DEC Decision Notice

Ms Pamela Kelly And Ms Karen Jane Westcott

• 1 Kallow Point Road Port St Mary IM9 5EJ

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 Ms Pamela Kelly And Ms Karen Jane Westcott, Ref 24/00296/C, for the Change of use of land for recreation (personal dog walking)(retrospective) at Fields 414487 And 410223 Ballakillowey Road Colby Isle Of Man .

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 field may only be used for the purposes of dog walking, together with the existing agricultural use. The field shall only be used on a personal basis by the owner for the purposes of dog walking, and shall at no point be used on a commercial basis. Upon the cessation of the field for provision of private dog walking, the use hereby permitted shall cease.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted, and any alternative uses for the field other than the approved use or agricultural use will require further consideration.

• 2. The approval does not in any way permit the creation of permanent dog care facilities on the site or the erection of structures on the site.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.

This approval relates to the following drawings and documents: Location plan Supporting information document Received 07.03.24

NOTE The applicant is strongly advised to ensure that the Public Right of Way (No. 286A) which crosses the site from Ballakillowey Road to Ballakilpheric Road, be kept open and unobstructed at all times as required by the Highways Act 1986.

This decision has been made for the following reasons(s) It is considered that the use of the field for the purposes of dog walking is appropriate in this location, without detriment to the character and appearance of the wider landscape, the amenities of nearby residential properties or the safety and convenience of the highway network. The development is therefore deemed compliant with Spatial Policy 5, General Policies

• 2 and 3, Environment Policy 1 and Transport Policy 4 of the Strategic Plan (2016).

Date of Issue: 25th September 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 £355); 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 £130). 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.