DEC Decision Notice

Rural Business Consultancy Ballachristory Jurby IM7 3HD

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 Nicholas & Mrs Carole Ennett, Ref 20/00152/B, for the Erection of an agricultural building and creation of an all-weather manège, and cladding works to existing outbuilding (Retrospective) at Ballakillowey Farm Ballakillowey Road Colby Isle Of Man IM9 4BN.

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. All external sheet cladding materials on the existing and approved agricultural buildings (excluding roofing materials) shall be finished in a dark green colour to match and retained as such thereafter. Reason: In the interests of the character and appearance of the site and surrounding area.
• 3. The development hereby approved shall not be occupied or operated until the means of vehicular access, visibility splays, turning and parking areas have been provided in full accordance with the approved plans (drawing numbers 01 and 02), and shall thereafter be retained free of obstruction for such use at all times.

Reason: In the interests of highway safety and to ensure that sufficient provision is made for access, off-street parking and turning of vehicles.

• 4. The visibility splays shall be constructed in full accordance with the approved plans (drawing numbers 01 and 02) and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level. Reason: In the interests of highway safety.

• 5. The riding arena shall be for private use only by the owners of the site as defined in red and blue on the approved plans and may not be used for any commercial use.

Reason: The proposal is for a private facility and the use of the site by others or for a commercial purpose may have a different and potentially harmful impact on the surrounding amenities and highways.

• 6. There shall be no external lighting installed on the riding arena or agricultural building.

Reason: In the interests of the character and appearance of the site and surrounding area. Any lighting shall form part of a separate planning application and assessed accordingly.

• 7. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or use of the buildings and areas hereby approved, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, 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.

This application relates to Rural Business Consultancy supporting statement date stamped 11/02/2020, Penketh Millar 11 x A4 site photographs, drawing numbers 01, 02, 03 and 04 all date stamped and received 10/07/2020, Penketh Millar supporting statement and bat report both date stamped and received 20/07/2020, and drawing numbers 05 and SL date stamped and received 04/08/2020.

This decision has been made for the following reasons(s) Subject to the necessary conditions the application complies with General Policy 3 (f), Environment Policies 1, 15, 19 and 20 and Transport Policy 4 of the Isle of Man Strategic Plan 2016 and landscape proposals A2 and D15 from the Area Plan for the South 2013.

Date of Issue: 8th October 2020

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 £285); 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.