DEC Decision Notice

Ms Caroline Cardona Flat 2 4 Waveley Terrace Ramsey IM8 1EA

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 Ms Caroline Cardona, Ref 23/00221/B, for the Change of use of land and buildings to animal sanctuary. Placement of container and hardstanding and installation of replacement drainage and septic tank (retrospective) at The Stables Greenhill Jurby Road Andreas Isle Of Man IM7 2EJ .

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 container located on the site shall only be used for staff welfare facilities and office space associated with the animal sanctuary hereby permitted and for no other purpose(s) including no residential occupation.

Reason: In order to regulate and control development on the site, as the site lies in the open countryside.

• 2. The site shall not be open to the general public.

Reason: In order to regulate and control development on the site, as the site lies in the open countryside.

• 3. The yard and turning area as shown on two parking areas shown on drawing Yard and Field Plan dated 25 April 2023 shall be retained, kept clear and made available for use in association with the animal sanctuary hereby permitted at all times. Reason: In the interest of highway safety and the free flow of traffic.
• 4. There shall be no more than 10 dogs accommodated on site at any one time.

Reason: In the absence of a noise assessment it is considered to specify a max 10 dogs would strike the right balance between the operations of the sanctuary and would be reasonable to protect the living conditions of neighbouring residents.

• 5. If Greenhills Sanctuary leave the site the use of the site as a dog rescue and animal sanctuary shall cease and all structures on the site, including the container, shall be removed within three months of Greenhills Sanctuary leaving the site.

Reason: The application site is located in the open countryside with the proposal representing exceptional development in the countryside.

This approval relates to the following submitted documents/information and drawings; 15 February 2023 A3 Container Elevations A3 Container floor plan A3 Floor plan A3 Front elevations

• A3 Side and rear Elevations

• A3 Site plan

• A3 Stables Floor Plan and details1
• A4 Location plan

• A4 Photos

• A4 Site Plan Correspondence Small stable Elevations

25 April 2023 A3 Yard and Field Floor Plan 25 Apr 23 Applicant response

This decision has been made for the following reasons(s) While the keeping of animals in connection with agriculture does not involve development, it is clear that the applicant takes in stray and distressed animals and are not involved in the use of the land for agricultural purposes, however the use of the land for keeping the rescued animals is considered acceptable as it is very similar to agriculture. The site is located within the open countryside and the proposed use of the land and buildings as an animal sanctuary requires a countryside location to accommodate the animals and associated buildings. The proposal is considered to be low key and have a limited visual impact on the countryside. Planning conditions can be used to control the use and safeguard the identified limited impact on the countryside and on neighbours and would therefore broadly accord with the following policies; Strategic Policy 1, Strategic Policy 2, Strategic Policy 5, Strategic Policy 10, Spatial Policy 5, General Policy 3, Environment Policy 1, Environment Policy 21, and Environment Policy 22.

Date of Issue: 14th February 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.