**Document:** DEC Decision Notice
**Application:** 20/00301/B — Construction of an agricultural building
**Decision:** Permitted
**Decision Date:** 2020-05-19
**Parish:** Marown
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/12838-crosby-braaid-farm/documents/995010

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# DEC Decision Notice

Construction Design Ltd 2nd Floor 17 Peel Road Douglas Isle Of Man IM1 4LP

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 Daniel Potts, Ref 20/00301/B, for the Construction of an agricultural building at Braaid Farm Top Road Crosby Isle Of Man IM4 4HJ .

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 agricultural building hereby approved shall be removed and the ground restored to its former condition in the event that it is no longer used or required for agricultural purposes.

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

- 3. The building 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.

- 4. The building must be finished in dark green cladding as described in the application and retained as such thereafter. Reason: to reduce the visual impact of the building in the landscape.

- 5. Prior to the development hereby approved being brought into use the existing entrance in the North-Western corner of the site shall be blocked off and replaced with a pedestrian gate and Manx hedge, in accordance with drawing 985/001 date stamped as having been received 10.03.20.

Reason: To ensure that the development is carried out in accordance with the approved details and is not used other than in connection with The Braaid Farm.

This approval relates to drawing 985/002A received on 7th April, 2020 and 985/001 received on 10th March, 2020. This decision has been made for the following reasons(s) The development complies with General Policy 3, Environment Policies 1 and 15. Date of Issue: 19th May 2020

## 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 £276); 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 £100). 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/12838-crosby-braaid-farm/documents/995010*
