PA09/0470/R Appeal Decision Notice

Department of Local Government and the Environment

Rheynn Reiltys Ynnydagh as y Chymmyltaght

Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Tel: (01624) 685859 Fax: (01624) 685945 E-mail: [email protected] Chief Executive K. A. Kinrade

Please reply to the Chief Executive

Our ref: KAK/AJC 21st October 2009

Dear Sir/Madam

ON APPEAL: PA09/0470/R – Trade Distribution Ltd – Change of use of land for temporary storage of excess aggregate at Field 312335, Staarvey Road, Peel, Isle of Man.

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.

The Minister has considered the report, concurs with the appointed person’s conclusions, and accepts the recommendation that the appeal should be allowed. Accordingly, he has directed that the refusal of the application under Article 6 of the Town and Country Planning (Development Procedure) Order 2005 should be reversed, and that approval should be granted, albeit for only a temporary period. The extent of this period has been clarified insofar as it relates to planning application PA09/01425, which has yet to be determined. Formal notice of this decision is attached.

Yours faithfully Chief Executive Please see over for circulation list/...

1. Trade Distribution Ltd, Distribution Centre, Kewaigue, Braddan, IM2 1QG,
2. German Parish Commissioners, The Clerk to the Commissioners, 20 Westbourne Road, Ramsey, IM8 2EP,
3. J S Prescott, Minerva Cottage, Tynwald Mills, St Johns, IM4 3AF,
4. Ms K Gibson, Shenvalla, Glen Maye Road, Patrick Village, IM5 3AP,
5. Highways & Traffic Division, DOT, Sea Terminal Buildings
6. Secretary, Planning Committee;
7. Chairman and Members of the Planning Committee;
8. Secretary, Planning Appeals Inspectorate;
9. Mr. T. O'Hanlon, Treasury;
10. The Editor, Isle of Man Newspapers, Peel Road, Douglas;
11. Manx Radio Newsroom, Douglas Head, Douglas;
12. Mrs. J. Clague, 6 Thomas Keig Road, Johnny Watterson's Lane, Douglas;
13. Radio 3FM, 45 Victoria Street, Douglas, IM1 3RS;
14. Energy FM, 100 Market Street, Douglas, IM1 1PH;
15. The Manx Herald, Seacliffe, Old Castletown Road, Ballaveare, Braddan. IM4 1BB.

The Town And Country Planning Act 1999

The Town And Country Planning (Development Procedure) Order 2005

TO: Trade Distribution Ltd Distribution Centre Kewaigue Braddan IM2 1QG

[Copies as per Circulation List]

In pursuance of his powers under the above Act and Order, the MINISTER for Local Government and the Environment, following report by the appointed person, does hereby APPROVE the application by you for the change of use of land for the temporary storage of excess aggregate at Field 312335, Staarvey Road, Peel, subject to compliance with the following conditions:-

1. This decision relates to the location and site plans dated 9 March 2009.
2. All the stone shall be removed from the site, and the land shall be restored to agricultural use and covered with top soil and grass seed before either

(a) 30th November 2009; or (b) if final planning approval is granted to PA09/01425 before 30th November 2009, one month before the completion date for the landscaping scheme so approved.

1. If stone is to be stored on the site after the 30 November 2009 because of the approval of PA09/01425 the height of the stone shall not exceed 1.5m above the level of the adjacent land.

Dated this 21st day of October 2009

By Order of the Minister

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

Chief Executive

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.