DEC Decision Notice

Ellis Brown 12 Strathallan Crescent Queens Promenade Douglas IM2 4NR

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 Mark Pearce, Ref 21/00036/B, for the Conversion of existing stable, store and kennel buildings to provide 12 tourist accommodation units (class 3.6), wellness spa (Class 4.1), café (class 1.3) and a residential apartment (class 3.4) with associated parking and access, creation of an equestrian arena with associated stable block and relocation of an existing agricultural building at Oatlands Farm Oatlands Road Santon Isle Of Man IM4 1ED .

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 tourist accommodation units, wellness spa, café, residential apartment, and equestrian arena with associated stable block hereby approved shall not be occupied or operated until the Visibility Splay arrangements, internal pedestrian and vehicle areas, and additional car parking and manoeuvring areas, have been provided in accordance with the approved plans (20/03026/03A and 20/3026/04) received 19 January 2021. Such areas shall remain free from obstruction thereafter and remain available to the users of the approved development.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles, and pedestrian movements in the interests of highway safety.

• 3. The tourist accommodation units, wellness spa, café, and residential apartment which forms part of the development hereby approved shall not commence until a scheme for the provision of bat boxes to be installed in specific locations, including timing of delivery of boxes as detailed in Appendix 1 of Manx Bat Group which states they should be

in place prior to any works to the roof on the converted buildings has been submitted to the Department for approval.

The bat boxes are to comprise five boxes suitable for crevice dwelling species, and three suitable for cavity dwelling species, as detailed in Appendix 1 of Manx Bat Group

The works to install the bat boxes shall take place strictly in accordance with the approved details.

The bat boxes shall be permanently retained in accordance with the approved details. Reason: To safeguard a statutorily protected species.

• 4. Prior to the commencement of the development hereby approved, details of the two swallow nesting platforms to be erected in the re-located barn to mitigate against the loss of their nest sites shall be submitted to and approved in writing by the Department. The details shall also show how permanent access into the barn will be enabled for them. The swallow nesting platforms shall be permanently retained in accordance with the approved details. Reason: To provide adequate safeguards for the ecological species existing on the site.
• 5. The development hereby approved shall be carried out in strict accordance with the submitted mitigation scheme detailed in Appendix 1 (Pages 7-12) of the Manx Bat Group's amended Oatlands Farm Bat Survey Report dated 7 December 2021, to provide appropriate mitigation for bats swallows within the site and immediate locality. Reason: To safeguard a statutorily protected species.
• 6. The holiday/tourist accommodation hereby approved shall be used solely as temporary holiday letting accommodation and for no other purposes whatsoever including use as permanent residential units without the prior express grant of planning permission by the Department.

They shall not be occupied as a person's sole or main residence and the owner of the holiday/tourist accommodation shall maintain an up-to-date register of the name of each occupier of the holiday/tourist accommodation on the site, their length of stay and their main home address and shall make this information available at all reasonable times to the Department.

Reason: The occupation of the holiday/tourist accommodation as permanent residential units would not comply with the Strategic Plan policies regarding residential development in this area.

• 7. The tourist accommodation units, wellness spa, café, residential apartment, and equestrian arena with associated stable block hereby approved shall not be commenced until details of refuse storage have been submitted to and approved in writing by the Department. These elements of the development shall not be occupied until the refuse storage has been provided in accordance with the details so approved, and shall thereafter be retained solely for this purpose.

Reason: In the interests of the appearance of the development and of the amenities of the area.

8. The walls of the proposed stable block shall not be made of cavity-wall construction,if blockwork is used for the wall construction.

Reason: To ensure compliance with the requirements of Environment Policy 21 in terms of form and materials used for construction of stables.

9. The apartment hereby approved shall not be occupied at any time other than foruse as staff accommodation; and shall not be occupied as rental accommodation or sold offseparately.

Reason: To ensure proper control of the development and to reflect the information provided in the application, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.

10. Prior to the occupation of any part of the converted buildings and equestrian arenawith associated stable block hereby approved, the traffic management scheme whichincludes the segregation of existing access to dwelling, equestrian/agricultural traffic andtourist traffic shown on the Entrance Visibility Splays (Drw. No. 20/3026/04), ProposedEquestrian Stables and External Riding Arena (Drw. No. 20/3026/09), and Proposed SitePlan (Drw. No. 20/3026/03 A), all received 19 January 2021, shall be provided and retainedas such. Signs shall be provided at the site entrance(s) and within the site to clearly showthis segregation.

Reason: To ensure that the development will not compromise the free flow of traffic or highway safety during the operational phase of the development.

11. There shall be no permanent or temporary jumps or other equestrian relatedstructures erected, fixed or constructed within the site without the prior written approval ofthe Department.

Reason: In the interests of visual amenity given the prominence of the site in the open countryside.

12. Notwithstanding the provisions of the Town and Country Planning (PermittedDevelopment) Order 2012 (or any Order revoking and/or re-enacting that order with orwithout modification), the café (class 1.3) use hereby permitted shall not include deliveriesto clients off the premises or any activity involving such sales whether ancillary or incidentalto the use of the premises.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.

13. Notwithstanding the provisions of the Town and Country Planning (Use Classes)Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order2019 or any order amending, revoking or re-enacting these Orders, the buildings herebyapproved shall be used only for the purpose hereby approved, as tourist accommodationunits (class 3.6), wellness spa (Class 4.1), café (class 1.3) and residential apartment (class3.4), and shall not be used for any other purpose without the express grant of planningapproval from the Department.

Reason: To enable the Department to consider the implications of any subsequent change of use on the amenities of the area.

14. Prior to the installation of any external lighting on the equestrian arena withassociated stable block approved as part of this application, the details of a low level

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.

• 15. Prior to the commencement of the development hereby approved, details of secure and covered Cycle storage and EV Charging points shall be submitted to and approved in writing by the Department. The secure and covered Cycle storage and EV Charging points shall be provided strictly in accordance with the details, and thereafter retained as such.

Reason: to ensure this development complies with the energy efficiency requirements of the Strategic Plan and to future proof the development.

This approval relates to the following plans and documents:

• o Planning Letter (dated 24 December 2020);
• o Letter indicating Oatlands Farm Proposed Areas (19 January 2021);
• o Drawing Nos. 20/3026/01, 20/3026/02, 20/3026/03 rev A, 20/3026/04, 20/3026/05, 20/3026/06, 20/3026/09, 20/3026/10, 20/3026/11, 20/3026/12, 20/3026/14, and 20/3026/15, Received 19 January 2021,
• o Correspondence between the applicants and DOI Highways (received 1 April 2021);
• o Bat Survey Report received 23 April 2021;
• o Revised Bat Survey Report received 7 December 2021;
• o Photographs;
• o Drawing No. 20/3026/13 rev A, Received 18 January 2022,
• o Correspondence from Agent received 21 January 2022, and
• o Drawing Nos. 20/3026/07 rev A and 20/3026/08 rev A;
• o Letter from Agent (dated 5 April 2022), Received 12 April 2022.

This decision has been made for the following reasons(s) The application would not harm the use and enjoyment of neighbouring properties, or the character of the surrounding countryside and would comply with Strategic Policy 8, Business Policy 12, Environment Policies 15, 16, 19, 20, 21, and broadly aligns with Housing Policy 11 of the Strategic Plan 2016.

Date of Issue: 16th May 2022

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 £305); 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 £115). 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.