DEC Decision Notice

CJ Design LimitedMr Carl Jenkins 10 Ballaterson Road Peel Isle Of Man IM5 1BJ

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 subordinate Orders and Regulations, the Department of Environment, Food and Agriculture determined to REFUSE an application by Mr Ian Tuck, Ref 23/00346/B, for the Conversion from existing barn and stables to residential unit at Ballacallin Beg Cottage Foxdale Road Garth Crosby Isle Of Man IM4 2HN for the following reason(s):

• 1. The proposed development is unacceptable because, the principle of development for the conversion from the existing barn and stables to a residential dwelling is not accepted because the site lies within a rural and protected part of the countryside where any development is strictly controlled with the site not being allocated specifically for any development. No personal circumstances have been put forward by the applicant to be considered to warrant a departure from DEFA Planning's policies for the area. In addition, the proposals seek approval for the conversion of part of a stable building that has previously been demolished; and, for the conversion of part of an existing stables which is wholly unsuitable for such a purpose. This would result in more than 75% of the proposed development being a new build structure. As such, the proposal would be contrary to the provisions of Policies STP2, STP10, SP5, General Policy 3a); Housing Policy 4a); Housing Policy 15; and, Environment Policy 1, in the Adopted Isle of Man Strategic Plan (2016). In particular, Environment Policy 1, which seeks to protect the countryside for its own sake and from "Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
• 2. The proposed development is unacceptable because the proposed elements of demolition, in addition to the conversion and extensions would fail to respect and reflect the attractive and characterful nature of the Manx Stone Barn on site which should be protected, and in so doing, would not provide the Barn with a sustainable future use. Overall, the development is considered to be unacceptable in terms of its visual impact on the character of the site and surroundings due to its extent, design, scale and nature. Whilst the proposed finishes would assist in striking a balance reflective of what Adopted planning policies seek to achieve, on their own these elements do not outweigh the unacceptability of the development as identified. As such, this proposal would have an unacceptable visual impact upon the openness of the countryside reflective of the character of the area contrary to the provisions of General Policy 3a and b); Environment Policy 1;

Environment Policy 15; and, Housing Policy 15, in the Adopted Isle of Man Strategic Plan

(2016).

• 3. Notwithstanding the above reasons of refusal, in respect of the existing vehicular access serving the site, the applicant has failed to demonstrate that vehicle - vehicle visibility splays can be provided either side of the vehicular access onto the A24 Foxdale Road in accordance with the requirements of the Manual for Manx Roads. Given the lack of such details to demonstrate that safe access and egress can be achieved from the proposed access location, the proposal fails to meet the requirements of Transport Policy 4 in the Adopted Isle of Man Strategic Plan (2016).

Date of Issue: 23rd October 2023

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by a Principle Planner in accordance with the authority delegated to them.

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.

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.