DEC Decision Notice

Mr & Mrs T Roberts Swallows Rest Gibdale Farm Bayrauyr Road St Marks Ballasalla Isle Of Man IM9 3AT

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 Mr & Mrs T Roberts, Ref 20/00473/B, for the Variation of condition 4 of PA 09/00703/B to remove agricultural tie at Swallows Rest Gibdale Farm Bayrauyr Road St Marks Ballasalla Isle Of Man IM9 3AT for the following reason(s):

1. The proposal would result in the loss of an agricultural dwelling on land which could be used for agriculture and there remains insufficient evidence to demonstrate a lack of need for the original occupancy condition to be removed from the site. The proposal therefore does not accord with the exceptions to the presumption against residential development in the countryside set out in General Policy 3, Environment Policy 15, Housing Policies 7-10 in particular Housing Policy 8 and paragraph 8.9.4, of the Isle of Man Strategic Plan 2016.

Date of Issue: 13th August 2020

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.

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.