**Document:** DEC Decision Notice
**Application:** 19/00050/B — Erection of timber horse training pen.
**Decision:** Permitted
**Decision Date:** 2019-04-04
**Parish:** Rushen
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/29787-rushen-mine-cottage-ballakilpheric-road-timber-horse-training/documents/1048475

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# DEC Decision Notice

Nicola Mcdowell Mines Cottage Ballakilpheric Road Colby Isle Of Man

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Nicola Mcdowell, Ref 19/00050/B, for the Erection of timber horse training pen. at Mine Cottage Ballakilpheric Road Colby Isle Of Man subject to compliance with the following condition(s) and notes (if any):

- 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

- 2. Prior to the coming into use of the approved equestrian building the external timber must be painted dark green, unless another colour has been agreed in writing by the Department, and retained as such thereafter. Reason: In the interest of visual amenity.
- 3. The internal lighting hereby approved must not be illuminated between the hours 2200 - 0700 hours daily. Reason: In the interest of visual and local amenity.
- 4. The internal lighting hereby approved must not exceed 300lux unless otherwise approved in writing by the Department Reason: In the interest of visual and local amenity.
- 5. There shall be no external lighting on the development hereby approved. Reason: In the interests of the character and appearance of the site and surrounding area.
- 6. The equestrian building hereby approved shall only be used by the occupant/s of Mines Cottage, Ballakilpheric, Colby.

Reason: To protect the amenities of the countryside, and that the application has been assessed on the basis that it is to be used in association with and by the occupants of Mines Cottage. The building could not easily be converted to any other use and any separate use would need to be assessed as part of its own separate application.

- 7. The approved equestrian building shall be for private use only and not for any commercial use. Reason: In the interest of highway safety.
- 8. The equestrian building hereby approved shall, within three months of the need for its use ceasing or in the event that it is no longer used or required for equestrian-related purposes be removed and the ground restored to its former condition.

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.

The approval relates to 2 x site plan, 1 x location plan, 2 x proposed general arrangement, drawing ref: 1, 2, 3, 4, 5, 6 and 7, and 1 x page showing images and spec summary all date stamped and received 21/01/2019.

Date of Issue: 4th April 2019

## Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner in accordance with the authority delegated to them.

All correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.

https://www.gov.im/planningapplication/services/planning/search.iom This decision refers only to that applied for under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

-  Payment of a planning appeal fee as prescribed in the current Fees Order;
-  The reasons for making the appeal; and
-  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

### PleasenotethatifthecountercopyoftheapplicationisnotcollectedwithinTHIRTY DAYS following the last date on which a planning appeal can be made it will be destroyedwithoutfurthernotice.

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/29787-rushen-mine-cottage-ballakilpheric-road-timber-horse-training/documents/1048475*