DEC Decision Notice

Mrs Fiona Cregeen Red House Hillberry Onchan IM4 5BJ

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 subordinate Orders and Regulations, the Department of Environment, Food and Agriculture determined to REFUSE an application by Mrs Fiona Cregeen, Ref 23/00126/C, for the Use of Field 534492 for camping purposes (retrospective) at Field Number 534492 Glen Dhoo Hillberry Onchan IM4 5BJ for the following reason(s):

1. The Department is not satisfied that there is sufficient justification for the proposed development to warrant setting aside the presumption against development outside areas zoned for development. As such, the proposal is concluded to represent unwarranted development that is detrimental to the amenity of the countryside contrary to the provision of General Policy 3, Environment Policy 1 and Business Policy 14 of the Isle of Man Strategic Plan 2016.
2. No information has been provided to demonstrate that there are no other reasonably acceptable alternative sites or that there is an overriding national need for a campsite of this standard in this specific location. The proposal would result in an unacceptable and unwarranted loss of agricultural land without suitable justification contrary to Environment Policy 1 and General Policy 3 which seek to protect the countryside for its own sake and it is not demonstrated that the development would not present a substandard facility contrary to the principles of the Department for Enterprise IOM Destination Management Plan 2016-2020 and Non-Serviced Accommodation Futures Study (March 2017).
3. The proposal would undermine established policies of the Strategic Plan which indicate that development which is likely to have a significant effect on the environment will be required to be accompanied by an Environmental Impact Assessment and suitable supporting environmental information, as no Environment Impact Assessment or supporting environmental information has been provided. The proposal would therefore be contrary to Environment Policy 24 of the Strategic Plan.
4. The application does not provide sufficient information to properly judge the impact of the development on the soils within the application site, even though soil degradation associated camping could be a concern with the proposal. The application also does not show how camping could be implemented without having detrimental impacts on the biodiversity within the site and adjoining mature landscaping on the site boundary, or how this impact will be mitigated. Therefore, it is, considered that the scheme as proposed

would be averse to the requirements of Environment Policy 1 and Environment Policy 4 of the Strategic Plan.

Date of Issue: 29th May 2023

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.

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 $£ 335$ ); 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 $£ 125$ ).

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 (should one have been received) 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.