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Samson Designs Limited 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 Mr Steve & Mrs Kirsten Gorry, Ref 24/00810/B, for the Conversion of redundant farm outbuilding to form residential unit with single storey extension, replacement of derelict farmhouse with an agricultural building for garaging and storage of domestic and agricultural vehicles with studio/office at first floor at Lingague Farm Ballakilpheric Road Colby Isle Of Man IM9 4BR .
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).
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.
Reason: To ensure that high quality materials are used for the Barns conversion and the extension; and, for the new garage unit which reflect and preserve the character and historic significance of the Barns structure and impart a high quality finish to the new build elements in the interests of visual amenity.
In the event of the converted barn and new garage structure proving unsuitable for such provisions, a structure suitable for nesting swallows must be constructed in a suitable location (see Appendix II of the submitted Ballavarkish - Preliminary Roost Assessment by Ecology Vannin dated June, 2024 for examples). Such structure and location to be agreed in writing with DEFA Planning. This should be a structure with a wooden interior and open side, providing shelter and easy access. The structure could be free-standing or part of the new building or retained pig sty and should provide clear access to foraging grounds.
Reason: For the conservation and protection of legally protected species, in accordance with the requirements of the Wildlife Act 1990 and Environment Policies 4 and 5 in the Adopted Isle of Man Strategic Plan 2016.
Reason: To provide suitable mitigation against the wide scale loss of habitat through the use of the barn and new build garage on site as a dwelling and garage.
Reason: To provide adequate safeguards for the ecological species existing on the site. (See Manx Bat Group Bat Activity Survey).
Reason: To ensure that the site is adequately drained and does not increase the risk of flooding elsewhere.
Reason: In order to give planting a sufficient time to establish and to ensure that the development provides an attractive environment helping to assimilate it into its surroundings in the interests of the visual amenities of the site and surrounding area.
Reason: This is due to the application site being located in the open countryside where planning permission for a new unit of living accommodation would not be granted unless there was an identified and justified need - such as a requirement for an agricultural or forestry worker. This accords with the provisions of General Policy 3a); Housing Policies 4a) and 11; and, Environment Policy 1 in the Adopted Isle of Man Strategic Plan (2016).
Reason: In the interests of the character and appearance of the development and to ensure that the finished appearance of the development will enhance the character and visual amenities of the area.
Reason: In the interests of the character and appearance of the development and to ensure that the finished appearance of the development will enhance the character and visual amenities of the area.
This approval relates to:
NOTE FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.
You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.
To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.
This decision has been made for the following reasons(s) Overall, it is concluded that the planning application accords with the provisions set out in General Policy 2, Housing Policy 15, Environment Policies 1, 2, 4 and 15 of the Isle of Man Strategic Plan 2016.
Date of Issue: 5th September 2024
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.
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