DEC Decision Notice

Mr T Craine Tiree 28 Victoria Road Castletown

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

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 Christopher & Mrs Sonia Kelly, Ref 19/01132/B, for the Erection of a greenhouse at Field 124163 Adjacent To Cronk Breck Bernahara Road Andreas Isle Of Man .

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. For the avoidance of doubt no approval is hereby given for the extension of the residential curtilage (as approved under PA 16/00963/B).

Reason: In the interest of the visual amenities of the countryside and as no approval has been sought for the extension of the curtilage.

• 3. If the greenhouse is no longer required or used for growing of horticultural/agricultural products, then it must be removed from site and returned to grassed field all within 6 months of the cessation of the use.

Reason: the site is not designated for development and the development is approved on the basis of specific need in this case.

• 4. Within one month of the date of this decision notice a detailed scaled scheme (including section drawings) illustrating the size/height and finish (landscaping/planting) of the new sod banks which will continue the existing sod bank along the western boundary of Field 124163 to the northern boundary of Field 124163 as shown on Drawing "Sheet 2 of 2" shall be submitted and approved in writing to the Department. This approved scheme shall be fully implemented and completed within 3 months of the approval of the condition and retained thereafter. Any landscaping (excluding sod bank construction) included in the scheme shall be shall be carried out in the first planting and seeding seasons. Any trees or

plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: In the interests of the visual amenities of the countryside surrounding the site.

• 5. The building must be used only for agricultural/horticultural purposes.

Reason: The countryside is protected from development and an exception is being made on the basis of agricultural/ horticultural need. As such the building must be used for the purposes for which it is approved.

This approval relates to the submitted documents and drawings reference numbers all received; 14th October 2019 CK31/19 SITE PLAN LOCATION PLAN 11th November 2020

• SHEET 1 OF 2
• SHEET 2 OF 2

This decision has been made for the following reasons(s) It is considered the need for the proposed greenhouse is acceptable, whilst also not adversely affecting the countryside or any other public or private amenities. The proposal therefore complies with Environment Policy 1 & 15, General Policy 3 of the Isle of Man Strategic Plan 2016.

Date of Issue: 5th February 2021

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 £285); and
•  election to have the appeal conducted by means of an inquiry(a hearing) or by means of written representation.

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 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.