DEC Decision Notice

Mr Lee McCarthy Ballachrink Farm Dalby Isle Of Man IM5 3BN

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 Lee McCarthy, Ref 23/00584/B, for the To erect a new stable block which consist of two stables, a hay store and change of use to equestrian use at Field 334666 Ballachrink Farm Dalby Isle Of Man IM5 3BN .

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. In the event that the stable building approved is no longer used or required for the stabling of horses, the stable building and its associated hardstanding shall be removed and the ground restored to its former condition within 24 months of the date the use ceased.

Reason: The stable building has been exceptionally approved solely to meet the specific need based on the information provided and its subsequent retention without that need would result in an unwarranted stable building in the countryside. The restoration time limitation takes into account the length of time it can take to find a new horse as per the applicants email dated 31/10/2023.

• 3. The building hereby approved must be used only for equestrian purposes in association with the residential dwelling Ballachrink Farm and shall not be used for any commercial use or commercial purposes.

Reason: The application has been assessed on this private use only as requested in the application for the stabling of horses and keeping of equipment and feed in association with the horses.

• 4. The building must be finished externally in accordance with the details listed under 'Formation of Stable Block' on approved elevation and roof plan drawings (dwg: 01, 02, 03, 04, 05 and 06) and retained thereafter.

Reason: The application has been assess on this basis and in the interest of visual amenities of the area and impact of the building in the landscape.

• 5. The planting as shown in drawing 08 rev 004 (received 25/07/2023) shall be planted within the first available planting season following the first use of the building approved, and in the event any of those plants die within 5 years of planting they shall be replanted with native species and all shall be retained and maintained thereafter.

Reason: The application included additional planting and this would assist in further visual mitigation to the stable in the interest of visual amenities of the area and impact of the building in the landscape.

• 6. The change of use of land to private equestrian use relates only to the area outlined in red as shown on drawing number BCF-002-23-07 01 rev 004 Site Location Plan received 25/07/2023. Reason: The application has been assessed on this area only for private equestrian use.
• 7. In the event that the stable building is removed in line with C2 above, the equestrian use of the land must also cease.

Reason: the equestrian use of the land is considered on an exceptional basis for the need for horse grazing and in the event that need ceases the land shall also revert to its original use and purpose.

• 8. For the avoidance of doubt there shall be no permanent siting or any external storage of any horse jumps, horse boxes or any other associated equestrian paraphernalia on the land edged red on drawing number BCF-002-23-07 01 rev 004 Site Location Plan received 25/07/2023

Reason: The application has been assessed on the change of 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.

• 9. There shall be no external lighting at the site unless 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 to ensure no harm to the dark skies and surrounding countryside.

This approval relates to the following drawing numbers and information:

• BCF-002-23-01 - proposed front elevation
• BCF-002-23-02 - proposed rear elevation
• BCF-002-23-03 - proposed side elevations
• BCF-002-23-04 - proposed floor plan
• BCF-002-23-05 - proposed roof plan
• BCF-002-23-06 - proposed floor slab

• All date received 31/05/2023

• BCF-002-23-07 01 rev 004 - site location plan
• BCF-002-23-08 rev 04- site plan Supporting statement

• all dated 25/07/2023 Emails from the applicant re: condition timing dated 31/10/2023 NOTE The applicant is to be reminded to contact Manx Utilities in relation to undertaking the works given the proximity to electrical power infrastructure. This decision has been made for the following reasons(s) The need for a stable and use of the land for equestrian use has been demonstrated and the siting, size, design and finish of the proposed stable and equestrian use of the land is not considered to result in any material harm to the overall character or appearance of the locality or the rural landscape, and in the absence of any identified harm to the amenity and living conditions of the The Granary and Shilley Marrey the proposal is considered to meet the tests of Environment Policies 1, 19, 20 and 21 of the Strategic Plan 2016.

Date of Issue: 8th November 2023

J CHANCE 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.