**Document:** DEC Decision Notice
**Application:** 24/00352/B — Erection of an agricultural building
**Decision:** Permitted
**Decision Date:** 2024-08-06
**Parish:** Malew
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/32210-malew-part-field-425317-friary-agricultural-building/documents/1058748

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# DEC Decision Notice

Murray Cringle Ltd Friary Nook Main Road Ballabeg Castletown IM9 4EZ

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 Murray Cringle Ltd, Ref 24/00352/B, for the Erection of an agricultural building at Part Field 425317 The Friary Main Road Ballabeg Castletown Isle Of Man .

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 building hereby approved must be used only for agricultural purposes.

Reason: The countryside is protected from development and an exception is being made on the basis of agricultural need. As such the building must be used for the purposes for which it is approved.

- 3. In the event that the agricultural building, hereby approved, is no longer used or required for agricultural purposes, the unused building/s shall be removed (including any concrete hardstanding) and the ground restored to its former condition, within 6 months of the date the use ceased.

Reason: The building has been exceptionally approved solely to meet agricultural need and any subsequent retention including any foundations would result in an unwarranted intrusion in the countryside.

- 4. There shall be no external lighting at the site unless full lighting plan details have been first submitted to and approved in writing by the Department, such details shall

include position of lights, level of illumination and cowl details. Any external lighting shall then only be installed in full accordance with the approved lighting plan.

Reason: For the avoidance of doubt and to ensure no harm to the dark skies

The development shall be carried out in accordance with the submitted drawings and details in the planning application dated 22 March, 2024, unless otherwise stated. Such details are:

Location Plan - Showing site edged red, and Boundary of Farm complex edged blue @ scale 1:5,000; Proposed Site Plan @Scale 1:500; Drawing No. P7082-01 - Roof Plan and Elevations;

This decision has been made for the following reasons(s) The application is considered to be acceptable in terms of the proposed agricultural use, its siting, scale, form and extent of development proposed in that it would have an acceptable impact on the character of the site and surroundings in this countryside location. It complies with the provisions of policies GP3 f), SP5, ENV1, ENV2, and ENV15 of the IOM Strategic Plan 2016 and is, therefore, recommended for an approval.

Date of Issue: 6th August 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner in accordance with the authority delegated to them.

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 £355); 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 £130). 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.

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*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/32210-malew-part-field-425317-friary-agricultural-building/documents/1058748*
