DEC Decision Notice

Mr Paul Bridson Clougher House Ballamodha IM9 3AZ

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 Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Mr Paul Bridson, Ref 24/00362/C, for the Additional use of dwelling as tourist accommodation at Clougher Cottage Ballamodha Straight Ballamodha Ballasalla Isle Of Man IM9 3AZ .

Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes).

• 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.

• 2. The site outlined in red on 'Site Plan' comprising a dwelling and garage known as 'Clougher Cottage' shall remain as a single planning unit and shall not be occupied separately.

Reason: the application has been assessed on the basis of the existing garage being used in association with Clougher Cottage only, and not to be used for any independent or separate tourist or residential use.

This approval relates to the following:

• o Location plan
• o Site plan
• o Covering letter
• o Photo of dwelling and dwelling floor plan

• All date stamped and received 19/03/2024 And

• o Additional information including garage photograph and garage floor plan - received by email dated 29/05/2024. This decision has been made for the following reasons(s)

The proposed additional use of the site for tourist accommodation is considered to comply with the relevant polices of the Isle of Man Strategic Plan 2016 and there is no demonstrable harm arising from the application. The living conditions of the neighbouring properties will not be made worse as a result of the proposal, and there are no physical works to effect the existing building. The application accords with paragraph 9.5.8, Business Policy 13, Environment Policy 23, General Policy 2 and Community Policies 7 and 11 of the Isle of Man Strategic Plan 2016. A condition ensuring the garage remains in association with the use of Clougher Cottage as one single planning unit is necessary as to avoid any separate or undesirable fragmentation of the site.

Date of Issue: 31st May 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by a Principal 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.

Implementation The decision does not become final until either

•  Any appeal has been concluded; or
•  21 days have passed since the date on this notice and no appeal has been submitted

Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation.

Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action.

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.