Decision Notice

Miss Sarah Corlett Ballachrink Croft Ballacorey Road Bride IM7 4AW

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 Mark Shuttleworth, Ref 24/91397/B, for the Demolition of garage, erection of glass house, removal of one vehicular access, alterations to existing dwelling, additional use 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 for additional office use 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 proposed for the barn shall be installed to match the existing barn and retained as such thereafter.

Reason: in the interest of visual amenity to ensure the stone work to the main barn is finished appropriately and in keeping with the existing stone work.

• 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 finish 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 installation of 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:

• o DWG A_1_11 REV B PROPOSED FLOOR PLANS
• o DWG A_2_21 PROPOSED GLASS HOUSE ELEVATIONS AND FLOOR PLAN
• o DWG A_2_20 PROPOSED COTTAGE ELEVATIONS AND FLOOR PLAN
• o DWG A_2_02 B PROPOSED ELEVATIONS 02
• o DWG A_1_10 REV B EXISTING FLOOR PLANS
• o EMAIL FROM THE AGENT RECEIVED DATED 14TH MARCH 2025

• - ALL DATE PUBLISHED ONLINE 17TH MARCH 2025

• o A_1_01__EXISTING_SITE_PLAN
• o A_1_00__LOCATION_PLAN_1_
• o A_1_02__PROPOSED_SITE_PLAN
• o A_2_10__PROPOSED_ELEVATIONS_01
• o A_2_11__PROPOSED_ELEVATIONS_02_1_
• o A_2_01__EXISTING_ELEVATIONS_01
• o GOOGLE_MAP_LOCATION_
• o BALLAVALE_BARNS_PLANNING_STATEMENT_REDUCED

• o BALLAVALE_BARNS_COVERING_LETTER_

• - ALL DATE PUBLISHED ONLINE 16TH DEC 2024

o AGENTS RESPONSE TO DEFA ECOPOLICY TEAM 31.1.25

• - DATE PUBLISHED ONLINE 10TH FEB 2025

• of the existing barn and buildings as a cluster in this specific case and in line with Environment Policy 1, General Policy 2 and Housing Policy 15. Suitably worded conditions in respect of the office will ensure its use only with the botanic garden and this specific nature is considered not to undermine the Draft Economy Strategy to an unacceptable degree and aligning with the principles of Business Policy 7 without preventing the existing barns use as single dwelling. Further conditions in respect of finished stone materials is necessary to ensure visual appearance is in-keeping, preventing any whole structure lighting and the need for bird strike prevention to be provided, car parking and access works to be provided in accordance with the plans, and finally a condition for the avoidance of doubt in respect of the tourist unit and the duplication of the occupation conditions from 2013 minded of the level of works proposed within this application and its physical separation and new elevation walls.

This decision has been made for the following reasons(s) The physical works to the existing barn as well as the erection of the new glass house are considered to be acceptable levels of development and not to adversely impact the wider character and appearance of the countryside nor to detract from the overall traditional qualities

Date of Issue: 29th April 2025

J CHANCE 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