203556

==== PAGE 1 ====

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 Miss Sarah Corlett Ballachrink Croft Ballacorey Road Bride IM7 4AW 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 & Mrs David and Mary Keating, Ref 24/00770/B, for the Conversion of agricultural building to residential (non-habitable) accommodation ancillary to the occupation of Moaney Woods Farm (retrospective) at Moaney Woods Farm Lonan Church Road Laxey Isle Of Man IM4 7JX for the following reason(s): 1. The proposed development is unacceptable as the principle of the conversion from the existing agricultural building to a residential (non-habitable) accommodation is not accepted as the site lies within a rural and protected part of the countryside, where any development is strictly controlled, with the site not being allocated specifically for any development. The site is also not within any settlement boundary, and is not a building of historic, architectural or social interest warranting its conversion as an exception to development in the countryside. No personal circumstances have been put forward by the applicant to be considered to warrant a departure from the policies set out within the Strategic Plan (Strategic Policy 2, Spatial Policy 5, Environment Policy 1, General Policy 3, and Environment Policy 16 of the Isle of Man Strategic Plan 2016). 2. The proposed development, by virtue of its design and use of large areas of glazing, would fail to relate positively and appropriately to the character of the surrounding countryside as it does not take into account a proper analysis of the context of the immediate locality, and would have a deleterious impact on the surrounding countryside, and this conflicts with Environment Policy 16 (c), General Policy 2(b) and Strategic Policy 5 of the Isle of Man Strategic Plan 2016, which all require that the proposal takes take into account the landscape context and the impact on the amenities of the area in which it is sited. 3. The fact that the building has an independent access, sits outside the historic curtilage of 'Moaney Woods, is an agricultural building with restrictive agricultural conditions within

==== PAGE 2 ====

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 agricultural land undermines the argument that the building would be ancillary to 'Moaney Woods'. It is also considered that no approval has been granted to allow the extension of the residential curtilage of 'Moaney Woods' into this site, with the historic applications showing that there has been no change to the residential curtilage. It is also considered that the extant conditions on site would facilitate the future severance of this property from 'Moaney Woods', should residential use of the building be allowed. Therefore, the application will be at variance with the character of the area and contrary to General Policy 3, and Environment Policy 1 of the strategic Plan. 4. The extension of the residential curtilage to include the agricultural buildings and agricultural field, with insufficient over-riding justification having been demonstrated represents an unwarranted domestic intrusion into the open countryside beyond the existing residential curtilage of 'Moaney Woods'. As such, the proposal is contrary to General Policy 3, Environment Policy 1, and Spatial Policy 4 of the Isle of Man Strategic Plan 2016, and the Area Pan for the East. Date of Issue: 29th November 2024 J CHANCE Director of Planning and Building Control

==== PAGE 3 ====

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 (https://pbc.gov.im/online-applications/) 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.