Appeal Decision Letter and Notice

Mrs Julia Anne Diggines-Patman Glebe Farm, Pennybridge Main Road Kirk Michael IM6 2HD Dear Sir/Madam,

Telephone (01624) 685958 Email: [email protected] Contact: Scott Gallacher Our Ref: MEC/AP24/0019 Date: 3rd December 2024

On Appeal

PA No: 23/01330/B Address: Field 234227 Main Road Kirk Michael Isle Of Man Proposal: Expansion of camping area; installation of 14 electric hook-up points for campervan pitches.

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

In accordance with the provisions of The Town and Country Planning (Development Procedure) Order 2019, I herewith give notice of the appeal decision.

The Minister for Environment, Food and Agriculture, the Hon C Barber MHK, has considered the report, concurs with the appointed person's conclusions, and accepts the recommendation that the appeal decision should be SPLIT. Accordingly, she has directed that the Department's decision to refuse the application should be part reversed and part upheld, for the following reasons and subject to the attached conditions.

Formal notice of this decision is attached.

Yours faithfully Redacted

Scott Gallacher Chief Officer

The Town And Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2019

Mrs Julia Anne Diggines-Patman Glebe Farm, Pennybridge Main Road Kirk Michael IM6 2HD

In pursuance of her powers under the above Act and Order/Regulations, the Minister for the Department of the Environment, Food and Agriculture, the Hon C Barber MHK does hereby in the name of and on behalf of the Department SPLIT the decision for planning application 23/01330/B by Mrs Julia Anne Diggines-Patman for Expansion of camping area; installation of 14 electric hook-up points for campervan pitches. - Field 234227 Main Road Kirk Michael Isle Of Man

REFUSED ELEMENT – those motorhome/campervan pitches shown on the Page 2 Plan (namely those pitches and hook ups along the northern edge of the existing permitted camping area, and the pitches without hook ups along the eastern edge of the tree and wildflower area and along some 75 metres of the site frontage at the southern end of the site, directly adjacent to the A3 (within Field 234227)

Refused for the following reason(s):- The siting of campervan/motorhomes onto the southern part of Field 234227 would be materially more intrusive than the existing activity in the field during race times, in a prominent gateway location on the edge of the village. There would be a consequential harmful impact on the established character and appearance of the AHLV and the setting of the Conservation Area. Whilst that impact would not be permanent, occurring on only two occasions a year, it would occur over several weeks in total. The evidence does not demonstrate an overriding national need for those pitches, but even if there were, there is no assessment to demonstrate that there is no reasonable and acceptable alternative. There would be conflict in this regard, with Environment Policies 1, 2 and 36, Business Policy 11 and Strategic Policy 8 of the Strategic Plan.

APPROVED ELEMENT – those motorhomes/campervan pitches and four double hook-up points shown on Page 2 Plan against the Western boundary of the site, adjacent to the former railway line; subject to the following conditions:

1. The development hereby approved shall begin before the expiration of four years from the date of this decision.

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.

1. There shall be no more than 65 pitches on the site at any time, including campervan/motorhome pitches. The camping pitches shall be confined to the pink cross-hatched area shown on the Page 1 Plan, with the campervan/motor home pitches hereby permitted confined to the blue hatched area along the western site boundary against the former railway line as shown on the Page 2 plan. FOR THE AVOIDANCE OF DOUBT NO consent is either granted or implied for any of the other campervan/ motorhome pitches and hookups shown on that plan within Field No 234227.

Reason: In the interest of visual amenity.

1. Should the camp site not be used as such for a period of 24 months or more from the last use as a seasonal camp site in accordance with the conditions of this approval, the associated toilet and shower facilities shall be removed from the site

Reason: To ensure that the proposal does not result in any unjustified adverse visual impact on the surrounding area.

1. The site shall be available for use no earlier than seven days before the first practice associated with the TT and with the Manx Grand Prix/Festival of Motorcycling, and up to seven days after the last race in each case, and the camp site may be erected within three days before this and taken down within three days after this.

Reason: To reflect the justification for the use proposed, given that the location of the site makes it unsuitable for constant use for camping/ motorhomes site

1. No permanent lighting shall be used on the site at any time.

Reason: In the interest of visual amenity and to safeguard nocturnal wildlife.

Reason for approval. When considered in the context of existing activity in the field during race times, the siting of campervans/motorhomes against the western boundary of the site, adjacent to the former railway line, including four hook-up points (serving 8 pitches) as shown on the Page 2 Plan, would result in no material harm to the character and appearance of the surrounding area, including the AHLV and adjacent Conservation Area. There would be no conflict in this regard, with Environment Policies 1, 2 and 36, or Strategic Policy 8 of the Strategic Plan.

NOTE: This decision relates to the submitted Plans numbered Page 1, 2 and 3 dated 3/11/2023 -

Page 1 shows the existing site layout, Page 2 showing the proposed layout (both at a scale of 1:1000) with the key shown on a separate sheet. Page 3 comprises the site location plan (at a scale of 1:2500).

Date of issue 3rd December 2024 By Order of the Minister Redacted

Scott Gallacher Chief Officer

Department of Environment, Food & Agriculture Thie Slieau Whallian, Foxdale Road, St John's, Isle of Man, IM4 3AS

Note 1: A copy of the report of the appointed person is appended hereto.

Note 2: All parties should note that there is no prescribed right of appeal relevant to the Minister’s decision herein and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within 3 months.

Note 3: The letter which accompanies this notice forms part of the notice in accordance with Article 13 (3) of the Town & Country Planning (Development Procedure) Order 2019.