Decision Notice

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 Jim Keanes, Ref 25/90632/C, for the Change of use of lower ground floor to tourist accommodation, comprising 2no tourist units at Cregg Mill Silverdale Road Ballasalla Isle Of Man IM9 3DS .

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 stone-faced flood wall erected under PA 21/00778/C, as shown in the photographs submitted with the current application, shall be retained and maintained in its approved form for the lifetime of the development.

Reason: To ensure continued flood resilience and preserve the character of the Silverdale Conservation Area in accordance with Environment Policy 10 and EP35 of the Strategic Plan.

• 3. Notwithstanding the submitted details within the Flood Systems - Flood Barrier Brochure, prior to the occupation of the tourist units, full details of the demountable flood barrier system, including a plan showing the precise locations for installation at all relevant openings, shall be submitted to and approved in writing by the Department. The approved barrier system shall then be installed in accordance with the approved details and retained thereafter for the lifetime of the development.

The tourist accommodation shall not be brought into use until these mitigation measures have been fully implemented. Reason: To provide appropriate mitigation against flooding and ensure compliance with Environment EP13 and GP 2 (l) of the Strategic Plan.

• 4. The development hereby approved shall not be used or occupied other than for the purpose of short-let holiday accommodation and shall not be used as a separate dwelling. No

guest shall occupy any part of the accommodation for a single period or cumulative periods exceeding 28 days in any calendar year.

Prior to the first occupation of the units, a management plan detailing the booking system shall be submitted to and approved in writing by the Department. The plan shall include:

• (a) the maximum permitted stay in each unit;
• (b) a system for maintaining a register of customer bookings; and
• (c) a mechanism by which the Department may inspect the register to verify compliance.

The register shall be retained for a minimum of two years from the date of the last entry and shall be made available for inspection by the Department upon reasonable request. The accommodation shall be operated strictly in accordance with the approved management plan.

Reason: To ensure the development is used solely for short-term holiday accommodation and to prevent the creation of an unjustified separate dwelling in the countryside, in accordance with Business Policy 14 and General Policy 2 of the Strategic Plan.

This decision relates to the following documents and plans:

• o Applicants Statement
• o Covering Letter dated
• o Drawing No. 101 - Site Location and Site Plan
• o Drawing No. 103 - Approved and Proposed Layout Plan
• o Flood Solutions - Flood barrier System Brochure
• o Rainfall Summary
• o Cover Email and Site Photographs of new Flood Wall
• o Parking Information
• o Additional Information in Correspondence dated 10 June 2025

This decision has been made for the following reasons(s) The proposal represents a modest, policy-compliant refinement of an approved and partly implemented scheme. It preserves the character of the Silverdale Conservation Area, raises no significant issues in respect of parking or residential amenity, and aligns with Strategic Policy 8, Business Policies 1, 11 and 14, and Environment Policy 16 by reusing existing built fabric and supporting sustainable rural tourism. Although flood risk remains a material consideration, resilience has improved through the erection of the stone-faced flood wall and provision for a demountable barrier system. Given the site's location within a high-risk flood zone, the continuation of the seasonal occupancy restriction imposed under the previous approval remains necessary as part of a comprehensive mitigation strategy. The proposal is therefore considered compliant with the Strategic Plan.

Date of Issue: 5th February 2026

A MORGAN Interim Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

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 informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/onlineapplications/)

Implementation A determination to grant planning approval does not have effect —

•  if an appeal is submitted until the appeal is determined or withdrawn; or
•  if no appeal is submitted, but there are potential appellants in addition to the applicant, until the time within which an appeal may be submitted has expired (21 days from the date of this notice).

Development must be carried out in accordance with the approved plans and any attached conditions (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 can only be made by a person who has been accorded rights to do so, must be in writing, include the appropriate fee and be submitted to the Department within 21 days of the date of this Notice.

Guidance on how to appeal is available at gov.im/howtoappeal