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 & Mrs Nicky And Carole Ennett, Ref 25/90818/B, for the Erection of replacement dwellinghouse at Ballakillowey Farm House Ballakillowey Road Colby Isle Of Man IM9 4BN .

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. No above-ground works shall commence until a schedule of external materials and finishes, including samples of render, stone cladding, timber detailing, roof tiles, and window frames, has been submitted to and approved in writing by the Department. The development shall thereafter be carried out in strict accordance with the approved details.

Reason: To ensure a high standard of design and appearance in accordance with Strategic Policy 5 and General Policy 2(b, c and g).

• 3. The development hereby approved shall be carried out in full accordance with the submitted Energy Statement received 28 August 2025, which demonstrates that the dwelling will achieve a SAP rating of at least 97 (or equivalent). A post-completion Energy Statement shall be submitted to and approved in writing by the Department prior to occupation, confirming that the dwelling has been constructed to achieve the specified SAP rating.

Reason: To ensure the dwelling is implemented to the high energy efficiency standards proposed, in accordance with Housing Policy 14 and Infrastructure Policy 5.

• 4. Prior to the occupation of the dwelling hereby approved a detailed soft landscaping scheme shall be submitted to and approved in writing by the Department. The scheme shall include native species planting, hedge reinstatement, and tree planting, together with a programme for implementation. The development shall thereafter be carried out in strict accordance with the approved details.

All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of any unit, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: To protect and enhance the biodiversity and visual amenity of the area in accordance with Environment Policies 4 and 5 and General Policy 2(f).

• 5. Prior to the occupation of the dwelling hereby approved artificial house martin nest cups shall be installed on the west elevation of the dwelling in accordance with details which have first been submitted to and approved in writing by the Department.

Reason: To mitigate the loss of nesting habitat and safeguard biodiversity in accordance with Environment Policy 4.

• 6. Prior to any works to clear or relocate the pond, a method statement shall be submitted to and approved in writing by the Department, detailing timing and techniques to avoid harm to amphibians and invertebrates. The works shall be carried out strictly in accordance with the approved method statement.

Reason: To protect existing habitats and species in accordance with Environment Policies 4 and 5.

• 7. No external lighting shall be installed unless in accordance with a sensitive lighting scheme that has first been submitted to and approved in writing by the Department. The scheme shall accord with Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 (2023).

Reason: To prevent light pollution and safeguard nocturnal species in accordance with Environment Policy 4.

• 8. Prior to the occupation of the dwelling hereby approved, parking and turning areas shall be provided in accordance with details which have first been submitted to and approved in writing by the Department. The approved parking and turning areas shall be retained as such thereafter.

Reason: To ensure adequate parking and turning provision in the interests of highway safety and residential amenity, in accordance with Transport Policy 7 and General Policy 2(i).

• 9. Prior to the commencement of the development hereby approved, details of existing and proposed site levels and finished floor and ridge heights of the dwellings, relative to a fixed Ordnance datum, shall be submitted to and approved in writing by the Department. The development shall thereafter be carried out strictly in accordance with the approved levels and retained as such thereafter.

Reason: To ensure the development sits appropriately within the landscape and accords with Strategic Policy 5 and General Policy 2(b, c, f).

• 10. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2025 (or any Order revoking and/or re-enacting that Order with or without modification), no extensions or alterations to the dwelling, no outbuildings or other freestanding structures, no roof alterations (including dormer windows), and no raised platforms or balconies shall be carried out within the curtilage of the dwelling hereby approved without the prior written permission of the Department.

Reason: To protect the rural character and visual amenity of the area and to maintain the design quality and landscape integration assessed in the planning application, in accordance with Strategic Policy 5 and General Policy 2(b, c and f).

• 11. No development shall commence until a Materials Reuse Statement has been submitted to and approved in writing by the Department. The statement shall confirm the stone and slate to be salvaged from the existing dwelling and set out how these materials will be incorporated into the approved development or associated landscaping, in accordance with the commitments in the Design Statement received 02 September 2025. The development shall thereafter be carried out in accordance with the approved details.

Reason: To secure the reuse of traditional materials as indicated in the application and Design Statement, in order to maintain local character, in accordance with Housing Policy 14, Strategic Policy 5 and Paragraph 8.11.2 of the Strategic Plan.

NOTE Informative: Existing Restrictions on Ancillary Accommodation

The applicant is reminded that the accommodation approved under planning application 19/00638/B remains subject to the conditions of that permission, including any restrictions on occupancy or use.

This decision has been made for the following reasons(s) The proposal accords with the Strategic Plan, including Housing Policies 12 and 14, which permit the replacement of an existing dwelling in the countryside subject to siting and scale criteria. While the design does not fully achieve the high-quality contemporary architecture envisaged by Housing Policy 14 or the traditional vernacular principles of Planning Circular 3/91, it represents a clear improvement over the existing dwelling through reduced ridge height, improved massing, material reuse, and enhanced landscape integration. These factors, combined with strong sustainability credentials, justify acceptance under Strategic Policy 5. The scheme also meets Environment Policies 4 and 5 and General Policy 2(d) by safeguarding biodiversity and delivering environmental improvement through landscaping, pond restoration, and species mitigation measures secured by condition. In addition, it satisfies Strategic Policy 1 and GP2 (n) by incorporating sustainable construction and energy efficiency measures and complies with Transport Policies 4 and 7 and General Policy 2(h-i) through safe access and adequate parking. On balance, the proposal is considered acceptable as it meets the Strategic Plan's objectives for environmental improvement, sustainability, and landscape integration, notwithstanding the departure from some design principles.

Date of Issue: 30th November 2025

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