Decision Notice

Mr Geoff Brown Odins Cottage, Ballachrink Farm Glen Road Colby IM9 4HW

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 Ian Kelly, Ref 24/91306/B, for the The erection of a new farmhouse and agricultural barn at Fields, 321756, 324673 And 324674 Foxdale Road Braaid Isle Of Man IM4 2AN .

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).

• 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

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.

• 2. No development shall commence until a schedule of materials and finishes to be used in the construction of the external surfaces, including all hardsurfacing, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
• 3. The agricultural barn hereby approved must be used only for agricultural purposes.

Reason: The countryside is protected from development and an exception is being made on the basis of agricultural need. As such the buildings must be used solely for the purposes for which they are approved.

• 4. In the event that the agricultural barn hereby approved is no longer used or required for agriculture they shall be removed and the ground restored to its former condition within 18 months of the date the use ceased.

• Reason: The countryside is protected from development and an exception is being made on the basis of agricultural need.
• 5. The occupation of the dwelling hereby approved shall be limited to a person engaged or last engaged solely in agriculture on the Isle of Man, or a widow or widower of such a person, or any resident dependents.

Reason: The site is in an area where restrictive policies apply and new dwellings are not normally approved except in exceptional circumstances, which include where a functional agricultural need has been established and accepted by the Department.

• 6. No external lighting may be installed unless a lighting plan is first submitted to and approved in writing by the Department. Reason: To prevent light pollution and impact on wildlife.
• 7. Prior to the commencement of development, a soft landscaping plan incorporating native species shall be submitted to the Department for approval in writing. The landscaping plan shall be implemented in full as per the approved details prior to the occupation of the development. Any new planting which is removed, becomes severely damaged or diseased within five years of planting shall be replaced. Replacement planting shall be in accordance with the approved details.

Reason: To ensure the delivery and retention of an appropriate landscaping scheme, in the interests of the visual amenity of the locality.

• 8. Prior to the commencement of the development hereby approved, a Precautionary Working Method Statement for breeding birds and common lizards, written by a suitably qualified ecologist, shall be submitted to Planning and approved in writing by the Department. The development shall only be carried out in accordance with the details as approved, and shall thereafter retained as such. Reason: To safeguard statutorily protected species.
• 9. Prior to the first occupation of the dwelling hereby permitted, the access and visibility splays shall be fully constructed and completed in accordance with Drawing No. PBSPV 02 and PBSP 03 and the access shall be hard surfaced with a gradient not exceeding 7% over its first 6m. Thereafter the access shall be permanently retained as approved. The re-surfacing must result in a bound surface such that no material is tracked onto the public highway. Reason: In the interests of highway safety
• 10. All areas within the visibility splays shown on the approved block site plan Drawing No. PBSP 03 shall be reduced to a maximum height of 1.05m prior to the occupation of the development and maintained thereafter for the lifetime of the development. Reason: In the interests of highway safety.
• 11. The garage hereby approved shall at all times be made available for the parking of private motor vehicles(s) and shall be retained available for such use. Reason: To provide adequate parking provision to the dwellinghouse.

• 12. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no development shall be undertaken under the following classes of Schedule 1 of the Order at any time: Class 26 - Garage doors Reason: To control future development on the site.
• 13. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling, and no garages or other free standing buildings shall be erected within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.

This decision relates to the following drawings and documents, date stamped received on 18 November 2024:

Site Location Plan SLP 01 Existing Block Site Plan EBSP 01 Proposed Block Site Plan 1:1000 PBSP 02 Proposed Block Site Plan 1:500 with visibility PBSPV 02 Proposed Block Site Plan enlarged 1:500 PBSP 03 Proposed Ground Floor Plan PGFP 01 Proposed First Floor Plan PFFP 01 Proposed Attic Floor Plan PAFP 01 Proposed South East Elevation PSEE 01 Proposed North West Elevation PNWE 01 Proposed South West and North East Elevations PSW and NEE 01 Proposed Section View PSV 01 Proposed Roof Plan PRP 01 Proposed Barn NE and SW Elevations PBNESWE 01 Proposed Barn NW and SE Elevations PBNWSEE 01 Proposed Barn Floor Plan PBFP 01 Proposed Barn Roof Plan PBRP 01

• Map of Parcels of Land Farmed 1
• Map of Parcels of Land Farmed 2
• Map of Parcels of Land Farmed 3 Site Plan of Fields Farmed at Hilberry, Onchan Planning Statement Agricultural Statement

This decision has been made for the following reasons(s) The proposed development is considered to be acceptable in principle having demonstrated a clear functional need for a new agricultural workers dwelling and barn at the site. The development, as now amended, can be delivered without significant detriment to the visual amenities of the immediate locality and wider landscape. The proposals will not harm the amenity of residential properties in the area or highway safety and are considered to be

acceptable in this regard. The proposals are therefore considered to be in accordance with Strategic Policy 5, Spatial Policy 5, Transport Policies 4 and 7, General Policies 2 and 3, and Environment Policies 1 and 15 and Housing Policies 7-9 of the Strategic Plan (2016).

Date of Issue: 14th February 2025

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 informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/onlineapplications/)

Implementation A determination to grant planning approval does not have effect —

•  if an appeal is submitted until the appeal is determined or withdrawn; or
•  if no appeal is submitted, but there are potential appellants in addition to the applicant, until the time within which an appeal may be submitted has expired (21 days from the date of this notice).

Development must be carried out in accordance with the approved plans and any attached conditions (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 can only be made by a person who has been accorded rights to do so, must be in writing, include the appropriate fee and be submitted to the Department within 21 days of the date of this Notice.

Guidance on how to appeal is available at gov.im/howtoappeal