**Document:** DEC Decision Notice
**Application:** 22/00036/B — Creation of pond
**Decision:** Permitted
**Decision Date:** 2022-05-24
**Parish:** Jurby
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/8492-jurby-ballachrink-beg-fields/documents/946026

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# DEC Decision Notice

Caroline Perry Island Land-Based Services Limited 18 Ballastrooan Colby Isle Of Man IM8 4NR

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 Mr & Mrs Cowsill, Ref 22/00036/B, for the Creation of pond at Ballachrink Beg Fields 214314 And 210194 Jurby East Isle Of Man IM7 3HD .

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. Within two months of the date of this decision, details of any proposed planting/seeding shall be submitted to and approved in writing by the Department and the development shall not take place other than in accordance with the approved details.

Reason: the application does not provide details of any proposed planting/seeding and given the nature of the proposed scheme, it is important that any that does take place is appropriate.

This decision relates to the following plans and drawings, date stamped received on 14th January 2022;

- o Location Plan
- o Site Plan
- o Cross Section - Width
- o Cross Section - Length

This decision has been made for the following reasons(s) The proposal is considered not to have an adverse impact on the character and appearance

- of the countryside, and the works would enhance the nature conservation value of the site, thus according with Environment Policies 1, 2, 4 and 27. No material considerations have been identified which would justify refusal.

Date of Issue: 24th May 2022

## 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.

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 £305); 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 £115). 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 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/8492-jurby-ballachrink-beg-fields/documents/946026*