DEC Decision Notice

Arch-Tec (IOM) Ltd The Architectural Studio 2nd Floor 20 Duke Street Douglas IM1 2AY

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 REFUSE an application by PennyBridge Investments Ltd, Ref 19/00873/B, for the Conversion of existing equestrian riding school to provide eight light industrial (Class 5) units at Pennybridge Stables Main Road Kirk Michael Isle Of Man IM6 2HD for the following reason(s):

• 1. The visibility available to drivers emerging from the site onto Main Road is not adequate for the proposed use which is likely to result in an increase in traffic using the access and as such would be detrimental to highway safety to all road users and therefore fails Transport Policy 4 of the Isle of Man Strategic Plan.
• 2. General Policy 3 and the definition of previously-developed land as set out in the Definitions and Glossary of Terms, requires development of such sites to "reduce the impact of the current situation on the landscape or the wider environment and where the development proposed would result in improvements to the landscape or wider environment." The proposed use would at the very least perpetuate the large scale of the building and most likely increase the frequency of traffic to and from the site and possibly the scale and amount of traffic.

It is not accepted that the development would satisfy General Policy 3 and as such there is no justification for the proposed development.

• 3. The neighbouring residential properties would share the same access with the eight industrial units. The impacts of the proposed change of use on the amenities of the properties are likely to be adverse - the increased level of traffic, the likelihood of frequents comings and goings and an increased level of activity are considered to be unneighbourly and unacceptable for this reason.
• 4. The proposed development would be contrary to Environment Policies 1 and 2 of the Isle of Man Strategic Plan 2016 and the Kirk Michael Local Plan 1994 in that:

• i) the site is not zoned for light industrial purposes and there are no exceptional circumstances to warrant a departure from the land use zoning and established planning policies within the adopted development plans (Kelly Bros. Industrial Estate is the designated area while Beach field farm area is considered to be the potential site for future light industrial/craft workshop locations); and
• ii) the development would be in an Area of High Landscape or Coastal Value and Scenic Significance' or in important landscape and coastal areas as recognised by any new

landscape classification, without the capacity of being sensitively and unobtrusively integrated into the landscape. This will adversely affect the visual amenities of the locality when viewed from the Main Road as you approach from Ballaugh.

• 5. The proposed development would be contrary to Strategic Policies 1(c) and 6 of the Isle of Man Strategic Plan 2016 in that the proposed would be located within an area not zoned for research and development/light industrial or office developments and would be contrary to the land use designation of the Kirk Michael Local Plan 1994.

Date of Issue: 3rd October 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.

This decision refers only to that applied for under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Whilst a copy of the Officer’s report is included alongside this notice, any wider correspondence which led to the assessment and decision is now 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

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.