DEC Decision Notices

Cornerstone Architects 79 Parliament Street Ramsey Isle Of Man IM8 1AQ

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 James Radcliffe, Ref 20/01435/B, for the Construction of a horse manege (retrospective) at Field No. 124965 Ardonan Nurseries Ardonan Lane Regaby Ramsey IM7 3HN.

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. Within 3 months of the date of this approval becoming final, a proposed landscaping scheme shall be submitted to and approved in writing by the Department showing details and timing of planting to the perimeter of the menage and boundary hedging to the west and fencing / screening proposals to the west elevation of the menage.

The proposed planting shall take place in accordance with the approved details and any trees / bushes which, within a period of 5 years from their first planting, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation.

Reason: In the interest of rider safety to ensure adequate screening and no line of sight between the users of the menage and the uses within the adjacent agricultural field.

• 2. The manège and barn may only be used for the keeping and exercising of horses and associated uses connected to Ardonan Nurseries, Ardonan Lane, as the site, as defined in red and blue on the approved plans. Reason: To safeguard the surrounding amenities and highway useage.
• 3. No lighting may be installed in connection with the stables or manege without planning approval.

Reason: to protect the amenities of the countryside and the Dark Skies and Biosphere status of the Island.

This approval relates to drawings referenced; 001; 002; 010, date stamped received on 10 January 2021.

This decision has been made for the following reasons(s) This planning application has proved to be acceptable in terms of the agricultural need satisfying General Policy 3, and the proposed use, scale, siting and form of enclosure would be in accordance with Environment Policy 15 and 19, 21 with a neutral impact upon the countryside in accordance with Environmental Policy 1.

Date of Issue: 1st September 2021

Director of Planning and Building Control

Guidance Note

This decision was made by the 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.

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 £295); 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 £110). 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.