DEC Decision Notice

Cornerstone Architects Ltd Cornerstone Architects Ltd 79 Parliament Street Ramsey IM8 1AQ

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 Stephen Desmond, Ref 23/01192/B, for the Conversion of redundant barns into single residential dwelling and detached garage, erection of small subordinate single storey extension to south elevation to provide open plan living accommodation. External landscaping, new driveway and installation of new sewer treatment works at Lower Ballavarkish Grenaby Road Ballabeg Castletown Isle Of Man IM9 4HD .

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 development for the conversion and extension of the barns and stable to form a dwelling and garage, and the external landscaping and creation of a new driveway, hereby permitted, shall be constructed in accordance with the following approved details as outlined on the submitted Drawings Drawing No. 300 Proposed Elevations (dwelling). Namely:

• o New natural slate roof (sample to be submitted for written approval);
• o Existing natural stonework to be retained and repointed with lime mortar;
• o Zinc gutters and rainwater pipes;
• o Aluminium windows and doors - colour Anthracite Grey;
• o Windows within existing openings except as shown on the approved drawings;
• o Chimney Flue to be finished in Matt Black;
• o Flat Roof Extension to have a single ply membrane finish in Dark Grey colour; Drawing No. 200 Proposed Garage. Namely:

• o New natural slate roof (sample to be submitted for written approval);
• o Existing natural stonework to be retained and repointed with lime mortar;
• o Zinc gutters and rainwater pipes;
• o Doors and Windows - Aluminium windows and doors. Colour - Anthracite Grey. Timber effect double garage door.

Reason: To ensure that high quality materials are used for the Barns and stables conversions and the extension which reflect and preserve the character and historic significance of the Barns and Stables structure and impart a high quality finish in the interests of visual amenity.

• 3. To compensate for the loss of Barn Swallow and Blackbird nesting habitats, suitable structure/s for said birds must be constructed in a suitable location (for swallows see Appendix I of the submitted Ballavarkish - Preliminary Roost Assessment by Ecology Vannin dated July, 2023for examples).

Prior to the commencement of development details of the proposed structure/s, including location and timing for delivery/provision shall be submitted to DEFA Planning and approved in writing. This should be a structure/s with a wooden interior and open side, providing shelter and easy access. The structure/s could be free-standing or part of the new building and should provide clear access to foraging grounds. The approved structure/s shall thereafter be retained and maintained at all times.

Reason: To compensate for the loss of nesting habitat and for the conservation and protection of legally protected species, in accordance with the requirements of the Wildlife Act 1990 and Environment Policies 4 and 5 in the Adopted Isle of Man Strategic Plan 2016.

• 4. No works of development shall be undertaken on site until a bat and bird box plan has been submitted to DEFA Planning and approved in writing. Such plans shall include details of at least 2 bat boxes/bricks and at least 2 birds boxes/bricks suitable for swifts; and, one bird box suitable for a blackbird. Bat boxes should be places high up on the southern elevation and bird boxes on the north elevation, not above windows or doors.

Reason: To provide suitable mitigation against the wide scale loss of habitat through the use of the Barn and Stables on site as a dwelling and garage.

• 5. Prior to the installation of external lighting within the site, a Lighting Plan shall be submitted to and approved in writing by the Department. The lighting of the site shall be designed in accordance with the recommendations outlined in the BCT and ILP Guidance Note 8 Bats and Artificial Lighting (12th September 2018).

The lighting details shall include detailed drawings of the proposed lighting columns and fittings, information about the levels of luminance and daily duration and any measures for mitigating the effects of light pollution.

The development shall not be carried out other than in accordance with the approved plan, and shall be retained as such thereafter.

Reason: To provide adequate safeguards for the ecological species existing on the site.

• 6. Details of foul and surface water drainage provision to serve the development, hereby approved, shall be submitted to and approved in writing by the Local Planning Authority. Such approved drainage scheme shall be installed prior to the development hereby permitted being first occupied and shall thereafter be retained and maintained at all times.

