DEC Decision Notice

Cornerstone Architects Limited 79 Parliament Street Ramsey IM8 1AQ

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 & Mrs Denzil & Beverly Williams, Ref 23/00488/B, for the Conversion of an Existing Barn Structure (Block A) into Two Self-Catering Tourist Cottages (Class 3.6), Erection of Bat Barn, and Erection of Solar Array at Berrag Farm Sandygate Ramsey Isle Of Man IM7 3BS .

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. The tourist accommodation hereby approved shall be used only for purposes incidental to the enjoyment of 'Berrag Farm', Sandygate, Ramsey, or as temporary holiday letting accommodation, and for no other purposes whatsoever including use as permanent residential units without the prior express grant of planning permission by the Department.

They shall not be occupied as a person's sole or main residence and the owner of the holiday/tourist accommodation shall maintain an up-to-date register of the name of each occupier of the holiday/tourist accommodation on the site, their length of stay and their main home address and shall make this information available at all reasonable times to the Department.

No guest or customer may occupy any part of the accommodation for a period exceeding 28 days during the months of April to September (inclusive).

Reason: to ensure that the development is only used and occupied as short-let holiday accommodation during the holiday season and to maintain the availability of the units as short term holiday accommodation.

• 3. In the event that the solar panels and the support units hereby approved are no longer used or required for renewable and alternative energy generation for a period exceeding 12 months, they shall be removed and the ground restored to its former condition within 6 months following the 12 month period.

Reason: The structures have been exceptionally approved solely to meet sustainable energy need and its subsequent retention would result in an unwarranted intrusion in the countryside.

• 4. The boundary of the area defined for use by the solar arrays shall be enclosed by post and wire fence. Any replacement fencing shall also be post and wire fence (not solid fencing), and shall thereafter be retained and maintained as such.

Reason: For the avoidance of doubt and to ensure the provision of an appropriate landscape setting to the development.

• 5. The solar panels hereby approved shall be fixed and angled south only as shown on approved plans, and shall not be rotational.

Reason: the application has been assessed on this basis only and in the interest of visual amenity.

• 6. Prior to the installation of external lighting within the site, a Lighting Plan shall be submitted to and approved in writing by the Department. The lighting of the site will be designed utilising inward directed led lighting columns to provide required site illumination without creating undue light pollution. The development shall not be carried out other than in accordance with the approved plan, and shall be retained as such thereafter. Reason: To provide adequate safeguards for the ecological species existing on the site.
• 7. The Bat Barn approved as part of the development shall be erected strictly in accordance with the approved plans (Drawing No. 151 Rev A), and shall thereafter be retained as such. The Bat Barn shall be built and available for use by bats prior to works affecting the bats. Reason: In the interests of protecting and enhancing the biodiversity of the environment.
• 8. Prior to the commencement of any works on the barn, a Methodology for bat protection during works and covering the bat mitigation provisions with notes to clarify intentions and a method statement, shall be submitted to and approved in writing by the Department. The development shall not be carried out other than in accordance with the submitted Bat Protection Methodology. Reason: To provide adequate safeguards for the ecological species existing on the site.
• 9. The tourist accommodation units hereby approved shall not be occupied or operated until the additional car parking and manoeuvring areas, have been provided in accordance with the approved plans (Drawing 001 Rev E) received 20 October 2023. Such areas shall remain free from obstruction thereafter and remain available to the users of the approved development.

Reason: To ensure that sufficient provision is made for the parking and turning of vehicles, and pedestrian movements in the interests of highway safety.

• 10. 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 39 - Fences, walls and gates Reason: To control future development on the site.
• 11. The element of this approval that relates to part of Field 214608 is for the installation of solar panels only. No permission is granted under this application for the change of use of the field to mixed use or residential land.

Reason: For the avoidance of doubt, and to reflect the information provided in the application, as the Department has assessed the impact of the proposal only on the basis of the additional use of the field.

• 12. No Ground Source Heat Pumps shall be installed unless they are in accordance with details which have been first submitted to and approved in writing by the Department.

Reason: For the avoidance of doubt, to reflect the information provided in the application and to ensure no unacceptable impact on the environment. This decision relates to the following documents and plans:

• o Cover Letter, Bat Report Prepared by Manx Bat Group, Visit Isle of Man Support Letter, and Drawing Nos. 102, 150 Rev A, received 24 April 2023;
• o Correspondence with Photos from Applicant received 12 September 2023;
• o Nocturnal Bat Survey Report prepared by Collington Winter Environmental received 27 September 2023;
• o Correspondence from Applicant received 29 September 2023;
• o Agent Correspondence with DEFA EPU received 19 October 2023;
• o Bat Emergence Map, Drawing Nos. 001 Rev E, received 20 October 2023;
• o Bat Mitigation Case Study received 30 November 2023; and
• o Drawing No. 151 Rev A, received 31 January 2024;

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 is in accordance with Environment Policy 22 and Energy Policy 4 of the Isle of Man Strategic Plan 2016, as well as the wider Government climate change strategy. The proposal is also considered to accord with General Policy 3, Environment Policies 1, 4, 5 and 16, Strategic Policy 8, and Business policies 11 and 14 of the IOM Strategic Plan. No unacceptable adverse impact has been identified as likely with respect of the character and appearance of the existing building and surrounding landscape, the residential amenity of the neighbouring property or on parking and highway safety.

Date of Issue: 17th April 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.