DEC Decision Notice

JTM Architecture The Basement 16 Derby Road Douglas Isle Of Man IM2 3ET

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 & Mrs Damon & Donna Waddington, Ref 22/01307/C, for the Creation of a private noncommercial fenced arena area for the exercising of the applicants horses and change of use of field from agricultural to equestrian use at Field 530509 Lower Ballacashin Abbeylands Isle Of Man IM4 5EG .

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 riding arena hereby approved shall be for private use only and not for any commercial or private livery use.

Reason: Due to the location of the site in the open countryside, the nature of the access to the site, and adjoining highway, the Department does not consider the site suitable for anything other than private use in accordance with General Policy 3, Environment Policies 1, 19 and 21 of the Isle of Man Strategic Plan 2016.

• 3. The arena hereby approved must be used only for equestrian purposes in association with the existing barn and residential dwelling at Lower Ballacashin, Abbeylands, and shall not be used for any commercial use or commercial purposes.

Reason: The stable building has been exceptionally approved solely to meet the specific need based on the information provided.

• 4. In the event that the riding arena, hereby approved, is not used for equestrian purposes for a period exceeding 6 months, the stable building and hard standing shall be removed and the ground restored to its former condition within 9 months of the stables last being used.

Reason: The building has been approved to meet the equestrian need of the applicant and its subsequent retention would result in an unwarranted intrusion in the countryside in accordance with General Policy 3, Environment Policies 1, 19 and 21 of the Isle of Man Strategic Plan 2016.

• 5. There shall be no external lighting at the site unless full lighting plan details have been first submitted to and approved in writing by the Department, such details shall include position of lights, level of illumination and cowl details. Any external lighting shall then only be installed in full accordance with the approved lighting plan.

Reason: For the avoidance of doubt and to ensure that development of the site is carried out in the interest of the character and appearance of the site and surrounding countryside.

This decision relates to the documents and plans received 28 October 2022, and revised plans received 28 November 2023.

This decision has been made for the following reasons(s) It is considered that the siting, size, design and finish of the proposed riding arena is not considered to result in any material harm to the overall character or appearance of the locality or the rural landscape, and in the absence of any identified harm to the amenity and living conditions of the neighbouring properties, the proposal is considered to meet the tests of Environment Policies 1, 19, 20 and 21 of the Strategic Plan 2016.

Date of Issue: 17th January 2024

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 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 £335); 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 £125). 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 (should one have been received) 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.