DEC Decision Notice

Technical Drawing Services 8 - 10 Barbican House Malew Street Castletown Isle Of Man IM9 1AB

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 Sally Vanveen, Ref 21/00666/B, for the Alterations, erection of detached equestrian building to provide stables and arena and erection of detached field shelter with associated hard standings at Fields 522650 & 522652 Hampton Court Quines Hill Port Soderick Isle Of Man IM4 1AZ.

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. The arena hereby approved must only be used for private equestrian purposes in association with the residential dwelling 'Hampton Court, Quines Hill and not for any commercial use or private livery use.

Reason: The application has been assessed on a personal basis only and not for any commercial use.

• 3. The indoor equestrian arena and stables hereby approved shall be used only in connection with Hampton Court for equestrian purposes and may not be let out separately therefrom.

Reason: The Department has assessed the impact of the proposal on the basis of the specified use and the documents submitted and to enable the Department to consider the implications of any subsequent change on the amenities of the area.

• 4. In the event that the building hereby approved is not used or required for agricultural or equestrian purposes for a period exceeding 12 months, the arena buildings

hereby approved shall be removed and the ground restored to its former condition within 18 months of its last use.

Reason: The building has been exceptionally approved solely to meet equestrian need and its subsequent retention would result in an unwarranted intrusion in the countryside.

• 5. There shall be no external storage of plant, machinery, materials or vehicles outside of the building identified on the approved drawings, unless otherwise agreed in writing by the Department. Reason: To protect the character of the area and agricultural use of the land.
• 6. The external roof on the new arena building must be a dark green colour and retained thereafter. Reason: In the interests of the character and appearance of the site and surrounding area.
• 7. Prior to the commencement of the development hereby approved, a tree protection plan for retained trees in accordance with BS5837:2012 showing construction exclusion zones, the precise location and specification of protection fencing/ground protection measures, and places where signage will be erected shall be submitted to and approved in writing by the Department and shall be fully installed and implemented and retained for the duration of the construction process, unless stated otherwise.

Reason: to ensure that all trees to be retained are adequately protected from damage throughout the construction period to protect and enhance the appearance and character of the site and locality.

• 8. No site clearance, preparatory work or development shall take place until a tree planting plan, which also includes details of planting/banking to northwest of the equestrian building - taking the overhead cables into account, is submitted to and agreed in writing by the Department. Where applicable the plan shall adhere to the recommendations of BS8545:2014 (Trees: from nursery to independence in the landscape - recommendations) and in all cases shall include the following details:

• (a) the exact location, species, nursery specification and planting specification of each tree (or group of trees) to be planted. Where groups or larger areas are to be planted please state the area and planting density.
• (b) the approximate date when they are to be planted
• (c) how they will be maintained until successfully established.

The tree planting shall take place as agreed and any trees 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: to ensure an appropriate standard of visual amenity in the local area, that the development is appropriately landscaped to sit comfortably and acceptably in its location and to ensure appropriate landscaping in relation to the overhead cables.

• 9. For the avoidance of doubt no approval is hereby given for any external lighting to be installed to or on the arena. Reason: In the interest of visual amenities of the landscape/countryside. This approval relates to drawings received on 21 July 2021, referenced;

Proposed Plans and Elevations of new barn - 426-02 RevA. Proposed Rear and Side Elevations of new barn - 426-02 RevC.

and amended drawings received on 2 September, referenced; Revised Field Shelter and site plan - 426-01 RevB. Revised Arena Site and Location Plan - 426-03 RevB.

Revised Site Location Plan - 426-04 received on 3 September, 2021. Proposed Section - 426-05 RevA. received on 26 August, 2021. NOTE The applicant is encouraged to utilise energy efficient lighting for the internal illumination of the building.

NOTE The applicant is advised that there are Overhead Lines present in the area indicated in the planning application. Please contact Anthony Kinrade or Ian Horsey, Operations and Maintenance Department, Network Services, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may need to be diverted before any work can be carried out on site.

The applicant is also advised to contact the Manx Electricity Authority for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site. All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 and GS6.

This decision has been made for the following reasons(s) It is considered that the planning application is in accordance with General Policy 3, Environment Policies 1, 21 of the Isle of Man Strategic Plan 2016.

Date of Issue: 20th October 2021

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

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.