DEC Decision Notice

Mrs Vivian Mercer Mannin Veg Gansey Port St. Mary IM9 5LA

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 Mrs Vivian Mercer, Ref 20/01274/B, for the Erection of two Polytunnels at Field 420959 Ronague Road Ronague Castletown Isle Of Man IM9 4HG .

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 polytunnels hereby approved shall be removed and the ground restored to its former condition in the event that they are no longer used or required for agricultural purposes for a period in excess of 12 months.

Reason: The buildings have been exceptionally approved solely to meet horticultural/agricultural needs and its subsequent retention would result in an unwarranted intrusion in the countryside.

• 3. The polytunnels hereby approved may only be used for horticultural/agricultural purposes i.e. growing or associated horticultural/agricultural storage only and for no other purposes.

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

This approval relates to:

• o The Site Plan, Polytunnel Details, and Planning Statement within Covering Letter, received 20 December 2020;
• o Protected Species Ecological Assessment Report received 9 February, 2021; and

• o Location Plan and Polytunnel Placement Plan received 29 March 2021.

NOTE A search for frogs and frogspawn (protected on Schedule 5 of the Wildlife Act 1990) should be undertaken immediately before work commences and during works. If frogs are found at any stage, before or during operations then all work should stop immediately and advice sought from the DEFA Ecosystem Policy Team or Liz Charter.

This decision has been made for the following reasons(s) Overall, it is considered that the application accords with General Policy 3, Environment Policy 1, Environment Policy 15 and Environment Policy 17 of the Isle of Man Strategic Plan 2016.

Date of Issue: 31st March 2021

Director of Planning and Building Control

Guidance Note

This decision was made by a Principal 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 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
• • 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 £100). 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 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.