Decision Notice

Baxter Construction & Design Limited 14-16 Peel Road Douglas IM1 4LR

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 Tim & Mrs Rebecca Sowerby, Ref 17/00711/B, for the Alterations and extension to dwelling, erection of a barn incorporating stables, creation of a manège and access alterations at Close Ruish Clenagh Road Sandygate Ramsey Isle Of Man IM7 3AE 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. The building must be used only for the purposes of agriculture, stabling, washdown, tack room, feedroom and hay and equipment store as indicated in Drwing No.03 rev03 date stamped 25th October 2017.

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

• 3. The stables building and menage hereby approved shall be used for private equestrian use only in association with the occupants of Close Ruish and not for any commercial or private livery use.

Reason: In view of the location of the site adjacent to the dwellinghouse Close Ruish; the Department does not consider the site suitable for anything other than private use.

• 4. The approved menage may only be used for equestrian purposes.

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

• 5. The existing trees and hedges, not identified for removal in accordance with the landscaping plan 08/02 and in conjunction with the Arboricultural impact assessment, both dated received 25th October 2017 shall be retained in accordance with the approved details. Any retained tree or hedge which within five years of the approved development being occupied or completed (whichever is the later) dies, is removed or becomes seriously

damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department.

Reason: To safeguard the appearance of the development and the surrounding area.

• 6. All tree removal and planting, comprised in the approved details of landscaping plan 08/02 and in conjunction with the Arboricultural impact assessment, both dated received 25th October 2017, must be carried out prior to the erection of the agricultural building and menage. Any trees or plants which within a period of five years from the completion of the development die, or are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.

• 7. The development hereby approved shall not be brought into use until the means of vehicular access has been constructed in accordance with the approved plans, and shall thereafter be retained for access purposes only. Reason: In the interests of highway safety.
• 8. Prior to the installation of any lighting as hereby approved, the applicant must have approved in writing by the Department, details of any works necessary to prevent the escape of light above the horizontal plane. Reason: to prevent unwarranted light pollution in this rural area.

Note: the applicant is encouraged to seek the advice of those involved in the Isle of Man Dark Skies initiative.

• 9. The external sheeting on the approved barn must be dark green. Reason: to minimise the visual impact of this new building in the countryside. This approval relates to the following:

02/3, 03/3, 05/3, 07/2, 07/1 and 08/2 all received on 25/10/17 01/0 and 04/0 received on 3/07/17 06 received on 1st February, 2018 the undated Arboricultural Impact Assessment received on 25th October, 2017 and the Philips Lighting information including plan reference DWG01 and the report dated 17.10.17 all received on 25th October, 2017.

NOTE Manx Utilities recommend flood resilient measures be taken for the manege, barn and extension, for example, ensuring that all electric points are located above the predicted floor levels and non-return valves are installed on any foul or surface water drains

Date of Issue: 8th March 2018

Director of Planning and

Building Control

Guidance Note

This decision was made by a Senior Planning Officer in accordance with the authority delegated to them 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 2016 (currently £175);
•  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.