Decision Notice

Sarah Corlett Town Planning Consultancy Ltd 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 Anthony Ritchie Ms Gillian Garriock, Mr David Sylvester, Ref 25/90339/C, for the Change of use of part of Field 425312 to extend residential curtilage (retrospective) at Brook, Ballavere And Miranda Cottages Main Road Colby Isle Of Man IM9 4AD .

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 post and wire fence defining the rear boundary of the residential curtilages of 'Brook Cottage', 'Ballavere Cottage' and 'Miranda Cottage' from the field shall be retained in perpetuity.

Reason: to ensure the curtilage is suitably defined, and in an appropriate finish in the interest of visual appearance and in best maintaining the open views south over the rural fields.

This approval relates to the following all date stamped 27/03/2025:

• - Location Plan 1:2500
• - Site Plan 1:500
• - Planning Statement
• - Aerial Photo

This decision has been made for the following reasons(s) In this case, none of the exceptions of General Policy 3 apply, and there is no over-riding national need to outweigh the requirement to protect the countryside as required by Environment Policy 1, and so at face value there would appear to be conflict with the Isle of Man Strategic Plan 2016. However, the size and scale of the extended curtilage is proportionately small compared with the remaining field and results in an overall plot size and curtilage akin to neighbouring properties. The proposal does not result in any harm to the character and appearance of the dwellings, streetscene or the wider countryside and key open and long distant views to the south remain unaffected. In this particular instance, there would be some conflict with GP3 and EP14 resulting in limited harm, but given the absence of any

visual and practical harm it would be acceptable in this case and not undermining Environment Policy 1 and according with General Policy 2 of the Isle of Man Strategic Plan 2016.

Date of Issue: 11th June 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