Decision Notice

Gordon Clarke The Design Studio, Carmodil Beg Glen Road 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 Dalmatian Limited, Ref 25/90378/B, for the Extension to existing shed for hay production/storage at Blue Point Yard Ballawhane Farm Leodest Road Andreas IM7 3EG .

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 hereby approved must be used only for agricultural purposes. Should it no longer be used for agricultural purposes the building and any associated hardstanding and groundworks shall be removed within 12 months of the date the use ceased and seeded with grass.

Reason: The countryside is protected from development and an exception is being made on the basis of agricultural need. As such the building must be used for the purposes for which it is approved and removed if no longer needed.

• 3. The building hereby approved shall be finished externally in dark green colour to its walls, and grey colour to its roof (with exception to the opaque roof light panels) and retained as such thereafter.

• Reason: In the interest of visual amenity.
• 4. Any external cladding to the existing building shall be finished externally in dark green colour and retained as such thereafter.

Reason: to align with the details submitted and towards creating cohesion across the buildings external appearance.

This approval relates to the following:

• - covering letter 856.25.01 date published online 08/04/2025
• - dwg 856.200 date published online 01/05/2025
• - dwg 856.201 and dwg 856.202 date published online 12/05/2025

This decision has been made for the following reasons(s) It is accepted that there is a recognised agricultural justification to meet with General Policy 3, and the proposed building by reason of its siting, size, scale and design is considered to have an acceptable impact on the character and appearance of the countryside in line with Environment Policies 1, 2 and 15 of the Isle of Man Strategic Plan 2016 and not to undermine Landscape Character Appraisal area F2. It is also considered that the proposal has an acceptable amenity impact on the neighbours in line with General Policy 2 (g) and Environment Policy 22.

Date of Issue: 22nd July 2025

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 informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/online-applications/)

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 £355); 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 £130). 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.