DEC Decision Notice

Ms Andrea Kruger 19 KENSINGTON ROAD Douglas IM1 3EP

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 Mrs Michele Richardson, Ref 21/00182/B, for the Creation of all weather outdoor riding area at Ellan Farm Jurby East Isle Of Man IM7 3HA .

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. There shall be no external lighting of the development hereby approved other than in accordance with the lighting shown on the approved drawings. Reason: In the interests of the character and appearance of the site and surrounding area.
• 3. The outdoor riding area shall be for private equestrian use only by the occupants of "Ellan Farm" and not for any commercial or private livery use.

Reason: The application has proposed the outdoor riding area be for private use only and it has been considered on this basis only.

• 4. For the avoidance of doubt no permission is hereby granted for the extension of the residential curtilage of the existing dwelling "Ellan Farm".

Reason: To ensure there is not domestication of the countryside and in the interest if the visual amenities of the countryside.

• 5. No development shall take place until full details of soft landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new native hedgerow showing, type, size and position of each. All planting, seeding or turfing

comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the outdoor riding area, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: To ensure the provision of an appropriate landscape setting to the development. This approval relates to the submitted documents and drawings 2100/PL1000 and 2100/PL1001 all received on 28.04.2021. NOTE All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to:

• o intentionally or recklessly kill, injure or take any wild bird
• o intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in use or being built
• o intentionally or recklessly take or destroy the egg of any wild bird
• o intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird. The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine up to 10,000 pounds. The bird nesting season is usually between late February and late August or late September in the case of swifts, swallows or house martins.

This decision has been made for the following reasons(s) It is considered the proposal would comply with EP1 and E16 of the IOMSP. Date of Issue: 28th May 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.