DEC Decision Notice

GCA Ltd The Design Studio Carmodil Beg Glen Rd, Ballaugh, IM7 5JD

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 subordinate Orders and Regulations, the Department of Environment, Food and Agriculture determined to REFUSE an application by Mr Ian & Chris / Mrs Harriet Sheard & Hancox, Ref 24/00404/B, for the Erection of a mobile structure for ancillary residential and tourist use at Ballahowin Orrisdale Kirk Michael Isle Of Man IM6 2HP for the following reason(s):

• 1. The proposal is not of a nature which would be supported in the countryside under those policies which set out the exceptional forms of development which would be allowed in the countryside. Furthermore, the development does not seek to utilise existing built fabric in the countryside, or represent a form of quality accommodation in rural areas suitable for walkers but compliant with General Policy 3 and Business Policies 11 and 12. Therefore, the proposal is considered to undermine the aforementioned policies, as well as Environment Policy 16, Strategic Policy 8, and Business Policy 14 of the Strategic Plan.
• 2. The application site is not zoned for development and is within an Area of High Landscape or Coastal Value and Scenic Significance which is afforded further protection. Insufficient information has also been provided to demonstrate that the proposed development is essential to meet housing and employment needs which could not be met within existing settlements or to provide facilities of strategic importance for leisure and tourism. Therefore, the creation of the new unit of residential/tourist accommodation in this countryside location would result in an inappropriate development in the countryside contrary to Environment Policy 1 and Environment Policy 2 of the Isle of Man Strategic Plan.
• 3. The site is not within a sustainable location or an existing settlement. It is also considered that insufficient information has been provided to demonstrate that there is an overriding national need for the development and for which there are no reasonably acceptable alternatives. It is, therefore, considered that the proposal would be contrary to the policies

within the Strategic Plan which seek to protect the countryside for its own sake and to direct development to sustainable locations in order to reduce the need to travel by car and to support existing services (General Policy 3, Strategic Policies 2 & 10, and Environment Policy 16 of the Isle of Man Strategic Plan 2016).

Date of Issue: 20th August 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner in accordance with the authority delegated to them.

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.

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 £355); 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 £130).

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.