Appeal Letter and Notice

Mr Ian Kelly Ballanicholas Farm Ballanicholas Garth Crosby IM4 2HD

Telephone (01624) 685958 Email: [email protected] Contact: Tim Cowsill Our Ref: MEC /AP25/0007 Date: 19th September 2025

Dear Sir/Madam,

ON APPEAL

Appeal Ref: AP 25/0007 PA No: 24/91306/B Address: Fields, 321756, 324673 And 324674 Foxdale Road Braald Isle Of Man IM4 2AN Proposal: The erection of a new farmhouse and agricultural barn

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.

Yours faithfully,

Tim Cowsill Chief Officer

cc. Mr Geoff Brown, Odins Cottage, Ballachrink Farm, Glen Road, Colby, IM9 4HW

The Town And Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2019

Mr Ian Kelly Ballanicholas Farm Ballanicholas Garth Crosby IM4 2HD

Appeal Ref: AP25/0007

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 24/91306/B by Mr Ian Kelly for The erection of a new farmhouse and agricultural barn - Fields, 321756, 324673 And 324674 Foxdale Road Braaid Isle Of Man IM4 2AN 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. No development shall commence until a schedule of materials and finishes to be used in the construction of the external surfaces, including all hardsurfacing, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.

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

1. The agricultural barn hereby approved must be used only for agricultural purposes.

Reason: The countryside is protected from development and an exception is being made on the basis of agricultural need. As such the buildings must be used solely for the purposes for which they are approved.

1. In the event that the agricultural barn hereby approved is no longer used or required for agriculture they shall be removed and the ground restored to its former condition within 18 months of the date the use ceased.

Reason: The countryside is protected from development and an exception is being made on the basis of agricultural need.

1. The occupation of the dwelling hereby approved shall be limited to a person engaged or last engaged solely in agriculture on the Isle of Man, or a widow or widower of such a person, or any resident dependents.

Reason: The site is in an area where restrictive policies apply and new dwellings are not normally approved except in exceptional circumstances, which include where a functional agricultural need has been established and accepted by the Department.

1. No external lighting may be installed without the prior consent of the Department in writing.

Reason: To prevent light pollution and impact on wildlife.

1. Prior to the commencement of development, a soft landscaping/planting plan incorporating native species shall be submitted to the Department for approval in writing. The submitted plan shall include new boundary hedges as shown on drawing no PBSP 03. The landscaping plan shall be implemented in full as per the approved details prior to the occupation of the development. Any new planting which is removed, becomes severely damaged or diseased within five years of planting shall be replaced. Replacement planting shall be in accordance with the approved details.

Reason: To ensure the delivery and retention of an appropriate landscaping scheme, in the interests of the visual amenity of the locality.

1. Prior to the commencement of the development hereby approved, a Precautionary Working Method Statement for breeding birds and common lizards, written by a suitably qualified ecologist, shall be submitted to Planning and approved in writing by the Department. The development shall only be carried out in accordance with the details as approved and shall thereafter retained as such.

Reason: To safeguard statutorily protected species.

1. Prior to the first occupation of the dwelling hereby permitted, the access and visibility splays shall be fully constructed and completed in accordance with Drawing No. PBSPV 02 and PBSP 03 and the access shall be hard surfaced with a gradient not exceeding 7% over its first 6m. Thereafter the access shall be permanently retained as approved. The resurfacing must result in a bound surface such that no material is tracked onto the public highway.

Reason: In the interests of highway safety.

1. All areas within the visibility splays shown on the approved block site plan Drawing No. PBSP 03 shall be reduced to a maximum height of 1.05m prior to the occupation of the development and maintained thereafter for the lifetime of the development.

Reason: In the interests of highway safety.

1. The garage hereby approved shall at all times be made available for the parking of private motor vehicles(s) and shall be retained available for such use.

Reason: To provide adequate parking provision to the dwellinghouse.

1. 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 development shall be undertaken under the following classes of Schedule 1 of the Order at any time: Class 26 - Garage doors.

Reason: To control future development on the site.

1. 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 extension, enlargement or other alteration of the dwelling, and no garages or other free-standing buildings shall be erected within the curtilage 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: This approval relates to the following drawings;

• Site Location Plan SLP 01
• Proposed Block Site Plan 1:1000 PBSP 02
• Proposed Block Site Plan 1:500 with visibility PBSPV 02
• Proposed Block Site Plan enlarged 1:500 PBSP 03
• Proposed Ground Floor Plan PGFP 01
• Proposed First Floor Plan PFFP 01
• Proposed Attic Floor Plan PAFP 01
• Proposed Southeast Elevation PSEE 01
• Proposed Northwest Elevation PNWE 01
• Proposed Southwest and Northeast Elevations PSW and NEE 01
• Proposed Section View PSV 01
• Proposed Roof Plan PRP 01
• Proposed Barn NE and SW Elevations PBNESWE 01
• Proposed Barn NW and SE Elevations PBNWSEE 01
• Proposed Barn Floor Plan PBFP 01
• Proposed Barn Roof Plan PBRP 01

Relevant documents;

• Map of Parcels of Land Farmed 1
• Map of Parcels of Land Farmed 2
• Map of Parcels of Land Farmed 3
• Site Plan of Fields Farmed at Hilberry, Onchan
• Planning Statement
• Agricultural Statement

Reason for the approval:

The proposed development is considered to be acceptable in principle having demonstrated a clear functional need for a new agricultural workers dwelling and barn at the site. The development can be delivered without significant detriment to the visual amenities of the immediate locality and wider landscape. The proposals will not harm the amenity of residential properties in the area or highway safety and is considered to be acceptable in this regard. The proposals are therefore considered to be in accordance with

Strategic Policy 5, Spatial Policy 5, Transport Policies 4 and 7, General Policies 2 and 3, and Environment Policies 1 and 15 and Housing Policies 7-9 of the Strategic Plan (2016).

Date of issue 19th September 2025

Time Line

Tim Cowsill

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.