APL Appeal Decision

ISle of Man

Government Reitige Eliee Panace Cornerstone Architects 79 Parliament Street Ramsey Isle Of Man IM8 1AQ

infrastructure <br> bun-troggalys

Office of the Minister and Chief Executive

Telephone: (01624) 720904 Fax: (01624) 686915 Email: [email protected] Contact: Mr K Gillespie Our Ref: VQ/AP13/0129Appl Your ref: Date: 9 September 2014

Dear Sir or Madam

On Appeal

Application No: 13/00547/B Proposal: Conversion of existing farm buildings to provide twelve tourist accommodation units with ancillary support and leisure facilities, and erection of a replacement farm complex comprising of agricultural buildings and a farm workers dwelling with detached garage, Lanjaghan Farm, Lanjaghan Road, Abbeylands Applicant: Mr Roy Tilleard Appellant: Mr Roy Tilleard I refer to the recent appeal 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 consider this appeal.

The Minister, the Hon P A Gawne MHK, 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 Planning Authority's refusal of the application under Article 6 of the Town and Country Planning (Development Procedure) Order 2005 should be reversed, and that the application should be Approved subject to conditions. Formal notice of this decision is attached.

Yours sincerely Redacted

N J Black <br> Chief Executive

Circulation List Mr Roy Tilleard, Lorne House, Douglas Street, Castletown, IM9 1AZ Cornerstone Architects (Agent for Applicant), 79 Parliament Street, Ramsey, Isle Of Man, IM8 1AQ Highway Services, Network Planning, Sea Terminal Building, Douglas, Isle Of Man, IM1 2RF Onchan Commissioners, Clerk to the Commissioners, Commissioners' Office, Main Road, Onchan, Isle of Man Isle of Man Newspapers, Newsroom, Publishing House, Peel Road, Douglas, Isle Of Man Department Of Social Care - Housing, Mr P Halliwell, Social Services Division, Markwell House, Market Street, Douglas Isle of Man EPU & Public Health, Department of Environment, Food & Agriculture, Thie Slieau Whallian, Foxdale Road, St Johns, IM4 3AS

Advisory Division - Mr Kneale, Agricultural Advisor, Department of Environment Food & Agriculture, Thie Slieau Whallian, Foxdale Road, St Johns, IM4 3AS

Manx Utilities Authority - DRAINAGE, Drill Hall, Tromode Road, Douglas, IM2 5PA Manx Utilities Authority - ELECTRICITY, PO Box 177, Douglas, IM99 1PS Mr & Mrs J K Watterson, "Slieau Ree", Lanjaghan Road, Abbeylands, IM4 5EQ Mr Michael Harvey, Larkhill Farm, Abbeylands, Onchan, IM4 5ED Mr Peter Karran MHK, House of Keys, Legislative Buildings, Douglas, IM1 3PW Mr D Haddow, Abbeylands House, Abbeylands, Isle of Man, IM4 5ED Mr & Mrs Gwilym Owen, Ballacashin, Abbeylands, Onchan, IM4 5EG Mrs Shirley McGhee, Lanjaghan Lodge, Abbeylands, Onchan, IM4 5EQ Mr R Callister, Water's Edge Cottage, Abbeylands, Isle of Man Mr & Mrs W E Harvey, Coan-ny-Glion, Abbeylands, Onchan, IM4 5EF Mr & Mrs Faragher, Lanjaghan Cottage, Abbeylands, Isle of Man, IM4 5EQ Mr G D Priest, Lower Strenaby, Abbeylands, IM4 5EF Mr & Mrs Morgan, Abbey Villa, Abbeylands, Isle of Man, IM4 5EF Mr Geoffrey Clark, 33 Ballaquark, Douglas, IM2 2EY Mr & Mrs W Clelland, Lanjaghan View, Abbeylands, Onchan, IM4 5EQ Mr & Mrs Frank Wadsworth, Lower Ballacashin, Abbeylands, IM4 5EG Mr & Mrs I.K. Bleasdale, Glebe Cottage, Kirk Maughold, IM7 1AS

The Town And Country Planning Act 1999

The Town And Country Planning (Development Procedure) Order 2005

Cornerstone Architects

79 Parliament Street

Ramsey

Isle Of Man

IM8 1AQ

In pursuance of his powers under the above Act and Order, the Minister for Infrastructure, the Hon P A Gawne MHK, does hereby in the name of and on behalf of the Department, APPROVE planning application 13/00547/B by Mr Roy Tilleard for Conversion of existing farm buildings to provide twelve tourist accommodation units with ancillary support and leisure facilities, and erection of a replacement farm complex comprising of agricultural buildings and a farm workers dwelling with detached garage, Lanjaghan Farm, Lanjaghan Road, Abbeylands, subject to the following conditions:

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

Reason: For the avoidance of doubt.

1. The development hereby permitted shall not be carried out except in full accordance with the following plans: 25, 500/A, SF/51, 50, 51, 01, 02, 03, 04, 05, 06, 07, 21, 10TS006-01-Sheets 1, 2 and 3, 12TS020-01, SF/100, SF/101, SF/102, SF/200, SF/300, 100, 101, 200, 201, 300 AND 301, all received on 3 May 2013; and 20/A received on 29 July 2013.

