DEC Decision Notice

Wilson Consulting Limited Mr J Wilson Kempis House Orrisdale Road Ballasalla IM9 3AE

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 Paul & Mrs Katherine Bergin, Ref 21/00969/B, for the Erection of detached double garage and refurbishment of existing outbuilding to provide a store with workshop above at Ballacain Cottage Lhagg Road Dalby Isle Of Man IM5 3BU.

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 garage and outbuilding hereby approved shall not be used or occupied until such a time that the main dwelling (as approved under 19/01441/B) has been substantially completed, and shall remain for sole use by the main dwelling thereafter.

Reason: to ensuring no unwarranted or standalone ancillary domestic structures across the countryside in the interest of protecting the rural countryside for its own sake.

This approval relates to drawing number 269/001, 269/002 and 269/020, and a covering letter from the agent all date received 17/08/2021.

This decision has been made for the following reasons(s) The proposal makes best use of an underused stone building and efficient use of an existing site in line with Strategic Policy 1, and both structures are to be associated with an approved residential dwelling and by reason of their siting being away from the main road, their relatively small scale being subordinate to the main house and their overall visual appearance and design being sensitive and in-keeping with the main house that both structures are considered to have an acceptable visual impact in line with Environmental Policies 1, 2 and 16, and Housing Policy 15 and 16 of the Isle of Man Strategic Plan 2016.

Date of Issue: 15th December 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 £295); 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 £110). 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.