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 Duncan Williamson And Catherine Steward, Ref 25/90258/B, for the Variation of Condition 1 of planning permission 21/00649/B (erection of new dwelling) for a further four years at Plot 1 Field 432503 Phildraw Road Ballasalla Isle Of Man .

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 14th July 2029.

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. Prior to the occupation of the dwelling hereby approved, the off road parking, vehicular access and visibility splays (including roadside boundary treatments) shall all be provided in full accordance with the details hereby approved and retained free and available for access and parking purposes at all times.

Reason: In the interest of highway safety and to ensure suitable access and parking provision for the site.

• 3. No site clearance, preparatory work or development shall take place until a tree protection scheme is submitted to and approved in writing by the Department. Tree protection measures shall be shown on a layout plan accompanied by descriptive text which includes but is not limited to details of;

• - The location of the trees to be retained and their canopy spreads;
• - The location of a 'construction exclusion zone'
• - The position of protective fencing and/or other protective measures required to prevent damage to retained trees.
• - An appropriate specification for the protective measures proposed.

The development must be carried out in full accordance with the approved details. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department.

Reason: in the interest of visual amenity to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period in the interest of appearance and character of the site and locality.

• 4. No site clearance, preparatory work or development shall take place until a tree planting plan is submitted to and approved in writing by the Department. Where applicable the plan shall adhere to current British Standard recommendations relating to 'Trees: from nursery to independence in the landscape' (BS8545:2014) and in all cases shall include the following details:

• - the exact location, species, nursery specification and planting specification of each tree (or group of trees) to be planted. Where groups or larger areas are to be planted stating the area and planting density.
• - the approximate date when they are to be planted
• - how they will be maintained until successfully established.

The development must be carried out in full accordance with the approved tree planting plan details as approved, and any trees which, within a period of 5 years from their first planting, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation.

Reason: in the interests of visual amenity and to ensure the development is appropriately landscaped to be in-keeping with its surroundings and locality.

• 5. No site clearance, preparatory work or development shall take place until a soft landscaping plan is submitted to and approved in writing by the Department. The development must be carried out in full accordance with the approved soft landscaping plan within the first available planting season following occupation of the dwelling. Any soft landscaping which, within a period of 5 years from their first planting, are removed, or, become seriously damaged or diseased shall be replaced in the next available planting season with others of similar size and species, unless the Department gives written consent to any variation.

Reason: in the interests of visual amenity and to ensure the development is appropriately landscaped to be in-keeping with its surroundings and locality.

This approval relates to the following:

• o Location Plan P10-100 Rev A
• o Existing Site Plan P10-01 rev A
• o Proposed Site Plan P10-02 Rev A
• o Proposed Ground Floor Plan P10-03
• o Proposed First Floor Plan P10-04
• o Proposed Roof Plan P10-05
• o Proposed Elevations P12-01
• o Proposed Entrance and Visibility Splays K330/
• o Historical Info 1
• o Historical Info 2 All date published online 10 Mar 2025

NOTE The applicant is reminded of their separate obligations under the Wildlife Act 1990 in respect of protected wildlife and invasive planting species

NOTE The applicant is reminded of their separate obligations in respect of any licensing or consents required for importing/exporting fill on the site. This decision has been made for the following reasons(s) In light of there being no changes to the land use designation nor to the key planning policies set out in the IOM Strategic Plan 2016 and Area Plan for the South 2013 the application for a new residential dwelling remains acceptable according with General Policy 2 of the Isle of Man Strategic Plan 2016 and Planning Circular 8/89, and approval for a further four years may be granted. As per the additional assessment in respect of highways and trees, suitably worded conditions will be added to ensure access is provided in full accordance with the plans submitted, and the need for a tree protection plan and tree planting plan be provided prior to any works commencing on the site. A condition in respect of landscaping will also help to ensure updated planting schedule is provided for wider site, and a note will be added to remind the applicant of separate obligations under the Wildlife Act 1990 in regard to invasive species, and the separate need for DEFA consent should any minerals be imported/exported from the site.

Date of Issue: 30th January 2026

A MORGAN Interim 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