**Document:** DEC Decision Notice **Application:** 22/00464/B — Erection of a building to provide a Veterinary Practice **Decision:** Permitted **Decision Date:** 2022-10-03 **Parish:** German **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/8861-german-kennaa-farm-stables-equestrian-building-provide-veterinary/documents/950112 --- # DEC Decision Notice Mrs Agnieszka & Mr Lukasz Kuberka Bramble Cottage Richmond Hill Braddan IM4 1JG 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 Agnieszka & Mr Lukasz Kuberka, Ref 22/00464/B, for the Erection of a building to provide a Veterinary Practice at Kennaa Farm Stables Kennaa Equestrian Centre Kennaa Road St Johns Isle Of Man IM4 3LW. 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 building hereby approved shall be removed and the ground restored to its former condition in the event that it is no longer used or required for the approved purpose. Reason: The building has been exceptionally approved solely to meet the stipulated need and its subsequent retention would result in an unwarranted intrusion in the countryside. - 3. The building may only be used for veterinary business on the site and as described in the application documents. Reason: The countryside is protected from development and an exception is being made on the basis of the equestrian and veterinary need only. As such, the building may only be used for the purposes for which it is approved. - 4. The new building, and only that part of the site defined within the red line boundary, may be used for the approved Veterinary business. No approval is hereby granted for the use of other buildings or sites within the broader site area (defined by the blue boundary) for the approved use. - Reason: the countryside is protected from development and an exception is being made on the basis of the equestrian and veterinary need. - 5. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans (Drawing No. 21/26/01 and 21/26/05). Such areas shall not be used for any purpose other than for access, parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times. Give way markings are to be added to the entrance of the proposal site in order to manage traffic movements. The parking spaces shall also be marked out within the parking area on site. Additional signage is to be provided to direct visitors and smaller vehicles to the dedicated parking area within the site. Reason: To ensure that sufficient provision is made for safe access, off-street parking and turning of vehicles in the interests of highway safety. - 6. Notwithstanding the submitted details, details of site layout to create two mobility impaired parking provisions (spaces) within the site shall be submitted to and approved in writing by the Department. The parking areas shall be provided to accord with the approved plan and permanently retained as such. Reason: In the interests of highway safety. This approval relates to the following documents and drawings: - o Plan List, - o General Notes, - o Medicor Veterinary Practice Statement, and - o Drawing Nos. 21/26/01, 21/26/02, 21/26/03, 21/26/04, Received 11 April 2022, - o Correspondence from applicant received 6 July 2022, and - o Cover Email, - o Road Safety Appraisal Report prepared by HMTC Highways Mann Transport Consultants dated June 2022, - o Road Safety Appraisal (21/26/05), and - o Road Safety Review - Designers Response Form Received 3 August 2022. This decision has been made for the following reasons(s) Overall, the proposal is considered acceptable in terms of both equestrian/veterinary need and visual impact and broadly accords with GP3, EP1 and EP's 19, 20, 21 and 14 of the Strategic Plan. Date of Issue: 3rd October 2022 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 £305); 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 £115). 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. --- *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/8861-german-kennaa-farm-stables-equestrian-building-provide-veterinary/documents/950112*