DEC Decision Notice

AMG Investments Mrs Natalie Wiseman The Office Ballamona Farm Oak Hil Port Soderick Isle Of Man IM4 1AT

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 AMG Investments, Ref 22/01386/B, for the Proposed erection of private equestrian facilities in fields 524030, 524029 and 522779, Ballamona Estate, Quine's Hill, Port Soderick. These facilities include an indoor riding arena with associated stabling, tack, and equipment stores. along with an outdoor manage, hay barn, field shelter, and associated landscaping. This application is intended as an amendment to the previously approved scheme PA 12/01285/B at Fields 524030, 524029 & 522779, Ballamona Estate Oak Hill Port Soderick Isle Of Man IM4 1AT .

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 development for the private equestrian facilities including an indoor riding arena with associated stabling, tack, and equipment stores, hereby permitted, shall be constructed in accordance with the approved details as outlined on the submitted Drawings - Drawing No. 2201-PR-300 Rev. B.

Reason: To ensure that high quality materials are used for the private equestrian facilities which reflect and preserve the character of the site and adjoining Barn structure and Mill and impart a high quality finish in the interests of visual amenity.

• 3. The Solar PV Panels, hereby permitted, to be attached to the west facing roofslope of the private equestrian facilities as shown on Drawing No. 2201-PR-300 Rev. B., shall be

of a matt black (non-reflective) finish only. The Solar PV Panels shall be installed prior to the first use of the private equestrian facility and shall, thereafter, be retained and maintained for the lifetime of the development.

Reason: To ensure that high quality finish for the Solar PV panels is used which minimises reflection and glare and impart a high quality finish in the interests of visual amenity.

• 4. The development for the erection of the new Hay Barn, hereby permitted, shall be of steel frame construction with concrete panels to the sides up to 1.5m high with vertical timber boarding above to the walls, and a metal clad roof as shown on Drawing No. 2201PR-401 Rev. A unless otherwise agreed in writing with DEFA Planning.

Reason: To ensure that high quality materials are used for the Hay Barn which reflect and preserve the character of the site and adjoining Barn structure and impart a high quality finish in the interests of visual amenity.

• 5. The development for the erection of the new Field Shelter, hereby permitted, shall be of vertical wooden wall cladding, with a membrane sheet to cover the flat roof as shown on Drawing No. 2201-PR-402 Rev. A unless otherwise agreed in writing with DEFA Planning.

Reason: To ensure that high quality materials are used for the Hay Barn which reflect and preserve the character of the site and adjoining Barn structure and impart a high quality finish in the interests of visual amenity.

• 6. Prior to the commencement of development on site, including any works required for demolition, protective 'Heras' fencing as shown on the Tree Protection Plan Drawing submitted as part of the Arboricultural Impact Assessment (AIA) and Tree Protection Plan (2201-DOC-100) Appendix H:- prepared by Manx Roots Tree Management (dated July 2023) - shall be erected around the 'Construction Exclusion Zone' shown on this plan, especially for Tree Groups 1, 2 and 5, where they abut the areas of development. The protective fencing should be installed to form the construction exclusion zone in accordance with BS5827:2012. Such fencing shall be retained in the positions shown throughout the construction period for the development, hereby permitted. At no time before, during or after the construction period, when the fencing has been removed, shall any construction materials, machinery, liquids or fuel be stored within any of the 'Construction Exclusion Zones' shown and annotated as such on the Tree Protection Plan.

Reason: To ensure that trees to be retained on and around the site are protected throughout the construction period.

• 7. Prior to the first occupation of the development, hereby approved, a Landscaping Strategy shall be submitted to and approved in writing by the Local Planning Authority. The Landscaping Strategy shall include details of all planting and sowing, including size, species and numbers of trees and plants, ground preparation, management and maintenance, and measures to encourage and enhance the biodiversity of the site. The trees to be planted shall be Heavy Standard Trees of 12-14 cm girth, and no less than 300 - 350 cm in height, and shall be Manx native species. All planting, seeding, and earth works comprised in the approved details of landscaping shall be carried out in the first planting and season (November - March) following the substantial completion of the development whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

Reason: To ensure that the development provides an attractive environment and compensates for loss of trees and other habitats, in accordance with Policy GP2 b) c) and d); and, Environment Policy 1 in the Adopted Isle of Man Strategic Plan (2016).

