Appeal Letter and Notice

Ballalheaney Properties Limited Brightlife Ballalheaney House Andreas Road Andreas IM7 4EN

Telephone (01624) 685958 Email: [email protected] Contact: T Cowsill Our Ref: MEC /AP25/0028 Date: 17th December 2025

Dear Sir/Madam,

ON APPEAL

Appeal Ref: AP 25/0028 PA No: 25/90081/B Address: Brightlife Ballalheaney Andreas Road Andreas Isle Of Man IM7 4EN Proposal: Extension to the curtilage to create a landscaped garden with terraced decking, external sauna, spa pools and glazed garden pod. Creation of a service yard and erection of a prefabricated service building to house the filtration equipment for the proposed spa pools

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 allowed. Accordingly, she has directed that the Department’s decision to refuse the application should be reversed, 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 Sam Samson, The Workshop, Park Road, Port St.Mary, IM9 5HQ

The Town And Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2019

Ballalheaney Properties Limited Brightlife Ballalheaney House Andreas Road Andreas IM7 4EN

Appeal Ref: AP25/0028

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 25/90081/B by Ballalheaney Properties Limited for Extension to the curtilage to create a landscaped garden with terraced decking, external sauna, spa pools and glazed garden pod. Creation of a service yard and erection of a prefabricated service building to house the filtration equipment for the proposed spa pools - Brightlife Ballalheaney Andreas Road Andreas Isle Of Man IM7 4EN 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 operational curtilage shall extend no further south than the area including the additional footprint and landscaped area shown on Drawing No 2202/02A, and shall not include the field to the south, which lies outside the red line boundary on the submitted plan.

Prior to first use of the development, the boundary treatments shown on Drawing No 2202/04A, including stone walls, timber fencing, and hedging, shall be fully implemented and retained thereafter.

Within two months of this decision becoming final, a site-wide curtilage plan shall be submitted to and approved in writing by the Department. This plan shall clearly define the full extent of the Brightlife spa curtilage, including the area approved under Drawing No 2202/02A, and distinguish it from surrounding agricultural land.

Reason: To prevent incremental encroachment into the countryside and ensure continued compliance with General Policy 3 and Environment Policy 1 of the Strategic Plan, which seek to protect the rural character and spatial integrity of the countryside.

1. In the event that the Brightlife spa ceases operation for a continuous period of 12 months, all structures, terraces, and associated infrastructure approved under this permission shall be removed, and the land reinstated to agricultural use in accordance with a scheme to be submitted to and approved by the Department within 6 months of cessation.

Reason: To ensure the reversibility of the development and to secure the restoration of the land to a condition suitable for agricultural use, thereby preserving its long-term agricultural potential, in accordance with Environment Policy 14 of the Strategic Plan.

1. Prior to the installation of any lighting within or associated with the proposed development, a detailed lighting scheme shall be submitted to and approved in writing by the Department. The scheme must be designed in accordance with the recommendations of the BCT and ILP Guidance Note 8: Bats and Artificial Lighting (12th September 2018) to minimize disruption to nocturnal wildlife.

The lighting details shall include detailed drawings of the proposed lighting columns and fittings, information on 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 scheme.

Reason: To ensure artificial lighting within and around the development does not negatively impact wildlife, safeguarding biodiversity.

1. The filtration and mechanical equipment shall be housed and operated in accordance with the specifications provided in correspondence dated 24 February 2025. Operational noise levels shall not exceed 55 dB(A) at the site boundary during night time hours.

Reason: To ensure proper control of the development and to reflect the information provided in the application, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.

NOTE: This approval relates to Drawings Nos 2202/01, 02A, 03, 04A, 06, 07, 08 and 09, dated January 2025.

Reason for Approval: Despite conflict with the overarching spatial strategy and General Policy 3 and Environment Policy 1 of the adopted Isle of Man Strategic Plan 2016 to protect the countryside, the practical planning harm due to the proposed development would be modest and overridden by the social, ecological, financial and employment benefits of the development.

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.