DEC Decision Notice

Mr Gordon Clarke Carmodil Beg, Glen Road Ballaugh IM7 5JD

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 Samantha Leahy, Ref 21/00550/B, for the Erection of an equestrian arena and associated facilities at Ballaquayle Farm St Marks Road St Marks Ballasalla Isle Of Man IM9 3AF.

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 proposed equestrian arena and associated facilities must be implemented in accordance with drawings 1006.05 received on 24th May, 2021; and 1006.04 Rev A received on 22nd July, 2021. Reason: In the interests of the character and appearance of the site and surrounding area.
• 3. No part of the equestrian facility hereby approved may be used until the access and parking arrangement have been constructed in accordance with submitted drawing 1006.04 Rev A received on 22nd July, 2021, and shall thereafter be retained as such. Reason: In the interests of highway safety.
• 4. The indoor equestrian arena and stables hereby approved shall be used solely in connection with the businesses as set out in the Design and Access Statement received 24 May 2021; Applicant and Highway Correspondence dated 7 July 2021; Additional Statement from Applicant and Agent received 22 July 2021; and Email from Applicant received 26 July 2021; and for the owners' private use. It will be not be used for any other third party use, unless otherwise agreed in writing with the Department.

• Reason: for the avoidance of doubt as to the extent of the permission and in the interests of highway safety.
• 5. The building must be used only for equestrian purposes.

Reason: The countryside is protected from development and an exception is being made on the basis of equestrian need. As such the building must be used for the purposes for which it is approved.

• 6. The indoor equestrian arena and stables hereby approved shall be used only in connection with Ballaquayle Farm site for equestrian purposes and may not be let out separately therefrom.

Reason: The Department has assessed the impact of the proposal on the basis of the specified use and the documents submitted and to enable the Department to consider the implications of any subsequent change on the amenities of the area.

• 7. Prior to the installation of any external lighting on the approved arena, the details of the lighting scheme shall be submitted to and approved in writing by the Department. The lighting scheme shall be implemented in strict accordance with the approved details and thereafter retained as such. Reason: In the interests of the character and appearance of the site and surrounding area.
• 8. The equestrian building hereby approved shall be removed and the ground restored to its former condition in the event that it is no longer used or required for equestrian purposes.

Reason: The building has been exceptionally approved solely to meet equestrian need and its subsequent retention would result in an unwarranted intrusion in the countryside.

• 9. Prior to the use of the building hereby approved, the surface of the first 6m of the connection of the site access with the lane is to be made of a consolidated and bound material (not loose stone or gravel). Reason: In the interests of highway safety.

This approval relates to the Design and Access Statement and drawing reference number 1006.05 received on 24th May, 2021; Applicant and Highway Correspondence dated 7 July 2021; Additional Statement from Applicant and Agent, and drawing 1006.04 Rev A received on 22nd July, 2021; and Email from Applicant received 26 July 2021.

This decision has been made for the following reasons(s) It is considered that the planning application is in accordance with General Policy 3, Environment Policies 1, 19 and 21 of the Isle of Man Strategic Plan 2016.

Date of Issue: 12th August 2021

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 £295); 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 £110). 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 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.