Appeal Letter and Notice

Brigittes Sanctuary 30 Meadow Court Ballasalla IM9 2DP

Telephone (01624) 685958 Email: [email protected] Contact: Tim Cowsill Our Ref: MEC/AP25/0005 Date: 17th August 2025

Dear Sir/Madam,

ON APPEAL

Appeal Ref: AP25/0005 PA No: 24/91021/B Address: Field 434087 Douglas Road Ballasalla Isle Of Man IM9 2AN Proposal: Erection of stables and agricultural building, creation of hardstanding (part retrospective) and creation of pond (retrospective)

I refer to the appeal in respect of the above planning application.

I am directed to advise you that the Minister for Environment, Food and Agriculture, in pursuance of section 3(2) of the Government Departments Act 1987, has delegated responsibility for the determination of this appeal to Mr Lawrie Hooper, MHK.

In accordance with the provisions of The Town and Country Planning (Development Procedure) Order 2019, I herewith give notice of the appeal decision.

Mr Hooper, MHK on behalf of the Minister for Environment, Food and Agriculture, has considered the report, concurs with the appointed person’s conclusions, and accepts the recommendation that the appeal should be dismissed. Accordingly, he has directed that the Department’s decision to approve the application should be upheld, and that the application should be Approved subject to conditions. Formal notice of this decision is attached.

Tim Cowsill Chief Officer

cc. Cornerstone Architects, 79 Parliament Street, Ramsey, Isle Of Man, IM8 1AQ

The Town And Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2019

Brigittes Sanctuary 30 Meadow Court Ballasalla IM9 2DP

Appeal Ref: AP25/0005

In pursuance of his powers under the above Act and Order/Regulations, and under delegated powers from the Minister for the Department of the Environment, Food and Agriculture, Mr Lawrie Hooper, MHK does hereby in the name of and on behalf of the Department APPROVE planning application 24/91021/B by Brigittes Sanctuary for Erection of stables and agricultural building, creation of hardstanding (part retrospective) and creation of pond (retrospective) - Field 434087 Douglas Road Ballasalla Isle Of Man IM9 2AN subject to the following conditions:-

Conditions Of Approval:

1. The stables and midden enclosure 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.

1. The stables hereby approved must be used only for equestrian and associated storage purposes only and shall not be used for any commercial use or commercial purposes or open to the general public.

Reason: The application has been assessed on this private use only as requested in the application and to protect residential amenity and impact on highway network and the access.

1. The use of the field and stables are limited to the following animals being kept on the site, as set out in paragraph 4.1 of the Design Statement dated received on 26th November 2024;

1 x horse 1 x pony (out on loan) 2 x ponies (stabled elsewhere) 10 sheep 38 geese

No other animals/birds shall be accommodated on the site.

Reason; The application has been assessed on the information submitted and to minimise the potential for noise disturbance and to prevent loss of amenity to nearby residential properties in accordance with GP2 and EP22.

1. Prior to the stables and midden enclosure being brought into use an animal husbandry management plan shall be submitted to and approved in writing by DEFA Planning, the plan shall include the following;

• a list of animals to be kept on the site, including any returning and those already there (as based on condition 3);
• sub-division and allocation of the fields; and
• proposed animal rotation within the pattern of field division including timing of the rotation.

The approved scheme shall be implemented in full on the first commencement of the use of the stables and midden and maintained thereafter.

Reason: To minimise the potential for noise disturbance and to prevent loss of amenity to nearby residential properties in accordance with GP2 and EP22.

1. The owner/operator of the stables shall maintain an up-to-date register of the animals kept on the site. This register shall be submitted to DEFA Planning within one month of the stables and midden enclosure being brought into use and thereafter submitted to DEFA Planning on an annual basis made available within 1 calendar month of a written request by the DEFA Planning and, details of an annual update on the animals kept on the site, unless or until there are no animals remaining at which point the owner/operator shall inform DEFA Planning (as based on condition 3 and the point above).

Reason: The stable block and midden enclosure has been permitted solely in conjunction with the applicants existing use and its subsequent retention without that need would result in an unwarranted feature in the countryside contrary to Strategic Policy 4 and General Policy 2 of the Isle of Man Strategic Plan 2016.

