DEC Cabinet Office Decision Notice

The Owner Cregg Mill Silverdale Road Ballasalla IM9 3DS CABINET OFFICE Government Office DOUGLAS Isle of Man IM1 3PN Tel (01624) 685280 Email [email protected] Our Ref: DF21/0004 Planning Application Ref No: 21/00778/C Dear Sir/Madam, THE TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

Applicant:	Trail Lodge Limited
Proposal:	Change of use of lower ground floor to tourist accommodation
Address	Cregg Mill, Silverdale Road, Ballasalla IM9 3DS

The Planning Inspector appointed by the Council of Ministers has now considered the application and submitted his report in accordance with statute.

On 14th October 2022 the Council of Ministers considered the recommendations of the Planning Inspector and determined to approve the application subject to the conditions specified below.

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Mr Caldric Randall FCCA Interim Chief Secretary

Date of Issue: 19th October 2022

Conditions of Approval

• 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 CountryPlanning (Development Procedure) Order 2019 and to avoid theaccumulation of unimplemented planning approvals.

• 2. Notwithstanding the submitted plans, the proposed flood wall shall be similar to the existing stone walls on the site in terms of its shape, colour, size and thickness.

Reason: To ensure that the flood wall detailing preserves theappearance and characterof the Silverdale Conservation Area andto ensure that the new wall ties in with the existing walls to which itwould be attached.

• 3. No works in connection with the development hereby approved shall commence until details of proposed construction materials showing, including the colour, texture, bond and pointing of any stonework and render and manufacturer's specification for the flood barrier system have been submitted to and approved in writing by the Department.

Reason: In the interests of the appearance of the development andthe visual amenities of the area.

• 4. The development hereby approved shall not be used or occupied other than for the purpose of short-let holiday accommodation and shall not be used as a separate dwelling. The accommodation hereby approved shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any calendar year.

Reason:To ensure that the development is only used and occupiedas short let holiday accommodation and to prevent the creation ofan unjustified separate dwelling in the countryside.

• 5. The development hereby approved shall be carried out in strict accordance with the submitted Flood mitigation scheme detailed in the Planning Statement, Correspondence in Cover Email dated 21 June 2022, Proposed Plans and Sections received 12 April 2022, and the Lakeside Flood Solutions Brochure, and shall be retained thereafter. The tourist accommodation shall not be brought into use until these mitigation measures have been fully implemented.

Reason: To provide appropriate mitigation against flooding and toensure that flood vulnerability for the site is not exacerbated by thedevelopment.

• 6. The tourist accommodation hereby approved shall not be occupied or let between the months of October, November & December of any year.

Reason: To ensure proper control of the development and to reflect the information provided in the application, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.

• 7. The development hereby approved shall be carried out only in accordance with the following drawings and documents:

Drawings 01, 02, 03 received 24 June 2021 Drawings A01, A02 received 12 April 2022 Flood Barrier Systems brochure received 1 July 2022

Reason: For the avoidance of doubt and in the interests of properplanning.

Yours faithfully,

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Andy Johnstone Planning Appeals Administrator On behalf of the Interim Chief Secretary

In accordance with statute, please be advised that the decision of the Council of Ministers is binding and final.

All parties should note that there is no prescribed right of appeal relevant to the Council’s decision herein and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within 3 months.