Decision Notice

Mr Martyn Hobson Architectural Studio 7 Olafs Close Douglas IM2 7AR

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 & Mrs Andrew and Kate Mulhern, Ref 25/90366/B, for the Replacement of existing utility room with single storey extension linking the dwelling house and existing detached garage, and extension of residential curtilage at Ballavayre Farmhouse Ballakilpheric Road Colby Isle Of Man IM9 4BX .

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. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2025 (or any Order revoking and/or re-enacting that Order with or without modification): no free-standing buildings or structures; and- no gate, fence, wall or other means of enclosure, shall be erected or altered within the extension to the curtilage of the dwelling hereby approved.

Reason: In the interests of the character and appearance of the development and to ensure that the finished appearance of the development will enhance the character and visual amenities of the area.

• 3. No above ground floor development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall be carried out strictly in accordance with the approved details and retained as such thereafter.

Reason: To ensure that the development is carried out to the highest standards of materials, in the interests of the appearance of the development and the visual amenities of the area

• 4. The native hedgerow planting (including Hawthorn, Blackthorn, and Fuchsia) shown on the approved plan (1724-2 Rev 1) shall be implemented in the first planting season following completion of the development. Any plants that die, are removed, or become seriously damaged or diseased within five years of planting shall be replaced in the next planting season with specimens of similar size and species.

Reason: In the interests of biodiversity enhancement and to ensure the development integrates with the rural landscape.

• 5. The boundary of the new curtilage extension adjoining the agricultural field shall be defined by a "post and wire" fence, and not by domestic-style fencing. This fence shall be completed prior to the occupation of the two-storey side extension on the southwest (side) elevation and this fence shall be permanently retained and maintained in this form thereafter.

Reason: To ensure the curtilage is appropriately defined and to maintain a landscape setting that is consistent with the rural character of the area.

• 6. The residential curtilage of Ballavayre Farmhouse, Ballakilpheric Road, Colby, shall be as defined by the red line boundary shown on approved drawing 1724-2 Rev 1. No part of the adjoining agricultural field outside this boundary shall be used as residential curtilage.

Reason: For the avoidance of doubt, to ensure the curtilage is clearly defined in accordance with the approved plans, and to prevent the unauthorised extension of residential use into the surrounding countryside, in accordance with Environment Policy 1, General Policy 3, and Spatial Policy 5 of the Strategic Plan.

This decision relates to the following drawings and documents: Drawings:

• o DWG 1742-2 Rev 1 - Proposed Site Plan, Plans and Elevations (09 Jul 2025)
• o DWG 1742-1 - Existing Site Plan, Plans and Elevations (04 Apr 2025)
• o Location Plan (04 Apr 2025) Documents and Correspondence:
• o Planning Statement (04 Apr 2025)
• o Email from Agent re Finishes (09 Apr 2025)

This decision has been made for the following reasons(s) The proposed development is considered acceptable as it complies with Housing Policy 15, providing a modest and well-designed extension that respects the traditional form and character

• of the existing rural dwelling. The curtilage extension is proportionate, visually contained, and enhances the functionality of the site without harming the rural landscape. The development avoids the loss of high-quality agricultural land and supports biodiversity through native planting, aligning with Environment Policies 1 and 14, and Strategic Policy 4. Although the site lies outside the defined settlement boundary, the proposal is allowable under policy and consistent with the aims of the Strategic Plan, and General Policy 3.

Date of Issue: 30th July 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/online-applications/)

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