DEC Decision Notice

Mr & Mrs David Nobbs Rose Cottage Barregarrow Kirk Michael Isle Of Man IM6 1AX

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 Mr & Mrs David Nobbs, Ref 20/01494/B, for the Conversion of detached garage to provide ancillary living accommodation at Rose Cottage Barregarrow Kirk Michael Isle Of Man IM6 1AX .

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 residential accommodation hereby approved shall be used only for purposes incidental to the enjoyment of Rose Cottage as a dwellinghouse. No separate curtilage shall be formed and the new accommodation shall at no time be used as an independent dwellinghouse without the express grant of planning approval from the Department.

Reason: the relationship between the proposed accommodation and the main dwellinghouse within the site is such that the residential amenities of the occupants of both would be adversely affected by the creation of an independent residential unit in addition to the main dwellinghouse in addition to such independent accommodation being contrary to the policies of the Strategic Plan which presumes against the creation of new dwellings in the countryside.

• 2. 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.

• 3. The residential curtilage shall extend no further south than the area including the "drive" and the footprints of the two existing buildings as shown on drawing DN/2/20 and may not include the field to the south which is defined in red on the submitted plans.

• Reason: the site is not designated for development and the expansion of the residential curtilage would represent unauthorised development in the countryside, contrary to Environment Policy 1 of the Strategic Plan.
• 4. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 or any Order superseding this, no garage, shed or other free standing structure may be erected within the approved residential curtilage nor may there be any extension to the building which is the subject of this application without planning approval.

Reason: to control the erection of futher structures within the site which is not designated for development.

This decision relates to drawings DN/1/20a and DN/2/20 both received on 10th December, 2020.

NOTE The applicant is recommended to liaise with the Inland Fisheries Division of the Department in respect to the protection of the watercourse during the implementation of the development.

This decision has been made for the following reasons(s) There is a presumption against development here and the creation of a self contained unit of accommodation would generally not be permitted. However, in this case there are to be minimal changes to the building which would not result in any adverse or significant impact on the character or appearance of the countryside and the accommodation would be highly unlikely to be separated from the main house due to shared access parking and amenity space. In addition to this, there are clearly benefits to the applicants and their family from the additional accommodation being available on site and the conversion works are not irreversible. The application is therefore supported as it is considered that it supports Environment Policies 1 and 2 and the ancillary nature which will prevent severance is capable of being ensured through the attaching of appropriate conditions to the approval.

Date of Issue: 18th March 2021

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

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 £285); 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 £100). 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 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.