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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 Penketh - Millar 23 West Quay Ramsey Isle Of Man IM8 1DL 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 Tim & Mrs Justine Shepherd, Ref 21/00904/B, for the Conversion of barn to provide garaging, storage, space for the running of a business and ancillary living accommodation at Ballamoar Farm Doarlish Ard Foxdale Isle Of Man IM4 3BH . 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 garage hereby approved shall at all times be made available for use by 'Ballamoar Farm' as a dwellinghouse. Reason: The application has been assessed on this specific basis as a required garage space for use by the main house. 3. The living accommodation in the garage outbuilding hereby approved shall be used only for purposes incidental to the enjoyment of 'Ballamoar Farm' as a dwellinghouse. No separate curtilage shall be formed and the residential annexe shall at no time be used as an independent dwellinghouse. Reason: The application has been assessed only in terms of this restricted use and any other use may have an adverse effect on the character and amenity of the area contrary to relevant Polices in the Strategic Plan 2016 and its use as an independent residential unit would not comply with the Strategic Plan 2016 policies regarding new residential development in the countryside. 4. There shall be no more than 10 tutoring customers to the site per week.
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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 Reason: In the interest of highway safety and minded of the sustainability objectives of the IOM Strategic Plan 2016. 5. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the office space hereby approved shall only be used as a home office and for tutoring and for no other purposes in Class 1.2 or 1.4 of the Order at any time. Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration 6. 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 in accordance with Class 16 Fences, walls or gates of Schedule 1 of the Order at any time. Reason: To control future development on the site and prevent any separation of the site. This approval relates to the following all date received 05/08/2021: o Drawing number 21 1524 02 o Drawing number 21 1524 03 o Supporting letter from applicant o Covering letter from agent o Photographs numbers 1-8 The approval also relates to the following date received 10/11/2021: o Drawing number 21 1524 01 Rev A This decision has been made for the following reasons(s) Subject to suitably worded conditions relating to the use of the home office, restricting callers to the site, ensuring that the garage remains for use by the main house, and that the ancillary accommodation remains for uses incidental to the main house only and not subdivided or separated at any time, that the proposal is considered to be acceptable and would comply with Strategic Policy 1, Environment Policy 1 and Business Policy 1 and would meet with the principles of Environment Policy 16 and Housing Policy 11. Date of Issue: 18th March 2022 Director of Planning and Building Control
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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 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 £295); 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 £110). 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.
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