PA09/973/A Appeal Approval Notice

Infrastructure

bun-troggalys

Office of the Minister and Chief Executive

Telephone (01624)685859 Fax (01624)685945 Email: [email protected] Contact: Margaret Clague Our Ref: ITT/MC Your ref: Date: 2nd June 2010.

Dear Sir/Madam,

ON APPEAL: PA09/973/A – Gellings Free Range Eggs Limited – Approval in principle for the erection of an agricultural worker’s dwelling, Field 614870, adjacent to Cummal Beg, Barroose Lane, Baldrine, Lonan, IM4 6AN

I refer to the recent appeal hearing 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 hear this appeal.

The Minister has considered the report, and concurs with the general conclusion that the main issue in this appeal is whether, having regard to the circumstances of the case and to the relevant policies, an agricultural-workers’ dwelling would be justified. He has noted that the Agricultural Advisor concluded that the proposal “has many attractions to securing the long-term viability of this business, both with ensuring the business is staffed appropriately and that animal health and welfare is not affected”, but that the appointed person is “not convinced that it has been shown that the provision of an agricultural-workers’ dwelling is essential, bearing in mind that the farm is relatively close to established settlements where a range of housing is available”. It appears to the Minister that the judgment as to whether the proposed dwelling is “desirable” or “essential” is, in this case, difficult. After noting that the business is “clearly viable” and “well-established”, and that further expansion is planned, and having regard to the importance of encouraging economic development at this time, he has concluded that, on balance, the application should be permitted.

Continued overleaf/..........................

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

The Minister has therefore rejected the recommendation that the appeal should be dismissed, and has directed that the decision under Article 6 of the Town and Country Planning (Development Procedure) Order 2005 to refuse permission should be reversed, and that approval should be granted, subject to the conditions which are recommended in the Planning Officer's statement and which address the matters referred to in paragraph 24 of the report. Formal notice of this decision is enclosed herewith.

Yours faithfully,

I. T. Thompson, Chief Executive.

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

The Town And Country Planning Act 1999

The Town And Country Planning (Development Procedure) Order 2005

TO: Cornerstone Architects, 79 Parliament Street, Ramsey, ISLE OF MAN, IM8 1AQ [Copies as per Circulation List]

In pursuance of his powers under the above Act and Order, the MINISTER for Infrastructure, following report by the appointed person, does hereby APPROVE the application by Gellings Free Range Eggs Limited - Approval in principle for the erection of an agricultural worker's dwelling, Field 614870, adjacent to Cummal Beg, Barroose Lane, Baldrine, Lonan, IM4 6AN, subject to compliance with the following conditions:-

1. The application for approval of the reserved matters shall be made to the Planning authority before the expiration of two years from the date of this permission.
2. Approval of the details of siting, design, external appearance of the building, internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced.
3. This approval in principle relates to the land defined by the red line on Drawing No. MBGF-01 date-stamped the 4th June 2009.
4. The dwelling may be occupied only by a person or persons engaged or last engaged solely in agriculture; or a widow or widower of such a person, or any resident dependants.
5. The layout of the development must allow an average car to be able to enter and exit the application site in a forward gear.
6. A minimum of two on-site car-parking spaces must be provided within the application site.

Dated this 2nd day of June 2010.

By Order of the Minister

Murray House, Mount Havelock, Douglas, Isle of Man.

Ian T. Thompson, Chief Executive

Please see overleaf for notes/

Note 1: This permission refers only to that required under the Town and Country Planning Acts and does not include any consent or approval under any other enactment, byelaw, order or regulation.

Note 2: A copy of the report of the appointed person is appended hereto.

Circulation List - PA09/973/A

1. Cornerstone Architects, 79 Parliament Street, Ramsey, IM8 1AQ;
2. Gellings Free Range Eggs Limited, 14 Sunningdale Drive, Onchan;
3. Lonan Parish Commissioners, New Road, Laxey;
4. Highways \& Traffic Division, DOI, Sea Terminal Buildings;
5. Secretary, Planning Committee;
6. Chairman and Members of the Planning Committee;
7. Secretary, Planning Appeals Inspectorate;
8. Mr. T. O'Hanlon, Treasury;
9. The Editor, Isle of Man Newspapers, Peel Road, Douglas;
10. Manx Radio Newsroom, Douglas Head, Douglas;
11. Mrs. J. Clague, St. Nicholas House, Breeze Hill, Laxey, IM4 7DL;
12. Radio 3FM, 45 Victoria Street, Douglas, IM1 3RS;
13. Energy FM, 100 Market Street, Douglas, IM1 1PH;
14. The Manx Herald, Seacliffe, Old Castletown Road, Ballaveare, Braddan. IM4 1BB;
15. Tynwald Members' Room, Legislative Buildings;
16. Tynwald Reference Library, Legislative Buildings.