DEC Decision Notice

GCA Ltd Gail & Peter Curphey The Design Studio, Carmodil Beg Glen Rd, Ballaugh, Isle of Man IM7 5JD

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 Milntown Estate, Ref 24/00126/B, for the Netted polytunnels within the Estates Nursery Area for growing nursery trees in association with Manx Wildlife Trust at Milntown Mansion Glen Auldyn Ramsey Isle Of Man IM7 2AB .

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).

• 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

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.

• 2. The building/structure may only be used for horticultural or agricultural purposes.

Reason: The countryside is protected from development and an exception is being made on the basis of a horticulture/plant nursery need only.

• 3. The buildings/structures hereby approved shall be removed and the ground restored to its former condition in the event that they are no longer used or required for horticultural purposes/plant nursery.

Reason: The building has been exceptionally approved solely to meet horticultural need and its subsequent retention would result in an unwarranted intrusion in the countryside.

This approval relates to the submitted documents and drawing received on 31 January 2024, and additional correspondence from the agent received 21 May 2024.

This decision has been made for the following reasons(s)

Overall, it is considered that the application accords with General Policy 3, Environment Policy 1, Environment Policies 4 and 15, Strategic Policy 2 and General Policy 2 of the Isle of Man Strategic Plan 2016, as well as RB/3 and RB/5 of Planning Policy Statement 1/01, as the proposal would not have an adverse visual impact upon the overall setting of the Registered Building/estate or harm the character and quality of the landscape.

Date of Issue: 23rd May 2024

J CHANCE 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 £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.