1994 Appeal Decision Notice PA93/0265

3 521 and the Environment The Chymmyltoght Isle of Man Government RECEIVED ON 20 NOV 2006 DEPT. OF LOCAL GOVERNMENT AND THE ENVIRONMENT Murray House Mount Havelock Douglas Isle of Man IM1 2SE Tel: (0624) 685859 Fax: (0624) 685943 Chief Executive M. E. Fargher Please reply to the Chief Executive Ref: MEF/MC 13th June, 1994. Dear Sir/Madam, ON APPEAL: 93/265 - J. D. Faulkner - Construction of new access driveway Ballahig Farm, Lower Foxdale, Patrick I refer to the recent appeal hearing in respect of the above planning application. In accordance with the provisions of paragraph 7(5) of Article Isle of Man Planning Scheme (Development Plan) Order No. 10 herewith a copy of the report of the person appointed appeal. I am directed to advise you that the Minister, having considered the report has agreed to accept the recommendation of the appointed person. Accordingly, he has directed that the appeal be dismissed and that the decision of the Planning Committee, on review, be confirmed subject to amended conditions. The appointed person refers specifically in his

3 521 and the Environment The Chymmyltoght Isle of Man Government RECEIVED ON 20 NOV 2006 DEPT. OF LOCAL GOVERNMENT AND THE ENVIRONMENT Murray House Mount Havelock Douglas Isle of Man IM1 2SE Tel: (0624) 685859 Fax: (0624) 685943 Chief Executive M. E. Fargher Please reply to the Chief Executive Ref: MEF/MC 13th June, 1994. Dear Sir/Madam, ON APPEAL: 93/265 - J. D. Faulkner - Construction of new access driveway Ballahig Farm, Lower Foxdale, Patrick I refer to the recent appeal hearing in respect of the above planning application. In accordance with the provisions of paragraph 7(5) of Article Isle of Man Planning Scheme (Development Plan) Order No. 10 herewith a copy of the report of the person appointed appeal. I am directed to advise you that the Minister, having considered the report has agreed to accept the recommendation of the appointed person. Accordingly, he has directed that the appeal be dismissed and that the decision of the Planning Committee, on review, be confirmed subject to amended conditions. The appointed person refers specifically in his

conclusions to conditions (2), (4), (5), and (8). The Minister has determined that these conditions should be varied or omitted as follows: No. (2): This condition seeks to control the use of the site, whereas the application proposes only engineering operations, without any change to the established use as agricultural land. Accordingly, this condition has been deleted, as suggested by the appointed person. No. (4): This condition seeks to restrict the usage of the proposed access, but in practice, it would not only be difficult to enforce (as suggested by the appointed person), but would also have a very limited effect; in these circumstances, the Minister has directed that this condition should also be deleted. No. (5): The Minister has accepted the rewording recommended by the appointed person; he has additionally directed that the Planning Committee, in considering these details, should have regard to the appointed person's comment (in respect of condition (4)) that the nature of the surface may serve to regulate the use of the access and driveway. Continued/

conclusions to conditions (2), (4), (5), and (8). The Minister has determined that these conditions should be varied or omitted as follows: No. (2): This condition seeks to control the use of the site, whereas the application proposes only engineering operations, without any change to the established use as agricultural land. Accordingly, this condition has been deleted, as suggested by the appointed person. No. (4): This condition seeks to restrict the usage of the proposed access, but in practice, it would not only be difficult to enforce (as suggested by the appointed person), but would also have a very limited effect; in these circumstances, the Minister has directed that this condition should also be deleted. No. (5): The Minister has accepted the rewording recommended by the appointed person; he has additionally directed that the Planning Committee, in considering these details, should have regard to the appointed person's comment (in respect of condition (4)) that the nature of the surface may serve to regulate the use of the access and driveway. Continued/

Ref: MFF/MC 13th June, 1994.

No. (8): The Minister has accepted the appointed person's recommendation that this condition be deleted.

Formal notice of the approval and the revised schedule of conditions is attached hereto.

Yours faithfully,

M. E. Farcher, Chief Executive.

TO: 1) Mr. N. Cadwallader, 14 Strathallian Crescent, Douglas; 2) Mr. R. Q. Moughtin, Briarfield, Foxdale Road, St. John's; 3) Patrick Parish Commissioners; 4) Director of Engineering & Design, DMPP; 5) Miss F. M. Joughlin, NPMCAF, Trolja, Selborne Drive, Douglas; 6) Forestry, Amunity & Lands Division, DAFF; 7) The Editor, IBM Newspapers; 8) Manx Bank, Newsroom; 9) The Editor, Steel City Guardian; 10) Manx Broadcasting and Journalism Bureau; 11) Secretary, Planning Appeals; 12) Secretary, Planning Committee; 13) Mr. T. O'Hanlon, Treasury.

Application No. 93/265 - ON APPEAL Ref: MEF/MC

TOWN AND COUNTRY PLANNING ACTS 1934-1981

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ISLE OF MAN PLANNING SCHEME (DEVELOPMENT PLAN) ORDER 1982

TO: 1) Mr. N. Cadwallader, 14 St. Paul, Greenfield, Douglas; 2) Mr. W. Q. Houghton, H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. 3) Patrick Parish Commissioner; 4) Director of Engineering & Design, DIPP; 5) Miss E. M. Jougan, S. M. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. 6) Forestry, A. M. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. 7) The Editor, 10th Newspaper; 8) Mark B. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. 9) The Editor, Paol City Guardian; 10) Manx Broadcasting and Journalism Bureau; 11) Secretary, Planning Appeals; 12) Secretary, Planning Committee; 13) Mr. T. O'Hanlon, Treasury.

In pursuance of his powers under the above Acts and Order the MINISTER for Local Government and the Environment, following report by the appointed person, does hereby APPROVE the application by J. D. Faulkner - Construction of new access driveway, Ballahig Farm, Lower Foadale, Patrick subject to compliance with the conditions or modifications specified on the attached schedule and numbered 1 to 5 inclusive.

Dated this 12th day of June, 1994.

By Order of the Minister

Murray House, Mount Havelock.

Chief Executive