1. The stables shall not be brought into use until the midden enclosure is available for use.

Reason: To protect the amenities of the neighbouring properties in accordance with EP22.

1. Prior to the midden enclosure being brought into use a surface water management plan shall be submitted to, and approved in writing by, DEFA Planning. The development shall be carried out in accordance with the approved scheme prior to the midden first being brought into use and maintained in a serviceable manner.

Reason: To protect the amenities of the neighbouring properties in accordance with EP22.

1. In the event that the stable block and midden enclosure are no longer used or required for the approved use, they shall be removed and the ground restored to its former condition within 12 months of the date the use ceased.

Reason: The stable block and midden enclosure has been permitted solely in conjunction with the applicant's existing use and its subsequent retention without that need would result in an unwarranted feature in the countryside contrary to Strategic Policy 4 and General Policy 2 of the Isle of Man Strategic Plan 2016.

1. For the avoidance of doubt there shall be no permanent siting or any external storage of any horse jumps or trailers or farm machinery or any other associated equestrian paraphernalia on the land edged red on Drawing No. 001 Rev A.

Reason: The application has been assessed on the use of the fields for general exercise and grazing only and not for any other use. In the interest of ensuring no overspill of equestrian equipment over the fields in the interest of visual amenity.

1. The proposed sod hedge/bank and associated planting shall be constructed in full accordance with the details shown on the approved drawings (drwg. no. 001 Rev A). The planting as approved shall be carried out in the first planting season following the completion of the sod banks and the stables and midden shall not be brought into use until the sod banks are completed. Any trees, shrubs or plants that die within a period of five years from the completion of each development phase, or are removed and/or become seriously damaged or diseased in that period, shall be replaced (and if necessary continue to be replaced) in the first available planting season with others of similar size and species.

Reason: To safeguard the visual amenities of the locality and in the interests of biodiversity.

1. The area of hardstanding shown on Drawing no 001 Rev A (received on 26th November 2024) marked as area to be returned to grassland shall be removed and returned to grassland before the stables are first brought into use.

Reason: For the avoidance of doubt and in the interests of Neighbouring Amenity, as well as character and appearance of the rural landscape.

1. There shall be no external lighting at the site unless a 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 in the interests of Neighbouring Amenity.

1. The existing structures on site shall be removed from the site within one month of the new stable block being ready for use.

Reason: To ensure proper control of the development in the open countryside and to reflect the information provided in the application.

1. Prior to commencement, the first 6m of the existing entrance track into the field must be a consolidated/bound surface.

Reason: in the interest of Highway Services and Drainage

NOTE: This decision relates to the following plans and drawings, date received on 6th September 2024;

Drawing No. 101 Drawing No. B372-LS-01 Drawing No. B372-LS-02

This decision also relates to the following drawings dated received on 26th November 2024;

Drawing No. 001 Rev A Drawing No. 100 Rev A

Design Statement Site Photos

Page 3 of 4

Reason for approval:

The proposed development is considered to be acceptable having demonstrated a functional need for new stables, pond and hardstanding and use of the land to accommodate the specific circumstances of the Applicant, Brigitte's Sanctuary. This is subject to prescribed conditions to secure the relationship of the permitted amenities to meet the needs of the specified animals cared for at the behest of Miss Brigitte Simcocks (Brigitte's Sanctuary). In such circumstances of low-level use, without public access, the development can be delivered without significant detriment to the visual amenities of the immediate locality and wider landscape. The proposals will not harm the amenity of residential properties in the area or highway safety and is considered to be acceptable in this regard. The proposals are therefore considered to be in accordance with Spatial Policy 5, General Policies 2 and 3, and Environment Policies 1, 19, 21, and 22 and Transport Policies 4 of the Strategic Plan (2016).

Date of issue 17th September 2025 By Order of the Minister

Thin Cowen Chief Officer

Note 1: A copy of the report of the appointed person is appended hereto.

Note 2: All parties should note that there is no prescribed right of appeal relevant to the Minister's decision herein and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within 3 months.

Note 3: The letter which accompanies this notice forms part of the notice in accordance with Article 13 (3) of the Town & Country Planning (Development Procedure) Order 2019.