Decision Notice

Mr Ste Stanley Pear Tree Cottage Crossag Road, Ballasalla Isle of Man IM9 3EF

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 Christopher John Looney, Ref 25/90371/C, for the Additional use of living space above detached garage as tourist accommodation (class 3.6) at Ballahutchin House Ballahutchin Hill Union Mills Isle Of Man IM4 4AT .

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 tourist accommodation and use hereby approved shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any three month.

Reason: To ensure that the development is used an occupied solely as short-term tourist holiday accommodation.

• 2. 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.

• 3. The tourist development hereby approved shall remain connected to the main house known as "Ballahutchin House" and shall only be used for tourist purpose in line with C3 and shall not be sold rented or used as a separate independent dwelling at any time.

Reason: To ensure that the development is only used in connection to the main house and to prevent the creation of an unjustified separated dwelling in the countryside.

This decision hereby approved relates to documents submitted to the Department on 07.04.2025

This decision has been made for the following reasons(s)

The Planning Committee, in the meeting on 11th August 2025, overturned the Case Officer's recommendation for refusal on the basis that: "Despite policies setting out the criteria for converting rural buildings to create tourist units and those against development in the countryside, given the small and ancillary scale of the proposed tourist unit, namely a onebedroom unit, and its close proximity to the main house, it is considered to have limited harm. In addition, it is considered to meet the DfE Visitor Economy Strategy. Furthermore, planning conditions would ensure its connection to the main house, its use for tourism only, and that it not be separated or sold separately."

Date of Issue: 28th August 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