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 Damian And Sharlotte Bird, Ref 24/91170/B, for the Extension to outbuilding to provide ancillary living accommodation and creation of new detached double garage at Ballakewin Old Farmhouse Foxdale Road Ballasalla Isle Of Man IM9 3ET .

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 operations shall commence on site in connection with the development hereby approved (including any clearance, demolition works, tree works, fires, soil moving, temporary access construction and / or widening or any operations involving the use of motorised vehicles or construction machinery) until a detailed Arboricultural Method Statement (AMS) in accordance with BS5837:2012 Trees in relation to design, demolition and construction Recommendations has been submitted to and approved in writing by the Department and the protective fencing is erected as required by the AMS. The AMS shall include full details of the following:

• a) Timing and phasing of Arboricultural works in relation to the approved development.
• b) Detailed tree felling and pruning specification in accordance with BS3998:2010 Recommendations for Tree Works.
• c) Details of a tree protection scheme in accordance with BS5837:2012: which provides for the retention and protection of trees, shrubs and hedges growing on or adjacent to the site which are shown to be retained on the approved plan
• d) Details of any construction works required within the root protection area as defined by BS5837:2012 or otherwise protected in the approved Tree Protection Scheme
• e) Details of the location of any underground services and methods of installation which make provision for protection and the long-term retention of the trees. No services shall be dug or laid into the ground other than in accordance with the approved details
• f) Details of any changes in ground level, including existing and proposed spot levels required within the root protection area as defined by BS5837:2012 or otherwise protected in the approved Tree Protection Scheme.

• g) Details of the arrangements for the implementation, supervision and monitoring of works required to comply with the arboricultural method statement

Reason: To ensure the continued well being of the trees in the interests of the amenity and environmental quality of the locality

• 3. No trees, shrubs or hedges within the site which are shown as being retained on the approved plans shall be felled, uprooted, wilfully damaged or destroyed, cut back in any way or removed without the prior written consent from the Department. Any trees, shrubs or hedges removed without such consent, or which die or become severely damaged or seriously diseased with five years from the completion of the development hereby permitted shall be replaced with trees, shrubs or hedge plants of similar size and of native species and retained thereafter.

Reason: To ensure the continued wellbeing of the trees in the interests of the amenity and environmental quality of the locality

• 4. The new garage hereby approved shall only be used for the parking and housing of vehicles and/or for ancillary domestic storage purposes only in relation to the residential occupation of Ballakewin Old Farmhouse. It shall not be used to provide any ancillary living or sleeping accommodation.

Reason: The application has been assessed on this use basis only, and is to be located in a key area with a high potential for surface water flood risk.

• 5. The outbuilding living accommodation hereby approved shall be used only for purposes incidental to the enjoyment of 'Ballakewin Old Farmhouse' as a single dwellinghouse. There shall be no separation of the outbuilding or separate curtilage formed and the outbuilding annexe shall at no time be used as an independent dwellinghouse or tourist use/commercial use.

Reason: The application has been assessed on this use basis only, and in the interest of the protection of the countryside.

• 6. For the avoidance of doubt all cedar or larch cladding as shown on drawings 05 REV A and 06 and shall be installed vertical in proportion and retained thereafter. No approval is hereby given for such finishes to be installed horizontal in proportion. Reason: In the interest of the visual amenities of the buildings. This approval relates to the following:

• - drawing number 24 1819 01
• - drawing number 24 1819 02
• - drawing number 24 1819 03
• - Photo Sheets 1-12
• - Arboricultural Impact Assessment - Wilson Tree Care all date published online 21 Nov 2024 Manx Bat Group dated 31st January 2025 and published online 11 Feb 2025
• - drawing number 24 1819 04 Rev A
• - drawing number 24 1819 05 Rev A covering letter

all date published online 14 Aug 2025 This decision has been made for the following reasons(s) The amended outbuilding scheme is considered acceptable, remaining visually subordinate to the main dwelling and its physical works falling in line with those principles of Housing Policy 11 and Environment Policy 16 relating to works to rural buildings, and having acceptable visual impact in terms of General Policy 2 (b, c, g) and on the wider countryside. The garage, while involving the removal of boundary trees and resulting in considerable change to the streetscene, remains visually acceptable due to its subordinate scale, lower siting, and subordinate relationship to the dwelling and taking into account the relationship of its siting with the main house so as to not result in significant harm to the countryside in line with Environment Policy 1. Surface water flood risk is accepted in this case and conditions to prevent any sleeping in the garage are appropriate along with tree conditions to safeguard those trees to be retained trees and provision of a tree method statement. Use of proposed annexe is also to be restricted in connection with the main house only.

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