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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 Wilson Consulting Limited Kempis House Orrisdale Road Ballasalla Isle Of Man IM9 3AE 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 Mike & Ann Atkinson, Ref 20/00361/B, for the Erection of barn and equestrian manege at Land Adj To Seaview Oak Hill Port Soderick 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. No development may be commenced nor any equipment, machinery or materials be brought onto the site for the purposes of the development until the Construction Exclusion Zone (CEZ) has been fenced off in accordance with the approved Manège Plan, drawing 227/021. The fencing shall be maintained in position until the development is complete and within the CEZ nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit. Reason: to ensure the construction exclusion zone is effective at excluding those activities which may be damaging to retained trees by clearly marking the boundary of the area and preventing construction activity accidentally straying in to a restricted area. 3. No development of the manege shall commence on site until a programme of archaeological work has been submitted to and approved in writing by the Department. The programme shall indicate the degree of supervision by a qualified archaeologist and the exclusion zones for heavy groundwork machinery. The development shall not be carried out unless in accordance with the programme of archaeological work so approved.
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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 Reason: To ensure that archaeological remains and features are adequately recorded. 4. The manège and barn may only be used for the keeping and exercising of horses and associated uses by the owners of the site as defined in red and blue on the approved plans and may not be used for any commercial use. Reason: The proposal is for a private facility and the use of the site by others or for a commercial purpose may have a different and potentially harmful impact on the surrounding amenities and highways. 5. Other than the lighting shown as to be attached to the gable ends of the proposed building on drawing 227/020, there shall be no other external lighting installed at the building and no external lighting installed at the manege. Reason: In the interest of visual amenity. 6. There shall only be one barn and one manege erected and constructed on the land shown red and blue on drawing number 227/001 date stamped 26 March 2020. Reason: The application is intended to be an alternative to 17/00855/B and to ensure that only one planning approval is implemented in the interests of the visual amenities of the area. This application relates to drawing numbers 227/001, 227/002, 227/020, 227/021 and covering letter all date stamped and received 26/03/2020. This decision has been made for the following reasons(s) The proposal by reason of its re-configuration of a previous approval, its acceptable visual impact, its limited impact on neighbouring amenities and highway safety and limited impact on the designated woodland and ancient monument both subject to necessary conditions, the application is considered to be acceptable and to meet with the tests of Environment Policies 1, 2, 3, 19, 20, 21 or 40 Date of Issue: 20th July 2020 Director of Planning and Building Control
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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 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 £285); 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 £100). 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.
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