DEC Decision Notice

Kinrade Associates Limited Stella Maris Mountain Road Ramsey IM8 2JJ

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 subordinate Orders and Regulations, the Department of Environment, Food and Agriculture determined to REFUSE an application by Mr & Mrs Brian Byers, Ref 24/00683/B, for the Erection of equestrian building at Field 624110 Ballagilley Farm Gooseneck Road Hibernia Ramsey Isle Of Man IM7 1EP for the following reason(s):

1. The size and scale of the proposed equestrian building in this upland location would result in an overly large structure being sited in a visually sensitive, upland landscape setting, which would be visible from a wide area surrounding the site, particularly from the eastern slopes and summit of North Berrule; the A2 main road running past the site to the east; and, from the higher ground to the north, and to the east at Maughold which is located close to the coast, and affords a more distant view of the site and proposed development. This would result in an unacceptable degree of visual harm the character of the site and its surroundings. Overall, the proposal fails to comply with the provisions of General Policy 2 b), c) and g); Environment Policy 1; and, Environment Policy 20 in the Isle of Man Strategic Plan 2016; and, the Landscape Strategy as outlined in the Isle of Man Landscape Character Assessment (2008), where the site is recognised as being within the A1 - NORTHERN UPLANDS Landscape Character Area.

Date of Issue: 20th August 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Acting Head of Development Management 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.

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 £355); 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 £130).

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.