DEC Decision Notice

Samson Designs Limited Samson Designs Limited 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 Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Mr Alistair & Mrs Sara Elliott, Ref 23/00359/B, for the Erection of an agricultural polytunnel, erection of a workshop with attached equipment store, installation of ground mounted solar panels and creation of a wildlife pond at Field 420426 Ballacannell Earystane Colby Isle Of Man IM9 4HN .

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 Solar panels and the support units hereby approved shall be removed and the ground restored to its former condition in the event that it is no longer used or required for renewable and alternative energy generation for a period exceeding 12 months.

Reason: The structures have been exceptionally approved solely to meet sustainable energy need and its subsequent retention would result in an unwarranted intrusion in the countryside.

• 3. The solar panels and base must be installed according to the plans and supporting information and must be maintained as such thereafter.

Reason: To ensure the development is implemented according to the plan/details submitted, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.

• 4. The only model of solar panels that can be installed are the JAM54S31 380-405/MR solar panels

• Reason: To ensure the development is implemented according to the plan/details submitted, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.
• 5. The proposed workshop and store must be used only for agricultural purposes only.

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.

• 6. If the use of the workshop and store hereby approved ceases for period exceeding 12 months, the building and any supporting base shall be removed and the ground restored to its former condition within 3 months of the date of the cessation, unless a time is otherwise approved in writing by the Department.

Reason: The building has been exceptionally approved solely to meet agricultural need and its subsequent retention would result in an unwarranted intrusion in the countryside.

• 7. The site must be maintained as per the Wildlife action plan dated 12th May 2023. Reason: for the avoidance of doubt and for the protection of the grassland.

This decision relates to the following plans and drawings, date received on 31st March 2023;

• Drawing No. 1912/23
• Drawing No. 1912/24A Solar Panel Configuration Solar Panel Data Sheet Design Statement This decision also relates to the Wildlife Action Plan, dated received 12th May 2023.

This decision also relates to the following additional information, dated received on the 14th July 2023; Drawing No. 1912/01 Rev A

• Drawing No. 1912/20 Rev A
• Drawing No. 1912/21 Rev B
• Drawing No. 1912/22 Rev A

• Drawing No. 1912/25 Supporting information

This decision has been made for the following reasons(s) Overall the openness and rural character of the countryside is not expected to be undermined as a result of the proposed solar panels, as such the proposal complies with Environment Policy 1 & 22 and Energy Policy 4.

Date of Issue: 19th September 2023

J CHANCE 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 £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.