DEC Decision Notice

BRW Mr Brian Woodard Harp Inn Cross Four Ways Ballasalla Ballasalla ISLE OF MAN IM9 3DH

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 Miss Catherine Tyler, Ref 23/01327/B, for the Erection of stable, feed and tack structures and change of use from agricultural to equine (retrospective) at Fields 514233 And 514234 Moaney Road Santon Isle Of Man .

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 use of the stable and field for the keeping of horses, hereby approved, shall be restricted to private use only, and no livery or riding school shall be operated therefrom.

Reason: To ensure that there would be no significant negative impact upon neighbours residential amenities; and, highway safety, the highway network functionality and/or parking by minimising traffic movements.

• 2. The wooden post and rail fencing as erected on the site shall be retained in situ for the lifetime of the development.

Reason: To protect the sensitive marshy grassland habitat on part of the site and to maintain the recognised diversity of its ecological interest in accordance with the provisions of Environment Policies 4 and 5 contained in the Isle of Man Strategic Plan 2016.

• 3. Notwithstanding the provisions of Schedule 1, Class 39, of the Town and Country Planning (Permitted Development) Order 2012, or any Order revoking or re-enacting that Order, no gate, fence, wall or other means of enclosure shall be erected on or around the site without first receiving planning permission from DEFA Planning.

Reason: To protect the sensitive marshy grassland habitat on part of the site and to maintain the recognised diversity of its ecological interest in accordance with the provisions of Environment Policies 4 and 5 contained in the Isle of Man Strategic Plan 2016.

• 4. 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 in accordance with the approved details and shall be operated in accordance with the manufacturer's instructions and shall thereafter be retained and maintained at all times.

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

• 5. In the event that the stable, feed store and tack room buildings, hereby approved, are no longer used or required for the stabling and keeping of horses, the stable, feed store and tack room buildings and their associated hardstandings shall be removed and the ground restored to its former condition within 24 months of the date the use ceased.

Reason: The stable, feed store and tack room buildings, have been exceptionally approved solely to meet the specific need based on the information provided and their subsequent retention without that need would result in an unwarranted stable, feed store and tack room in the countryside

The development shall be maintained in accordance with the forms, plans, photographs and documents as date-stamped received on 13 November, 2023.

NOTE The Ecosystem Policy Team has records of non-native invasive Japanese knotweed in the vicinity of the site, which is listed on Schedule 8 of the Wildlife Act 1990. Activities on site could enable such plants to spread into the wild which would be an offence, and so its presence on site should be investigated and if present, responsible eradication measures put in place.

This decision has been made for the following reasons(s) It is considered that the development complies with Environment Policies 1, 4, 5, 19 and 21 in the Isle of Man Strategic Plan 2016, and the application is supported.

Date of Issue: 30th January 2024

J CHANCE 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 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.