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 MDL, Ref 25/90709/B, for the Demolition of garage, erection of glass house, removal of one vehicular access, alterations toexisting dwelling, additional use of dwelling as offices at Ballavale Barns Ballavale Road Santon Isle Of Man IM4 1EH .

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 additional office use hereby approved is restricted to the ground floor of the main dwelling only and only in connection with the operation of the wider botanic garden site outlined in blue on drawing number A_1_00 Location Plan.

Reason: the application has been assessed on this specific basis only as submitted, and in ensuring the proposal doesn't prevent the barns use as dwelling in line with Business Policy 7 and not to undermine Draft Economy Strategy.

• 3. All new stonework hereby approved on the main barn shall be installed to match the existing building and retained as such thereafter.

Reason: in the interest of visual amenity to ensure the stone work to the main barn including the extension over the terrace, and making good to the tourist unit is finished appropriately and in keeping with the existing stone work on those buildings.

• 4. Any new external finishes to the tourist unit shall be finished to match the existing tourist unit in particular the walls and roof and retained as such thereafter. Reason: in the interest of visual amenity.
• 5. The framing for the glasshouse hereby approved shall be finished in a dark colour and retained as such thereafter.

• Reason: in the interest of visual amenity and to avoid the installation of any white or light coloured frame at odds to the darker stonework of the surrounding buildings.
• 6. There shall be no internal or external lighting of the approved glasshouse unless full details are submitted to and approved in writing by the Department and installed only in full accordance with the details approved.

Reason: in the interest of preventing any unacceptable light spill in the interest of habitats and neighbouring amenity.

• 7. The glasshouse glazing must be installed with methods for the prevention of bird strike which may include etching, decals or ultraviolet coatings prior to the building being brought into use and shall be retained as such thereafter.

Reason: in the interest of preventing bird strike minded of the large size and rural location of the glasshouse.

• 8. The car parking, access and site layout shall be carried out in full accordance with the approved drawings and retained as such thereafter. Reason: in the interest of highway parking and amenity purposes.
• 9. The tourist unit shall be used only by tourists with no individual tenancy exceeding 4 weeks in duration between Easter and 31st October: outside of these months longer lets may be permitted. The unit may also be managed only in association with the occupation of the main dwelling, Ballavale Barns.

Reason: for the avoidance of doubt minded of its physical separation due to the works proposed and to align with the original tourist use conditions of 13/91380/B.

This approval relates to the following documents and drawings: STATEMENT

• A_1_00 Location Plan
• A_1_01 Existing Site Plan

• A_2_01 Existing Elevations
• A_2_02 Existing Elevations

• A_1_10 Rev B Existing Floor Plans

• All date published online 22 Jul 2025 Agent Covering Letter dated 08/09/2025 A_1_02 Rev D Proposed Site Plan

• A_1_11 Rev D Proposed Floor Plans

• A_2_10 Rev D Proposed Elevations 01
• A_2_11 Rev D Proposed Elevations 02

• A_2_20 Rev B Proposed Cottage
• A_2_21 Rev B Proposed Glass House

• All date published online 12 Sep 2025

NOTE The applicant/land owner is reminded of their separate legal obligations under the Wildlife Act 1990 in respect of bats and bat roosts at the site. They are advised to contact DEFA Ecosystems to discuss matters in relation to the Wildlife Act 1990.

This decision has been made for the following reasons(s) The majority of this application duplicates works approved under 24/91397/B. The additional works now proposed in respect of the stacks, terrace, windows, doors, porch and veranda have all been assessed and considered acceptable and not to result in any visual or amenity harm to the site or surrounding area. Conditions of 24/91397/B will ultimately be duplicated but with some modification to take into account the new application now before us. The application is considered to accord with Environment Policy 1, General Policy 2 and Housing Policy 15, and the ground floor additional office use still remaining acceptable just as 24/91397/B.

Date of Issue: 24th September 2025

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 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