53995

==== PAGE 1 ====

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 Mr Shane & Mrs Susan Kermeen The Paddocks Stoney Mountain Road East Foxdale IM4 3HJ 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 Shane & Mrs Susan Kermeen, Ref 21/00380/B, for the Erection of a replacement agricultural building and creation of a horse carriage driving arena at Cronk Vane Stoney Mountain Road Eairy Isle Of Man IM4 3HJ. 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. Within 28 days of the completion of the approved building, the building annotated to be demolished on the submitted plans (annotated on Siting for Demolished Sheds drawing date received 23 April 2021), must be demolished and the site made good and the ground restored to grazing agricultural use. Reason: The application has been assessed on a one for one basis and to accord with the proposed works and to enhance the character and appearance of the countryside. The proliferation of unwarranted structures would result in an adverse impact on the wider countryside. 3. The arena hereby approved must only be used for private equestrian purposes in association with the residential dwelling 'Cronk Vane' Stoney Mountain Road, Eairy and not for any commercial use. Reason: The application has been assessed on a personal basis only and not for any commercial use.

==== PAGE 2 ====

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 4. The built development hereby approved must only be used for agricultural purposes and/or private equestrian purposes in association with the residential dwelling 'Cronk Vane' Stoney Mountain Road, Eairy and not for any commercial use. Reason: The application has been assessed on a personal basis only and not for any commercial use. 5. In the event that the building hereby approved is no longer used or required for the stabling of horses or agricultural animals and/or the storage of associated equipment the building hereby approved shall be removed and the ground restored to its former condition, within 6 months of the date the use ceased. Reason: The building has been exceptionally approved solely to meet the specific use based on the information provided, and its subsequent retention would result in an unwarranted intrusion in the countryside. 6. For the avoidance of doubt no approval is hereby given for any external lighting to be installed to the arena. Reason: In the interest of visual amenities of the landscape/countryside This approval relates to Application Detail, Location Plan, Existing Site Plan, Site Photographs, Proposed Site Plan and drawing number P7016-01 Rev A all date stamped and received 26/03/2021, site sections and levels date received 28/05/2021, Siting for demolished buildings date received 23/04/2021 and email from applicant dated 16/06/2021. This decision has been made for the following reasons(s) Subject to those conditions requiring removal of an existing building, no commercial use and no external lighting the application is considered to accord with General Policy 3(f), Environment Policies 1, 19, 20 and 21 of the Strategic Plan 2016. Date of Issue: 10th August 2021 Director of Planning and Building Control

==== PAGE 3 ====

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 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.