DEC Decision Notice

Samson Designs Mr S T Samson The Workshop Park Road Port St Mary

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 Port Erin Commissioners, Ref 20/00496/B, for the Creation of a 30 glamping pod / cabin site with provision for camping and camper vans, erection of a detached welcome centre and detached toilet / shower facilities and the creation of a vehicular access, car parking and landscaping at Field 411412 Ballafesson Road Port Erin Isle Of Man .

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 new vehicular access and parking as shown on drawing 1808/03B must be in place prior to the site becoming operational. Reason: in the interests of highway safety.
• 3. Prior to the first occupation of the site, there must be in place provisions to enable users of the site to access the surrounding area safely and conveniently on foot. These provisions must first be approved by the Department and the development must be undertaken in accordance with these details and these should include:

the installation of an uncontrolled pedestrian crossing adjacent to the proposed site access on Ballafesson Road including dropped kerbs, tactile paving, splitter island and reflective/illuminated bollards and a new uncontrolled pedestrian crossing adjacent to the Ballafesson Road, Bay View Road junction, to provide safe access to local shops and facilities on Bay View Road and beyond to the beach.

Reason: in the interests of highway safety.

• 4. Prior to the commencement of works on site, the applicant must have approved by the Department, a detailed landscaping plan, which demonstrates how the site will be ecologically and visually enhanced together with a timetable for the introduction of the planting and a five year maintenance schedule thereafter.

Reason: the landscaping of the site is a critical element of the success of the scheme to enable it to comply with the relevant Strategic Plan policies.

• 5. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the camping facilities, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: the landscaping of the site is an integral part of the scheme and must be implemented as approved.

• 6. No lighting may be introduced within the site unless and until a detailed lighting scheme has been approved in writing by the Department and the development must be undertaken in accordance with these details.

Reason: to ensure that there is no visual or ecological harm from the use of any lighting on the site.

• 7. No development may commence on site until a plan has been approved in writing which illustrates the means by which the users of the site will be satisfactorily protected from use of the adjacent golf course and so that users of the golf course are not adversely affected by the use of the site as proposed. The development must be undertaken in accordance with these details. Reason: to ensure that the users of both sites are not adversely affected.

Note: the applicant is encouraged to liaise with the operators of the golf course in this respect.

• 8. The development hereby approved shall not be used or occupied other than for the purpose of short-let holiday accommodation and shall not be used as permanent living accommodation. The accommodation hereby approved shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any calendar year.

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.

• 9. If the site should cease being used or required for camping purposes, within one year of the site ceasing to be used as such, all structures must be removed from the site and any hard surfacing dug out and the site returned to a field. Any landscaping may remain. Reason for approval:

It is considered that the development is acceptable as, whilst it is contrary to the land use designation, there are economic benefits to the Island's economy and supports the Government's tourism strategy without significant adverse impact on the environment, highway safety or the living conditions of those in adjacent residential property.

This decision relates to the following drawings:

• 1808/01 received on 15.05.20

• 1808:04 received on 15.05.20
• 1808:05 received on 15.05.20
• 1808:06A received on 20.05.20
• 1808:07 received on 15.05.20
• 1808:08 received on 15.05.20 18TS001-01 received on 22.06.20

• 1808/02A received on 21.07.20 1808/03B received on 21.07.20.

This decision has been made for the following reasons(s) It is considered that the development is acceptable as, whilst it is contrary to the land use designation, there are economic benefits to the Island's economy and supports the Government's tourism strategy without significant adverse impact on the environment, highway safety or the living conditions of those in adjacent residential property.

Date of Issue: 1st September 2020

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.