Appeal Letter and Notice

Mr John Keenan Oririg No 6 Faaie Craine Ballaugh IM7 5AD

Telephone (01624) 685958 Email: [email protected] Contact: Scott Gallacher Our Ref: MEC /AP24/0050 Date: 11th March 2025

Dear Sir/Madam,

On Appeal

Appeal Ref: AP 24/0050 PA No: 23/01285/B Address: Field 224255 Station Road Ballaugh Isle Of Man Proposal: Erection of a new detached dwelling and re-alignment of access road, (part retrospective), at Plot 4, Stable Fields, Station Road, Ballaugh

I refer to the appeal in respect of the above planning application.

In accordance with the provisions of The Town and Country Planning (Development Procedure) Order 2019, I herewith give notice of the appeal decision.

The Minister for Environment, Food and Agriculture, the Hon C Barber MHK, has considered the report, concurs with the appointed person's conclusions, and accepts the recommendation that the appeal should be dismissed. Accordingly, she has directed that the Department’s decision to approve the application should be upheld, and that the application should be Approved subject to conditions. Formal notice of this decision is attached.

Scott Gallacher Chief Officer

cc. Mr Chris Penketh, 23 West Quay, Ramsey, IM8 1DL

The Town And Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2019

Mr John Keenan Orlrig No 6 Faaie Craine Ballaugh IM7 5AD

In pursuance of her powers under the above Act and Order/Regulations, the Minister for the Department of the Environment, Food and Agriculture, the Hon C Barber MHK does hereby in the name of and on behalf of the Department APPROVE planning application 23/01285/B by Mr John Keenan for Erection of a new detached dwelling and re-alignment of access road, (part retrospective), at Plot 4, Stable Fields, Station Road, Ballaugh - Field 224255 Station Road Ballaugh Isle Of Man subject to the following conditions:-

Conditions Of Approval:

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.

1. The development hereby approved shall not be occupied or operated until the means of vehicular access has been constructed in accordance with the approved plans, and shall thereafter be retained for access purposes only.

Reason: In the interests of highway safety.

1. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

1. No 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 only in accordance with the approved details.

Reason: In the interests of the character and appearance of the site and surrounding area.

1. The development shall be undertaken in full accordance with the details contained in the approved Ecology and Landscaping Details Plan (Drawing No. 231783 06) prior to the occupation of the development and maintained thereafter, save that all planting is to be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling site, whichever is the sooner. Any trees or plants which, within a period of five years from the completion of the development, die or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species.

Reason: In the interests of the landscape and ecology.

1. No external lighting shall be installed save in accordance with 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 the Department and approved in writing. All works must thereafter be undertaken in full accordance with this plan. This must include measures such as lighting avoidance areas (watercourse, boundary trees and hedging), suitable lighting temperatures, use of timers and passive infrared sensors.

Reason: In the interest of the protection of bats.

1. 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 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.

NOTE: The development shall be carried out in accordance with following approved plans:

23 1783 06- Ecology landscaping details and plan 23 1783 01 Revision A - Site and location plan 23 1783 05 Revision A - Site plan Received 24.04.24 23 1783 02 - Ground floor plan 23 1783 03 - First floor plan, elevations and sections 23 1783 04 - 3D visuals

Reason: For the avoidance of doubt and in the interests of proper planning.

This decision has been made for the following reasons:

The proposed development is considered to be acceptable in principle by providing a new dwelling of a high standard of design, without detriment to the character of the wider street scene or landscape setting. The development would further provide a high standard of living for future occupants, without detriment to the amenities of surrounding residential properties. The development is further considered to be acceptable with respect to highways impacts, flood risk and ecological matters.

The proposals are therefore deemed compliant with Spatial Policy 4, General Policy 2, Environment Policies 4, 5, 10 and 42, and Transport Policies 4 and 7 of the Isle of Man Strategic Plan 2016.

Date of issue 11th March 2025 By Order of the Minister

Scott Gallacher Chief Officer

Note 1: A copy of the report of the appointed person is appended hereto.

Note 2: All parties should note that there is no prescribed right of appeal relevant to the Minister's decision herein and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within 3 months.

Note 3: The letter which accompanies this notice forms part of the notice in accordance with Article 13 (3) of the Town & Country Planning (Development Procedure) Order 2019.