Decision Notice

Mr Brian Woodard Harp Inn Cross Four Ways Ballasalla Ballasalla Isle of Man IM9 3DH

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 Charlie Simpson, Ref 24/91102/B, for the Garage conversion to provide tourist accommodation at Kingsley Farm Ballamodha Straight Ballasalla Isle Of Man IM9 3EL .

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 occupation of the building for tourism - the parking space as indicated on drawing ' 24/KF/MSP`, shall be completed ready for use and retained thereafter for their particular use.

Reason: To ensure that the car parking are achieved and provided and in the interests of highway safety.

• 3. Prior to the use of the garage for tourist use the proposed external alterations shall be implemented in full and retained in perpetuity. REASON: To ensure appropriate use as tourist accommodation
• 4. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no development shall be undertaken under the following classes of Schedule 1 of the Order at any time:

• Class 14 - Extension of dwellinghouse
• Class 15 - Garden sheds and summer-houses
• Class 16 - Fences, walls and gates
• Class 17 - Private garages and car ports Reason: To control future development on the site.

• 5. The site outlined in red on (Drawing No. 24/KF/MSP - Site and Location Plans) comprising a dwelling, garage and other outbuildings known as 'Kingsley Farm', Ballamodha Straight, Ballasalla, shall remain as a single planning unit and shall not be occupied separately.

Reason: the application has been assessed on the basis of the existing garage being used in association with the existing dwelling at 'Kingsley Farm' only, and not to be used for any independent or separate residential use.

• 6. Holiday Accommodation (occupancy period) The tourist accommodation hereby approved shall not be used or occupied other than for the purpose of short-let holiday accommodation. The accommodation shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any calendar year.

Reason: To ensure that the development is only used and occupied as short let holiday accommodation and to prevent the creation of an unjustified separate dwelling in the countryside.

• 7. Low Level Lighting No external lighting to be installed unless a sensitive low level lighting plan, following best practice as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), has been submitted to and approved in writing by the Department. Thereafter, any such lighting scheme shall be permanently retained and maintained for the lifetime of the development. Reason: In the interests of protecting and enhancing the biodiversity of the environment.

This approval relates to the following drawings and documents received 25.09.24: Drawing number 24/KF/MSP Location Plan Drawing 24/19/01 - Project. Drawing 24/KF/MSP. Applicants Statement.

This decision has been made for the following reasons(s) The application would not harm the use and enjoyment of neighbouring properties and would comply with Strategic Policy 8, General Policy 2 and Business Policy 13 of the Strategic Plan 2016, and the Residential Design Guide 2021 and is recommended for approval.

Date of Issue: 22nd January 2025

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 informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/onlineapplications/)

Implementation A determination to grant planning approval does not have effect —

if an appeal is submitted until the appeal is determined or withdrawn; or

if no appeal is submitted, but there are potential appellants in addition to the applicant, until the time within which an appeal may be submitted has expired (21 days from the date of this notice).

Development must be carried out in accordance with the approved plans and any attached conditions (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 can only be made by a person who has been accorded rights to do so, must be in writing, include the appropriate fee and be submitted to the Department within 21 days of the date of this Notice.

Guidance on how to appeal is available at gov.im/howtoappeal