191345

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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 AMG Investments Mrs Natalie Wiseman The Office, Ballamona Estate Oak Hill Port Soderick 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 24/00187/B, for the Erection of a field shelter, associated stables, and storage; additional use of agricultural field for equestrian use. at Field 524940 Quines 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. 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. 3. The development hereby permitted shall be occupied as a private equestrian facility for the benefit of the occupants of the Ballamona Estate, their employees 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, the approval of existing related equestrian development, and its close proximity to the

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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 Ballamona Estate Barn, Farmhouse, Manor House and Mill all of which are located in the open countryside 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, Mill and residential properties in Quines Hill. This accords with the provisions of General Policy 3 b) and g); and, Environment Policy 1 and 22iii) in the Adopted Isle of Man Strategic Plan (2016). 4. 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 Arboricultrural Impact Assessment (AIA) and Tree Protection Plan - prepared by Manx Roots Tree Management (dated August 2022) - shall be erected around the 'Construction Exclusion Zone' shown on this plan, especially for Tree Groups 01, where it abuts the area 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. The development should be carried out strictly in accordance with the following approved plans, documents and details: Drawing No. 2202-FS-00 - Location Plan; Drawing No. 2202-FS-02 - Proposed Site Plan; Drawing No. 2202-FS-03 - Proposed Plans and Elevations; Design and Access Statement dated January, 2024; Arboricultural Impact Assessment; Tree Protection Plan (TPP) & Method Statement produced by Manx Roots Tree Management and dated March, 2022 and March 2024. all date stamped received on 15 February, 2024, unless otherwise indicated above. This decision has been made for the following reasons(s) Overall it is concluded that the planning application for the erection of a stable block, field shelter and associated storage facilities; and, the use of land for the equestrian purposes 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: 23rd May 2024 J CHANCE 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 a Principal Planner in accordance with the authority delegated to them. 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.