Decision Notice

Mr Andrew Henderson 32 Cronk Avenue Onchan IM3 3DF

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 Moaney Moar Farm, Ref 25/90314/B, for the Erection of manege with associated stabling facilities and feed and tractor store at Moaney Moar Farm Ballabooie Road Cronk Y Voddy Kirk Michael Isle Of Man IM6 1BA .

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 development for the private equestrian facilities including an indoor riding arena with associated stabling, tack, and equipment stores, hereby permitted, shall be constructed in accordance with the approved details as outlined on the submitted Drawings - Drawing Nos. 101 and 102 and retained as such thereafter.

Reason: To ensure that high quality materials are used for the equestrian facilities which reflect and preserve the character of the site and surroundings and impart a high quality finish in the interests of visual amenity.

• 3. Prior to the commencement of the development, hereby permitted, details of biodiversity mitigation measures in respect of Protected Species (bats) and nesting birds shall be submitted to and approved in writing by DEFA Planning. Such details shall cover avoidance of harm to protected species, and nesting birds. The mitigation measures and biodiversity enhancement shall make provision for at least 3 bird nest boxes to be erected high up on the northern elevation of the new building, but not above windows or doors; and, that 3 boxes suitable for swift are erected. Following written approval of the scheme by DEFA, these details shall be implemented in full prior to the first use of the private equestrian facility and shall, thereafter, be retained and maintained for the lifetime of the development.

• Reason: For the conservation and protection of legally protected species, in accordance with the requirements of the Wildlife Act 1990 and Environment Policies 4 and 5 in the Adopted Isle of Man Strategic Plan 2016.
• 4. Details of foul and surface water drainage provision to serve the development, hereby approved, shall be submitted to and approved in writing by DEFA Planning. Such approved drainage scheme shall be installed prior to the development hereby permitted being first occupied and shall thereafter be retained and maintained at all times.

Reason: To ensure that the site is adequately drained and does not increase the risk of flooding elsewhere.

• 5. Prior to the construction of any of the development, hereby permitted, above finished ground floor level, all details of any external lighting to be applied to the buildings surfaces or at ground level around the site shall be submitted to and approved in writing by DEFA Planning. Any such lighting shall be installed prior to the development being first occupied and shall thereafter be retained and maintained at all times.

Reason: To minimise the impact of the development on Bats, Birds and any other Protected Species and safeguard the rural character and amenities of the area including minimising the impact of the development on the rural night sky.

• 6. Prior to the commencement of the development hereby approved, details of a landscape scheme shall be submitted to and approved in writing by the Department. All planting, seeding, and any earthworks comprised in the approved details of landscaping shall be carried out in the first planting season following the substantial completion of the development; and any trees or plants which, within a period of 5 years from the completion of the development, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. Thereafter, all soft and hard landscape works shall be permanently retained in accordance with the approved details.

Reason: To ensure the provision of an appropriate landscape setting to the development, and to safeguard the appearance of the development and the surrounding area.

• 7. The arena hereby approved must be used only for equestrian and/or agricultural purposes in association with Moaney Moor Farm and shall not be used for any commercial use or commercial purposes.

Reason: The application has been assessed on the basis of an equestrian facility as part of the wider use of the farm holding for agricultural purposes only as requested in the application.

• 8. In the event that the equestrian facility, hereby approved, is no longer used or required for equestrian/agricultural activities, the building and its associated structures shall be removed and the ground restored to its former condition within 12 months of the date the use ceased.

Reason: The arena has been permitted solely in conjunction with the applicants existing use and its subsequent retention without that need would result in an unwarranted feature in the countryside contrary to Strategic Policy 4 and General Policy 2 of the Isle of Man Strategic Plan 2016.

This approval relates to:

Drawing No. 100 - Site Location Plan @ scale 1:250 showing site edged red and Estate Land edged blue - received 24th March, 2025;

• Drawing No. 100 - Proposed Site Plan - received 27th March, 2025; Drawing No. 102 - Proposed Floor Plan - received 27th March, 2025;
• Drawing No. 101 - Proposed Elevations - received 27th March, 2025; and Documents - all date stamped and received 24th and 27th March, 2025.

This decision has been made for the following reasons(s) The proposal complies with General Policy 2, General Policy 3, and Environment Policies 1, 2, 19, 20, and 21 in the Isle of Man Strategic Plan 2016, and is recommended for approval.

Date of Issue: 30th June 2025

J CHANCE 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 informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/onlineapplications/)

Implementation A determination to grant planning approval does not have effect —

•  if an appeal is submitted until the appeal is determined or withdrawn; or
•  if no appeal is submitted, but there are potential appellants in addition to the applicant, until the time within which an appeal may be submitted has expired (21 days from the date of this notice).

Development must be carried out in accordance with the approved plans and any attached conditions (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 can only be made by a person who has been accorded rights to do so, must be in writing, include the appropriate fee and be submitted to the Department within 21 days of the date of this Notice.

Guidance on how to appeal is available at gov.im/howtoappeal