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Department of Environment, Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 Mr Shane Skelly The Forge Marown IM44HN 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 Shane Skelly, Ref 24/00773/B, for the Erection of hobby cabin at Field 320909 Top Road Crosby Isle Of Man for the following reason(s): 1. The proposed development of the site with a hobby cabin is unacceptable due to the size, scale, height and provision of accommodation on two floors in the hobby cabin which is excessive for the purpose to which it would be put, which is a leisure facility sited on a horticultural smallholding of approx. 0.46ha (1.13a acres). This is contrary to the provisions of Strategic Policy 2: Spatial Policy 5; General Policy 3(g); Environment Policy 1 and Environment Policy 15 contained in the Isle of Man Strategic Plan 2016, all of which seek to control development in the countryside unless there is an overriding national need for such development; and, to protect the character and appearance of the countryside for its own sake. 2. The proposed development of the site to provide an enclosed hobby cabin on two floors, which would have a ridge height approx. 5.6m; a footprint of approx. 48m2 resulting in an internal floor area of nearly 70m2, with an 'A' - shape construction of timber and shingles with a washroom suggesting a mains water connection, and solar PV panels to secure an electricity supply would be tantamount to the creation of a new dwelling in the countryside for which no justification on agricultural grounds has been provided. The small area of the land-holding- approx. 0.46ha (1.13a acres), would not be financially viable to the extent where the income derived from the landholding could support an agricultural dwelling. This would result in an unacceptable form of development contrary to the provisions of Environment Policy 15 in that there is no overriding need for such development associated with agriculture and horticulture in the countryside; and, Housing Policy 7 which indicates that "New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated.", both of which are contained in the Isle of Man Strategic Plan 2016.

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Department of Environment, Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 3. The proposed developed is unacceptable because the approved PA 20/00216/B - horticultural storage building has been placed on site approx. 10-12m from the eastern site tree/hedge boundary and not close to the site boundary as indicated on the approved plan for this development. As such, there is insufficient space between the east facing elevation of the horticultural storage building and the site access track to site the proposed hobby cabin. In this regard, the submitted plans for the hobby cabin are inaccurate and do not reflect the situation on the ground, and if sited in this location the development would appear cramped and incongruous. This is contrary to the provisions of General Policy 2 b) and c); General Policy 3 (g); Environment Policy 1; and, Environment Policy 15 contained in the Isle of Man Strategic Plan 2016. 4. Notwithstanding the above reasons for refusal, the site is not laid out for horticultural purposes as indicated on the approved site layout plan for the PA 20/00216/B - horticultural storage building application. At the time of the Case Officer's site visit on 10th September, 2024, it was laid to grass with no evidence of horticultural purposes with an Orchard; Willow Hedge - for Osier production; an Herb patch; Vegetable plots; Wildflowers; Berries; and, Beehives, as shown on the submitted site layout plan in the PA 20/00216/B application. This further brings into question the need for the development, and as such, the proposal is contrary to the provisions of Environment Policy 15 contained in the Isle of Man Strategic Plan 2016. Date of Issue: 17th September 2024 J CHANCE Director of Planning and Building Control

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Department of Environment, Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 Guidance Note This decision was made by a Principle 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.