DEC Decision Notice

Mr Nicholas & Mrs Carole Ennett Ballakillowey Farm Ballakillowey Road Colby Isle Of Man IM9 4BN

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 REFUSE an application by Mr Nicholas & Mrs Carole Ennett, Ref 19/00529/B, for the Erection of an agricultural building and creation of an outdoor all weather riding arena at Ballakillowey Farm Ballakillowey Road Colby Isle Of Man IM9 4BN for the following reason(s):

• 1. The application fails to provide sufficient evidence or justification to demonstrate agricultural need for the proposed outbuilding to outweigh the tests of General Policy 3 (f) of the Isle of Man Strategic Plan 2016.
• 2. The siting, size and design of the proposed outbuilding results in an unacceptable visual impact on the countryside and an unwarranted spread of development across the landscape contrary to Environment Policy 1 and Environment Policy 15 of the Isle of Man Strategic Plan 2016. The visual impact of the outbuilding also contrary to the landscape character strategies set out for this site in the Area Plan for the South 2013.
• 3. While there are policies in the Strategic Plan that support equestrian development this must not result in any adverse visual impacts on the countryside or result in an unacceptable loss of high quality agricultural land. The current application fails to provide sufficient information for the proposed menage in order to determine its full impact and therefore fails to meet the tests of Environment Policy 1, Environment Policy 19 and Environment Policy 20 of the Isle of Man Strategic Plan 2016.

Date of Issue: 6th August 2019

Director of Planning and Building Control

Guidance Note

This decision was made by the Head of Development Management in accordance with the authority delegated to them.

This decision refers only to that applied for under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Whilst a copy of the Officer’s report is included alongside this notice, any wider 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

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 current Fees Order;
•  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/

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.

PleasenotethatifthecountercopyoftheapplicationisnotcollectedwithinTHIRTY DAYS following the last date on which a planning appeal can be made it will be destroyedwithoutfurthernotice.