Decision Notice

Nicola McDowell Mines Cottage Ballakilpheric Road Colby Isle Of Man

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 Nicola McDowell, Ref 17/00774/B, for the Erection of timber stable block at Mines Cottage Ballakilpheric Road Colby Isle Of Man 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 equestrian building hereby approved shall, within three months of the need for its use ceasing, be removed and the ground restored to its former condition in the event that it is no longer used or required for equestrian-related purposes.

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

• 3. The equestrian building hereby approved shall not be used on a commercial basis, and shall at all times be used in association with the dwelling currently known as Mines Cottage.

Reason: The assessment has been based on personal use. Any alternative use may require fresh consideration with respect to the adequacy of the existing highway access and also the impact that any additional, associated vehicle movements may have on neighbour residents.

• 4. No more than two weeks prior to the commencement of the construction of the stable block hereby approved, there shall be erected temporary safety fencing around a Construction Exclusion Zone, both as shown on the submitted drawing attached to an email of 11th July 2017 from the Arboricultural Officer, and which was date-stamped as having been received on both 18th July 2017 and 20th July 2017. The fencing shall be removed within one week of the stable block comes into use.

Reason: In order to protect nearby tree protection areas, and in order to ensure a limited visual impact during the construction period.

The development hereby approved relates to the Site Plan, the Location Plan, Drawing NM1/17 and the two photograph sheets, all date-stamped as having been received 20th July 2017.

NOTE For the avoidance of doubt the approval of the stable block in no way confers on the area outlined in red, on Location Plan 1:2000 date stamped 20 July 2017, its use as residential curtilage.

Date of Issue: 1st September 2017

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.