• 8. Prior to the commencement of the development, hereby permitted, details of biodiversity mitigation measures in respect of Protected Species (Bats) and nesting birds shall be submitted to and approved in writing by DEFA Planning. Such details shall cover avoidance of harm to protected species, and nesting birds. The mitigation measures and biodiversity enhancement shall make provision for at least 3 bird nest boxes to be erected high up on the northern elevation of the new building, but not above windows or doors; and, that 3 boxes suitable for swift are erected. Following written approval of the scheme by DEFA, these details shall be implemented in full prior to the first use of the private equestrian facility and shall, thereafter, be retained and maintained for the lifetime of the development.

Reason: For the conservation and protection of legally protected species, in accordance with the requirements of the Wildlife Act 1990 and Environment Policies 4 and 5 in the Adopted Isle of Man Strategic Plan 2016.

• 9. Details of foul and surface water drainage provision to serve the development, hereby approved, shall be submitted to and approved in writing by DEFA Planning. Such approved drainage scheme shall be installed prior to the development hereby permitted being first occupied and shall thereafter be retained and maintained at all times.

Reason: To ensure that the site is adequately drained and does not increase the risk of flooding elsewhere.

• 10. Prior to the construction of any of the development, hereby permitted, above finished ground floor level, 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 prior to the development being first occupied and shall thereafter be retained and maintained at all times.

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

• 11. The development hereby permitted shall be occupied as a private equestrian facility for the benefit of the occupants of the Ballamona Estate, their employees, friends and associates only, and that it shall not be operated as a facility open to the general public, or sold or sub-let without first obtaining planning permission.

Reason: To ensure that the private equestrian facility remains as part of the planning unit comprising the Ballamona Estate. This is due to the size and scale of the development, and its close proximity to the Ballamona Estate, Barn and Farmhouse; Manor House; and, Mill all of which are residential units of living accommodation located in the open countryside in an area where planning permission for a separate equestrian facility closely related to adjoining living accommodation would not be granted unless there was an identified and justified need; and, to protect the residential amenities of occupants of the adjoining Barn, Farmhouse, Manor House and Mill. This accords with the provisions of General Policy 3 b) and g); and, Environment Policies 1 and 22iii) in the Adopted Isle of Man Strategic Plan (2016).

• 12. Following the cessation of the use of the development, hereby permitted, as a Private Equestrian Facility, if the equestrian use of the facility is not re-established within a

period of no more than 2 years from the date of cessation, the facility shall be dismantled and all materials removed from the site with the site being restored to grassland.

Reason: To maintain control over the use of the site in the interests of visual amenity. This approval relates to: Drawing No. 2201-EX-001 - Site Location Plan @ scale 1:2,000 showing site edged red and Estate Land edged blue - received 25th November, 2022;

• Drawing No. 2201-PR-101 Rev. B - Proposed Site Plan - received 17th July, 2023;
• Drawing No. 2201-PR-102 Rev. B - Proposed Site Plan - received 17th July, 2023;

• Drawing No. 2201-PR-401 rev. A - Proposed Hay Barn Floor Plans and Elevations - received 17th July, 2023;
• Drawing No. 2201-PR-402 rev. A - Proposed Field Shelter Floor Plans and Elevations received 17th July, 2023; Drawing No. 2201-PR-200 Rev. A - Proposed Ground and First Floor Plans - received 17th July, 2023;

• Drawing No. 2201-PR-300 Rev. B - Proposed South, and West Elevations - received 17th July, 2023;
• Drawing No. 2201-PR-301 Rev. A - Proposed North, and East Elevations - received 17th July, 2023;
• Drawing No. 2201-PR-302 Rev. B - Proposed Section - received 17th July, 2023;

Horse Walker Drawings - Consort Walker 45' Drawings 1, 2, 3 and 4 - received 25th November, 2022;

Arboricultural Impact Assessment (AIA) and Tree Protection Plan (2201-DOC-100) Appendix H:- prepared by Manx Roots Tree Management (dated July 2023) - received 31 July, 2023;

and Documents - all date stamped and received 25th November, 2022, 17th July, 2023 and 31st July 2023.

This decision has been made for the following reasons(s) Overall it is concluded that the planning application accords with the provisions set out in General Policy 2 b) c) d) g) i) l) and m) Environment Policies 1, 7, 19, 20, 21, and 22 of the Isle of Man Strategic Plan 2016.

Date of Issue: 9th August 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 £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.