Reason: For the avoidance of doubt.

1. No demolition or development shall be carried out on the site until the road improvement works to Lanjaghan Road have been carried out in accordance with the details submitted on Drwg No. 20 Rev. A received on 29 July 2013.

Reason: For the avoidance of doubt.

1. The developments hereby approved shall not be occupied until space has been laid out within the site in accordance with the approved plans for the parking and manoeuvring of vehicles. Such areas shall not thereafter be used for any purpose other than the parking, turning and loading of vehicles associated with the development, and shall remain free of obstruction for such use.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

1. No development shall commence until details of the means of disposal of foul and surface

water drainage has been submitted to and approved in writing by the Planning Authority. The approved details shall be implemented prior to, or concurrently with, the development and the use may not commence until the drainage works relevant to that part of the development are completed.

Reason: To ensure satisfactory drainage of the site.

1. No development shall commence until details of the arrangements for the storage and disposal of waste from the tourist units, the farm worker's dwelling and the new farm complex, have been submitted to and approved in writing by the Planning Authority. The storage and disposal of waste shall thereafter be undertaken only in accordance with the approved arrangements.

Reason: In order to prevent pollution of the local environment.

1. No development shall commence until details of hard and soft landscaping of the tourist units, the farm worker's dwelling and the new farm complex, have been submitted to and approved in writing by the Planning Authority. The landscaping works shall be carried out prior to the occupation of any part of the development, or in accordance with a programme agreed in writing with the Planning Authority. Any trees or plants indicated on the approved scheme which, within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of the same species and size. All hard landscaping works shall be permanently retained in accordance with the approved details.

Reason: For the avoidance of doubt.

1. No development shall commence until details of earth-moving and finished ground levels throughout the site, including the ponds near the tourist units, have been submitted to and approved in writing by the Planning Authority. The development shall be carried out in accordance with the approved details.

Reason: For the avoidance of doubt.

1. No development shall commence until a schedule of materials and finishes to be used in the construction of all external surfaces, including roofs, walls, doors and windows, has been submitted to and approved in writing by the Planning Authority. The windows in the farm worker's dwelling shall have sliding sashes. The development shall be carried out in accordance with the approved schedule.

Reason: For the avoidance of doubt.

1. Except during the construction of the development, there shall be no external storage of materials.

Reason: To protect the amenities of adjoining land users.

1. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any order revoking and re-enacting that Order with or without modification) there shall be no extension or enlargement of the farmworkers' dwelling, including additions or alterations to its roof, and no garages or other free-standing buildings within its curtilage other than those expressly authorised by this approval, without the prior written approval of the Planning Authority.

Reason: To control the development in the interests of the amenities of the surrounding area.

MNKOI 0001610370

1. No development shall commence until details of the location and design of the entrance gates, piers, walls and cattle grids for the tourist units, the farm worker's dwelling and the new farm complex have been submitted to and approved in writing. The development shall be carried out in accordance with the approved details.

Reason: For the avoidance of doubt.

1. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any order revoking and re-enacting that Order with or without modification) no other gates, fences or other means of enclosure may be erected without the prior written approval of the Planning Authority.

Reason: To control the development in the interests of the amenities of the surrounding area.

1. The tourist units hereby approved shall not be used or occupied other than for the purpose of short-let holiday accommodation and shall not be let as separate dwellings. None of the units shall be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any calendar year, or such period (for example during the winter) as may be first approved in writing by the Planning Authority. Written records of letting and occupants shall be made available for inspection by the Planning Authority at any time.

Reason: To ensure that the development is only used and occupied as short let holiday accommodation and to prevent the creation of an unjustified separate dwelling in the countryside.

1. If any part of the buildings in the existing farm complex, shown on the submitted plan as to be repaired or retained in connection with the proposed tourist units, is removed, demolished or falls down, further approval for its re-building will be required. There is no guarantee that approval will be granted.

Reason: For the avoidance of doubt.

1. No development or demolition shall take place until a bat survey has been submitted to and approved in writing by the Planning Authority. The bat survey shall identify impacts on bat species together with mitigation, where appropriate, including a timetable for its implementation. The development shall not be carried out unless in accordance with the approved details.

Reason: To provide adequate safeguard for the bats.

1. The occupation of the farm worker's dwelling shall be limited to a person engaged or last engaged solely in agriculture on the Isle of Man, or a widow or widower of such a person, or any resident dependents.

Reason: For the avoidance of doubt.

1. No development shall commence until a phased programme for the construction of the farm worker's dwelling and the new farm complex has been submitted to and approved in writing by the Planning Authority. The farm worker's dwelling and the new farm complex shall be constructed in accordance with the approved programme.

Reason: For the avoidance of doubt.

1. No development shall commence until a scheme for the mitigation of noise at the new farm complex has been submitted to and approved in writing by the Planning Authority. The new

farm complex shall be constructed in accordance with the approved noise mitigation measures. Reason: To safeguard the amenities of prospective occupiers. Date of issue: 9 September 2014 By Order of the Minister

Redacted

N J Black Chief Executive

Note 1: A copy of the report of the appointed person is appended hereto.