DEC Decision Notice

Mr Richard Kneen The Old Bakery Cottage Main Road Foxdale IM4 3EQ

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 Richard Kneen, Ref 22/01117/B, for the Alterations and extensions to existing agricultural building for housing of animals and storage of feed and equipment at Field 314584 Ballaneven Farm Poortown Road Peel 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 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. For the avoidance of doubt the existing building and the proposed extensions shall only be used for the keeping and care of horses and agricultural animals, and for any agricultural feed or equipment associated with the keeping and care of those horses or animals.

Reason: Taking into account the original approval of the building under 98/01196/B and the proposed agricultural use of the extensions as part of this application.

• 3. In the event that the extension hereby approved is no longer used or required for the keeping and care of agricultural animals and for any associated agricultural feed or equipment storage, the extension hereby approved shall be removed and the ground restored to its former condition, within 6 months of the date the use ceased.

Reason: The extension has been exceptionally approved solely to meet the specific agricultural use based on the information provided, and its subsequent retention would result in an unwarranted intrusion in the countryside.

• 4. The new hardstanding area hereby approved, and the existing hardstanding area indicated to be re-surfaced (not including the existing access lane and turning area to the

building) on 'Site Layout Plan SL01' shall both be finished in a permeable surface and retained thereafter.

Reason: In the interest of reducing surface water run-off.

• 5. The new sod banks hereby approved shall be fully installed within 12 months of the existing sod banks being removed. The new sod banks shall be installed in full accordance with those details shown on 'Site layout Plan SL01' and 'Sod Bank Section BAFSB01' and retained thereafter. Reason: In the interest of visual amenity and bio-diversity.
• 6. All landscape planting detailed within the submitted 'landscape plan' and 'supporting statement' shall be carried out in the first planting season following the completion of the development or the occupation of the approved agricultural extension, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Reason: In the interest of visual amenity and bio-diversity. This approval relates to drawing numbers

• o FP01 - floor plans existing and proposed
• o SL01 - site layout plan
• o SP01 - site plan
• o LP01 - Location plan
• o PP01 - proposed plan
• o EP01 - existing plan
• o SB01 - Sod Bank typical section
• o E01, E02, E03 - Elevations - existing and proposed
• o Supporting Statement
• o Agricultural Questionnaire all date stamped and received 30/08/2022.
• o Landscape Plan
• o Landscaping supporting statement both date received 02/12/2022.

NOTE The applicant is to be advised that there should be no vegetation or scrub removal between 1st March - 31st August in any year to avoid nesting birds. The applicant is to be reminded that it is an offence under the Wildlife Act 1990 to harm nesting birds.

NOTE The applicant is to be advised sod bank should not be removed between 1st October - 31st March in any year. When removing any sod banks during the active lizard season the bank should be removed from the middle first and working outwards to allow lizards time to relocate. The applicant is to be reminded that it is an offence under the Wildlife Act 1990 to harm a protected species which includes lizards.

This decision has been made for the following reasons(s) Subject to conditions and notes in respect of the buildings approved use, landscaping and hardstanding works and sod bank replacement the extension and alterations works to the existing building and sod bank works are considered to have an acceptable visual and amenity impact and not to result in any adverse harm or loss to woodland area or harm to known habitats in accordance with EP1, EP2, EP3, EP4, EP15, EP27 and GP3(f) of the Isle of Man Strategic Plan 2016.

Date of Issue: 18th January 2023

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.