**Document:** DEC Decision Notice
**Application:** 21/00544/B — Erection of an agricultural building to provide horse stabling and storage of animal feed
**Decision:** Permitted
**Decision Date:** 2021-09-15
**Parish:** Marown
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/7547-marown-ballacalin-foxdale-road-garth-agricultural-building-provide/documents/933414

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# DEC Decision Notice

Mrs Wendy Astley 24 Abbots Close Ballasalla IM9 3EA

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 Wendy Astley, Ref 21/00544/B, for the Erection of an agricultural building to provide horse stabling and storage of animal feed at Fields 321658 & 324068 Ballacalin Foxdale Road Garth Crosby Isle Of Man IM4 2HD .

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. Prior to the first coming into use of the development hereby approved, details of the proposed landscape planting, in approx. location as shown on annotated site plan - hedging details date received 24/08/2021, shall be submitted to and approved in writing by the Department showing details of proposed species, nursery specifications, positioning and a programme of implementation. All landscaping works shall be carried out in accordance with the approved details within the first planting season following completion of the development and retained thereafter. If any of the planting dies within the first 5 years it shall be replaced with new planting in accordance with approved details. Reason: In the interests of the appearance of the development and the surrounding area.
- 3. The external elevations of the development hereby approved shall be finished in metal sheet cladding in a dark green colour and retained as such thereafter. Reason: For the avoidance of doubt and in the interest of visual amenity.
- 4. In the event that the building hereby approved is no longer used or required for the stabling of horses it 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.
- 5. The stable hereby approved must be used only for private equestrian purposes and shall not be used for any commercial or livery use.

Reason: The application has been assessed on a private use only and in the interest of highway safety.

- 6. Prior to the installation of the hardstanding, as shown on annotated site plan hardstanding date stamped received 25/06/2021, details of the precise size, location and material finish shall be submitted to and approved in writing by the Department. The hardstanding as approved shall be retained thereafter.

Reason: In the interests of the appearance of the surrounding area and to provide on site parking.

This approval relates to; 4 x site photographs, planning statement from the applicant, location plan and site plan all date received 17/05/2021, annotated site plan - hedging details date received 24/08/2021, annotated site plan - hardstanding date stamped received 25/06/2021 and Wareing drawing number P7034-01 date received 24/08/2021.

Date of Issue: 15th September 2021

## Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner 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.

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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/7547-marown-ballacalin-foxdale-road-garth-agricultural-building-provide/documents/933414*
