DEC Decision Notice

Samson Designs LtdMr Sam Samson The Workshop Park Road Port St Mary IM9 5HQ

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 Roger & Bronwen Raatgever, Ref 24/00246/B, for the Modifications to an existing agricultural field access (Field Ref: 432477) and creation of a new perimeter track. at Field 432477 Douglas Road Ballasalla Isle Of Man IM9 3DN for the following reason(s):

• 1. There is insufficient essential agricultural need demonstrated for the surfacing and perimeter track works for the essential conduct of agriculture. As such the application is considered to fail to comply with General Policy 3(f) and Section 7.13 of the Isle of Man Strategic Plan 2016.
• 2. The siting, design and appearance of the works of the pull-in area and the perimeter track are considered to be out of keeping with the green and rural character of the area and resulting in spread of materials not readily found in the countryside having an adverse visual impact on the countryside and for which there is no overriding national need demonstrated contrary to Environment Policy 1, Strategic Policies 3, 4, 5 and paragraphs 7.4.1 and 7.5.1 of the Isle of Man Strategic Plan 2016.
• 3. The area of works relating to the pull-in area and the perimeter access track result in a notable loss of field around two edges cumulatively resulting in an unacceptable loss off high quality agricultural land contrary to Environment Policy 14 of the Isle of Man Strategic Plan 2016.
• 4. While there may be some highway improvements from widening the field access by removal of the pillars, there is concern with the unknown level of development required in relation to the reduction to the remaining traditional stone wall within the visibility splay and so a proper assessment cannot be made as to the visual impact on the countryside in this respect which would be at odds with Environment Policy 1 of the Isle of Man Strategic Plan 2016.
• 5. The culmination of works proposed coupled with the anticipated intensification of use of the access by agricultural traffic or other vehicles in such a close proximity to the neighbours is expected to have an adverse effect on the living conditions of the neighbours at Maggies Cottage through noise, activity and possible vibrations contrary to GP2(g) and undermining Environment Policies 22 and 23 and those principles in EP15 seeking to best

protect neighbouring residential properties from agricultural related activity as set out in the Isle of Man Strategic Plan 2016. Date of Issue: 2nd May 2024 J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Acting Head of Development Management 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.