9 December 2025 · Delegated - Principal Planner (C Balmer)
Ballavayre Farmhouse, Ballakilpheric Road, Colby, Isle Of Man, IM9 4bx
The proposal was for a minor change application (25/90946/MCH) to an earlier approval (25/90366/B) that permitted replacement of a utility room with a single storey extension and extension of residential curtilage at Ballavayre Farmhouse on Ballakilpheric Road, Colby.
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The officer systematically assessed the proposal against the criteria in Part 3 of the Town and Country Planning (Development Procedure) Order 2019, specifically Articles 21, 22, 23, and 24.
Town and Country Planning (Development Procedure) Order 2019 - No alteration to conditions of parent approval
This Article prohibits minor change applications that alter conditions imposed on the original approval. The officer found FAIL because Condition 5 requires a post-and-wire fence along the curtilage boundary adjoining the agricultural field, and the stone wall proposal alters this condition.
Town and Country Planning (Development Procedure) Order 2019 - No significant change to nature of development
This requires that the minor change does not significantly change the nature of the development. Failed as the stone wall replaces a lightweight permeable fence, introducing markedly different visual impact and domestic character to the rural setting, warranting full assessment.
Town and Country Planning (Development Procedure) Order 2019 - Article 23(1)(d)
This prohibits changes resulting in new or increased adverse impacts on the environment. Failed due to the stone wall's solid form creating different visual impact on rural landscape character compared to the permeable fence.
Town and Country Planning (Development Procedure) Order 2019 - Article 23(1)(e)
The minor change must not be more than minor or of magnitude warranting a new application. Failed as replacing permeable fence with solid stone wall is a substantial change in appearance and character, conflicting with the condition to maintain rural setting.
Town and Country Planning (Development Procedure) Order 2019 - Article 23(1)(f)
Prohibits changes that fundamentally alter the basis of the original grant. Failed because original approval relied on post-and-wire fence to maintain rural character; stone wall introduces more domestic and permanent treatment, contrary to the condition.
