy EP 21, which seeks to control new building in the countryside for (inter alia) the care of other animals which will not be permitted in the

countryside if they would be detrimental to the character and appearance of the countryside in terms of siting, design, size or finish.

• 3. The proposed development is unacceptable because the erection of a substantial structure for the dog walking and dog day care business in the countryside, which would be unconnected with agriculture, horticulture or forestry operations would invite additional vehicle movements along a single, unmade, poorly maintained farm track for approx. 500m in addition to those already experienced as part of the use of the field as a dog walking site. This would not reduce the number of journeys made by the applicant as the start and finish point for dog walking would remain the same and there would be no reduction in journeys. Traffic movements to and from the site would, therefore, remain the same as the dogs journey's to site would begin and end in Onchan as they presently do. This would be contrary to the provisions of Strategic Policy 10 (a) which seeks to minimise journeys, especially by private car; and, General Policy 2(h) which seeks to promote development where there is appropriate safe and convenient access for all highway users, both of which are contained in the Isle of Man Strategic Plan (2016).

Date of Issue: 6th June 2023

Director of Planning and Building Control

Guidance Note

This decision was made by a Principle 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.

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 £335); 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 £125).

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 (should one have been received) 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.