• Reason: To ensure that the site is adequately drained and does not increase the risk of flooding elsewhere.
• 7. Prior to the first occupation of the development, hereby approved, a Landscaping Scheme shall be submitted to and approved in writing by the Department. The Landscaping Scheme shall include details of all planting and sowing, including size, species and numbers of trees and plants, ground preparation, management and maintenance.

All planting, seeding, and earth works comprised in the approved details of landscaping shall be carried out in the first planting and season (November - March) following the substantial completion of the development whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

Reason: In order to give planting a sufficient time to establish and to ensure that the development provides an attractive environment helping to assimilate it into its surroundings in the interests of the visual amenities of the site and surrounding area.

• 8. A boundary hedge comprising Manx native species shall be provided to the northern and eastern boundaries of the site, details of which shall first be submitted to and approved in writing by the DEFA Planning. Such approved boundary treatments shall be planted in the first planting and season (November - March) following the substantial completion of the development whichever is the sooner, and any constituent trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, and shall thereafter be permanently retained and maintained.

Reason: To ensure that the development provides an attractive environment helping to assimilate it into its surroundings in the interests of the visual amenities of the site and surrounding area; and, to improve the biodiversity of the site.

• 9. The development hereby permitted shall be occupied as a single dwelling only.

Reason: This is due to the application site being located in the open countryside where planning permission for a new unit of living accommodation would not be granted unless there was an identified and justified need - such as a requirement for an agricultural or forestry worker. This accords with the provisions of General Policy 3a); Housing Policies 4a) and 11; and, Environment Policy 1 in the Adopted Isle of Man Strategic Plan (2016).

• 10. 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 extension, enlargement or other alteration of the dwelling, including the installation or replacement of any windows or doors, hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• 11. 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 garages or other free standing buildings shall be erected or enclosure, swimming or other pool, container for domestic heating purposes for storage of oil of liquid petroleum gas, or the erection of a gate, fence, wall or other means of

enclosure, within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.

Reason: To control development in the interests of the amenities of the surrounding area. This approval relates to:

• Drawing No. 001 - Location Plan @ scale 1:5,000; and, Site Plan @ scale 1:500 both showing site edged red;
• Drawing No. 002 - Proposed Site Plan;

• Drawing No. 100 - Dwelling - Proposed Ground Floor Plan;
• Drawing No. 101 - Dwelling - Proposed First Floor Plan;

• Drawing No. 300 - Dwelling - Proposed Elevations;
• Drawing No. 301 - Dwelling - Proposed Context Elevations; Drawing No. 200 - Proposed Garage Part Site Plan; Floor Plan; and, Elevations;

The 2-Part Design Statement by Cornerstone Architects which includes Appendices comprising:

• o Appendix A - A Structural Appraisal Ref: AX0188 by Axis Consulting Engineers Ltd dated June 2023;
• o Appendix B - Site Layout Plans indicating the proximity of electricity and water connections to the site;
• o Appendix C - A Preliminary Roost Assessment by Ecology Vannin Consultancy Services dated July 2023;
• o Appendix D - Lower Ballavarkish, Grenaby: Report on a bat survey of former agricultural buildings - compiled 24/07/2023 by the Manx Bat Group; and,
• o Appendix I - Examples of Barn Swallow nesting provision;

Details of G1 Photovoltaic panels in accordance with sap calc. by Clearline Fusion; and, Design and specification details for Mitsubishi Electric PUZ-WM60VAA (-BS) Edocan R32 Monobloc Air Source Heat Pumps of which 2 No. are proposed to be added to the rear, north facing, elevation.

all date-stamped received on 16 October, 2023. NOTE FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.

You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.

To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.

This decision has been made for the following reasons(s) Overall it is concluded that the planning application accords with the provisions set out in General Policy 2 b) c) g) and i) Housing Policies 4, 11 and 15, Environment Policy 1 and Environment Policy 22 of the Isle of Man Strategic Plan 2016.

Date of Issue: 29th April 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 £335); 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 £125). 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.