**Document:** DEC Decision Notice **Application:** 22/01526/B — Erection of a poly tunnel for domestic use **Decision:** Permitted **Decision Date:** 2023-02-28 **Parish:** Lonan **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/9806-lonan-sea-dawn-ballaragh-road-poly-tunnel-domestic/documents/963849 --- # DEC Decision Notice Mr Allan Peter King Sea Dawn Ballaragh Road Laxey Isle Of Man IM4 7PN 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 Allan Peter King, Ref 22/01526/B, for the Erection of a poly tunnel for domestic use at Sea Dawn Ballaragh Road Laxey Isle Of Man IM4 7PN . 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. In the event that the use of the polytunnel hereby approved ceases for a period exceeding 12 months, the polytunnel and any supporting structures shall be removed and the ground restored to its former condition within 3 months of the date of the cessation. Reason: The building has been exceptionally approved solely to meet a specific need and its subsequent retention would result in an unwarranted intrusion in the countryside. This approval relates to the following information: DWG E1044-001-PD Rev A Location Plan Proposed Floor Plan - - all date received 06/12/2022 Site Plan Covering letter - - both date received 02/02/2023 This decision has been made for the following reasons(s) Although the land is not designated for development, the proposed poly tunnel is considered to be acceptable an exceptional basis due to the intended use for growing of produce in association with 'Sea Dawn' and due to its siting being in close proximity to the existing dwelling and read amongst the cluster of surrounding development along Ballaragh Road and not to result in an unacceptable visual impact or to harm the rural landscape and countryside character in this location, and not to result in any neighbouring amenity impacts. The application is considered to comply with Environment Policies 1, 2, 15 and 17 of the Isle of Man Strategic Plan 2016 and with the principles of General Policies 3(f) and 2 (b, c, g). Date of Issue: 28th February 2023 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 £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. --- *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/9806-lonan-sea-dawn-ballaragh-road-poly-tunnel-domestic/documents/963849*