**Document:** Decision Notice
**Application:** 15/01274/B — Levelling of land and extension of domestic curtilage to create a garden
**Decision:** Permitted
**Decision Date:** 2016-01-04
**Parish:** German
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/21746-german-upper-lhergydhoo-farm-extension/documents/1016315

---

# Decision Notice

Cornerstone Architects 79 Parliament Street Ramsey Isle Of Man IM8 1AQ

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

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 Gavin Tyler-Roberts, Ref 15/01274/B, for the Levelling of land and extension of domestic curtilage to create a garden at Upper Lhergydhoo Farm Staarvey Road Peel Isle Of Man IM5 2AJ subject to compliance with the following condition(s) and notes (if any) :

- 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

- 2. 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 garages or other free standing buildings shall be erected within the land hatched on drawing 24 Rev B date-stamped as having been received 20th November 2015, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
- 3. Prior to the land hatched on drawing 24 Rev B date-stamped as having been received 20th November 2015 coming into use as a garden, the fence and gate shown on that same plan shall be erected and retained as such thereafter.

Reason: To control development in the interests of the amenities of the surrounding area and prevent the domestication of the agricultural land outside the approved garden land.

- 4. Prior to the land hatched on drawing 24 Rev B date-stamped as having been received 20th November 2015 coming into use as a garden, the low-level shrubbery shown on that same plan shall be planted. Any such plant that dies or is removed within a five year period shall be replaced by a plant of similar species and size during the next planting season.

Reason: To control development in the interests of the amenities of the surrounding area and prevent the domestication of the agricultural land outside the approved garden land.

The development hereby approved relates to the following drawings and plans, datestamped as having been received 20th November 2015: 01 Rev A, 04 Rev A, 24 Rev B and 500.

Date of Issue: 4th January 2016

## Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it in the name of the Minister and/or in the name and on behalf of the Department.

This permission refers only to that required under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

-  Payment of a planning appeal fee as prescribed in the Town and Country Planning (Application and Appeal Fees) (No2) Order 2015 (currently £165);
-  The reasons for making the appeal; and
-  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

The proposed development must not be commenced until either;

-  The time for requesting an appeal has expired; or
-  Any appeal has been determined;

Whichever is the later.

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is now available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.

https://www.gov.im/planningapplication/services/planning/search.iom

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.

---

*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/21746-german-upper-lhergydhoo-farm-extension/documents/1016315*
