**Document:** DEC Decision Notice
**Application:** 22/01205/B — Retention of construction compound area for use as a parking area for large equestrian horse boxes and trailers associated with the Equestrian arena (retrospective)
**Decision:** Permitted
**Decision Date:** 2024-01-30
**Parish:** Marown
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/55161-crosby-ballaclucas-farm/documents/1099651

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# DEC Decision Notice

Kay Associates Limited Southgate House 89 Circular Road Douglas Isle Of Man IM1 1AX

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 Matthew & Mrs Lynda Ingham, Ref 22/01205/B, for the Retention of construction compound area for use as a parking area for large equestrian horse boxes and trailers associated with the Equestrian arena (retrospective) at Ballaclucas Farm Top Road Crosby Isle Of Man IM4 4HN.

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 car park hereby approved shall be used only in association with the equestrian facility at 'Ballaclucas Farm' as outlined in blue on dwg P10-01 only.

Reason: a car park in this location is only considered acceptable and warranted given its connection and use by the established equestrian facility only and to which it relates in the interest of protecting the countryside from unwarranted development.

- 3. In the event that the car park is no longer required in association with the equestrian facility or the use of the equestrian facility ceases for a period longer than 24 months, the car park must be removed and the ground restored to its original agricultural field condition and retained as such thereafter.

Reason: the car park is only considered acceptable in relation to the operation of the equestrian facility and any retention without that facility would be unwarranted development in the countryside.

This approval relates to the following drawing and information:

- o A planning statement dated 30th October, 2023 from Sarah Corlett Town Planning Consultancy Ltd
- o Drawing P10-10 showing SUV plus horse box trailer
- o Drawing P10-11 showing large fixed axle horse box
- o Drawing P10-12 showing large fixed axle horse box T reverse turning
- o Covering Email from Sarah Corlett dated 20/11/2023

- - All date received 20/11/2023

o P10-01 - location plan o P10-02 - as approved site plan o P10-03 - as built site plan o Cover letter o Supporting statement by Kay Associates Ltd.

- - All date stamped and received 15/09/2022

This decision has been made for the following reasons(s) On the basis that suitable justification of need has been provided to outweigh the loss of high quality agricultural land, and minded of the acceptable visual, amenity and highway safety impacts, the proposal is considered to be acceptable and not at odds with General Policy 3, Environment Policies 1 and 2, and Environment Policies 15, 19, 20 and 21 of the Strategic Plan 2016. Conditions ensuring the car park remains for use by the equestrian facility only and the car parks removal and return to agricultural land should the equestrian facility no longer be operational.

Date of Issue: 30th January 2024

J CHANCE 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 £335); 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 £125). 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 (should one have been received) 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.

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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/55161-crosby-ballaclucas-farm/documents/1099651*
