PA 06/1565 Appeal Decision Notice

Department of Local Government and the Environment

Rheynn Reiltys Ynnydagh as y Chymmyltaght

Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Tel: (01624) 685859 Fax: (01624) 685873 E-mail: [email protected] Chief Executive K. A. Kinrade

Please reply to the Chief Executive

Our ref: KAK/MC 5th September 2007. Dear Sir/Madam,

ON APPEAL: PA06/1565 - Mr. and Mrs. D. Cleator - Approval in principle to the erection of an agricultural worker's dwelling, Field 210313, adjacent to Cornerways, Jurby West, Jurby

I refer to the recent appeal hearing in respect of the above planning application.

In accordance with the provisions of the Town and Country Planning (Development Procedure) Order 2005, I am enclosing herewith a copy of the report of the person appointed to hear this appeal.

The Minister has considered the report, and has noted in particular that the appointed person has concluded, in paragraph 37, that

"The business is clearly on the threshold of meeting the DAFF standard for a full-time business where the provision of an agricultural dwelling could be justified as an exception to normal policy. If that point has not yet been reached the likelihood is that it will be shortly".

and, in paragraph 43, that -

"If it was considered that the business justified accepting the principle of a new dwelling at this stage, I consider that the proposed site would be satisfactory having regard to the guidance of Circulars 1/88 and 3/88".

In these circumstances, the Minister has judged that permission should be granted subject to the conditions referred to in paragraph 44 of the report. The Minister has therefore rejected the appointed person's recommendation, and has directed that the decision made under article 6 of the Town and Country Planning (Development Procedure) Order 2005 should be reversed, and that the appeal should succeed. Formal notice of approval is attached hereto.

Yours faithfully,

K. Kinrade

Chief Executive.

Please see over for circulation list/......

Circulation List - PA07/1565

1. Penketh-Millar, 23 West Quay, Ramsey, IM8 1DL;
2. Mr. and Mrs. D. Cleator, 53 Larivane Meadows, Leodest Road, Andreas;
3. Jurby Parish Commissioners;
4. Director of Agricultural Services, DAFF, Rose House, Douglas, IM5 3AJ;
5. Mr. and Mrs. Bracher, Cornerways, Jurby West, IM7 3AY;
6. K. J. Woodham, West Nappin Smithy, Jurby;
7. P. M. and S. F. Quayle, Church View Cottage, Jurby West, Ramsey;
8. SPMC&E, Glebe Cottage, Church Road, Maughold, IM7 1AS;
9. Manx Electricity Authority, PO Box 177, Douglas, IM99 1PS;
10. IOM Water Authority, Tromode Road, Douglas, IM2 5PA;
11. Mr. A. Jessopp, Seacliffe, Old Castletown Road, Ballaveare, Braddan;
12. Highways & Traffic Division, DOT, Sea Terminal Buildings
13. Secretary, Planning Committee;
14. Chairman and Members of the Planning Committee;
15. Secretary, Planning Appeals Inspectorate;
16. Mr. T. O'Hanlon, Treasury;
17. The Editor, Isle of Man Newspapers, Peel Road, Douglas;
18. Manx Radio Newsroom, Douglas Head, Douglas;
19. Mrs. J. Clague, The Cottage, St. Nicholas Field, Breeze Hill, Laxey, IM4 7DL;
20. Radio 3FM, 45 Victoria Street, Douglas, IM1 3RS;
21. Energy FM, 100 Market Street, Douglas, IM1 1PH.

The Town And Country Planning Act 1999

The Town And Country Planning (Development Procedure) Order 2005

TO: Penketh-Millar, 23 West Quay, Ramsey, IM8 1DL [Copies as per Circulation List]

In pursuance of his powers under the above Act and Order, the MINISTER for Local Government and the Environment, following report by the appointed person, does hereby APPROVE the application by Mr. and Mrs. D. Cleator Approval in principle to the erection of an agricultural worker's dwelling, Field 210313, adjacent to Cornerways, Jurby West, Jurby, subject to compliance with the following conditions:-

1. This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application.
2. The occupation of the proposed dwelling(s) must be limited to persons whose employment or latest employment is or was employed in agriculture in the Island and including also the dependants of such persons as foresaid.
3. The proposed dwelling must be designed in accordance with policies 1-7 of Planning Circular 3/91.
4. All services must be laid underground, and all soil-stacks must be constructed internally.

Dated this 5th day of September 2007. By Order of the Minister Murray House, Mount Havelock, Douglas, Isle of Man.

Chief Executive

Note 1: This permission refers only to that required under the Town and Country Planning Acts and does not include any consent or approval under any other enactment, byelaw, order or regulation.

Note 2: A copy of the report of the appointed person is appended hereto.