Appeal Decision Letter and Notice

Mr & Mrs Brian Byers Ballagilley Farm Gooseneck Road Hibernia Ramsey Isle Of Man IM7 1EP

Telephone (01624) 685958 Email: [email protected] Contact: S Gallacher Our Ref: MEC /AP24/0044 Date: 15th January 2025

Dear Sir/Madam,

ON APPEAL

Appeal Ref: AP 24/0044 PA No: 24/00683/B Address: Field 624110 Ballagilley Farm Gooseneck Road Hibernia Ramsey Isle Of Man Proposal: Erection of equestrian building

I refer to the appeal in respect of the above planning application.

In accordance with the provisions of The Town and Country Planning (Development Procedure) Order 2019, I herewith give notice of the appeal decision.

The Minister for Environment, Food and Agriculture, the Hon C Barber MHK, has considered the report, concurs with the appointed person’s conclusions, and accepts the recommendation that the appeal should be allowed. Accordingly, she has directed that the Department’s decision to refuse the application should be reversed, and that the application should be Approved subject to conditions. Formal notice of this decision is attached.

Yours faithfully

Scott Gallacher Chief Officer

cc. Kinrade Associates Limited, Stella Maris, Mountain Road, Ramsey, IM8 2JJ

The Town And Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2019

Mr & Mrs Brian Byers Ballagilley Farm Gooseneck Road Hibernia Ramsey Isle Of Man IM7 1EP

In pursuance of her powers under the above Act and Order/Regulations, the Minister for the Department of the Environment, Food and Agriculture, the Hon C Barber MHK does hereby in the name of and on behalf of the Department APPROVE planning application 24/00683/B by Mr & Mrs Brian Byers for Erection of equestrian building - Field 624110 Ballagilley Farm Gooseneck Road Hibernia Ramsey Isle Of Man subject to the following conditions:-

Conditions Of Approval:

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.

1. The development hereby permitted shall be constructed in accordance with the submitted Drawing No SM24/614/2.

Reason: To ensure the use of materials appropriate to the development in order to safeguard the visual amenities of the area, in accordance with policy GP2 in the Adopted Isle of Man Strategic Plan (2016).

1. Prior to the commencement of the development hereby approved, details of a landscape scheme shall be submitted to and approved in writing by the Department. All planting, seeding, and any earthworks comprised in the approved details of landscaping shall be carried out in the first planting season following the substantial completion of the development; and any trees or plants which, within a period of 5 years from the completion of the development, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. Thereafter, all soft and hard landscape works shall be permanently retained in accordance with the approved details.

Reason: To ensure the provision of an appropriate landscape setting to the development, and to safeguard the appearance of the development and the surrounding area.

1. Prior to the commencement of the development, hereby permitted, details of biodiversity mitigation measures in respect of Protected Species (Bats) and nesting birds shall be submitted to and approved in writing by DEFA Planning. Such details shall cover avoidance of harm to protected species, and nesting birds. The mitigation measures and biodiversity enhancement shall make provision for at least 3 bird nest boxes to be erected high up on the northern elevation of the new building, but not above windows or doors; and, that 3 boxes suitable for swifts are erected. Following written approval of the scheme by DEFA, these details shall be implemented in full prior to the first use of the private equestrian facility and shall, thereafter, be retained and maintained for the lifetime of the development.

Reason: For the conservation and protection of legally protected species, in accordance with the requirements of the Wildlife Act 1990 and Environment Policies 4 and 5 in the Adopted Isle of Man Strategic Plan 2016.

1. Details of foul and surface water drainage to serve the development, hereby approved, shall be submitted to and approved in writing by DEFA Planning. Such approved drainage scheme shall be installed prior to the development hereby permitted being first occupied and shall thereafter be retained and maintained.

Reason: To ensure that the site is adequately drained.

1. Prior to the construction of any of the development hereby permitted above finished ground floor level, all details of any external lighting to be applied to the building surfaces or at ground level around the site shall be submitted to and approved in writing by DEFA Planning and any external lighting to the development shall thereafter comply with the details approved.

Reason: To minimise the impact of the development on Bats, Birds and any other Protected Species and safeguard the rural character and amenities of the area including minimising the impact of the development on the rural night sky.

1. The development hereby permitted shall be occupied and used only as a private equestrian facility for the benefit of the occupants of Ballagilley Farm, their employees, friends and associates, and it shall not be operated as a facility open to the general public or sold or sub-let without first obtaining planning permission.

Reason: To ensure that the private equestrian facility remains as part of the planning unit comprising Ballagilley Farm. This is due to the size and scale of the development, and its close proximity to the Ballagilley Farm, and Farmhouse all of which are residential units of living accommodation located in the open countryside in an area where planning permission for a separate equestrian facility closely related to adjoining living accommodation would not be granted unless there was an identified and justified need; and, to protect the residential amenities of occupants of these adjoining buildings. This accords with the provisions of General Policy 3 b) and g); and, Environment Policies 1 and 22iii) in the Adopted Isle of Man Strategic Plan (2016).

Reason for Approval:

The development would give rise to only very slight impact on the character and appearance of the Northern Uplands Landscape Character Area and would slightly benefit highway safety and animal welfare such that on balance the proposal is acceptable with respect to General Policy 2 and Environment Policies 1 and 20 of the Isle of Man Strategic Plan 2016.

NOTE: This approval relates to the submitted documents and drawings all received on 24th June 2024.

Date of issue 15th January 2025 By Order of the Minister

Scott Gallacher Chief Officer

Note 1: A copy of the report of the appointed person is appended hereto.

Note 2: All parties should note that there is no prescribed right of appeal relevant to the Minister’s decision herein and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within 3 months.

Note 3: The letter which accompanies this notice forms part of the notice in accordance with Article 13 (3) of the Town & Country Planning (Development Procedure) Order 2019.