Planning Refusal Notice

Town and Country Planning Act 1999

Town and Country (Development Procedure) Order 2005

Guy J Thompson The Old Paint Shop Athol Street Port St Mary IM9 5DS

In pursuance of powers granted under the above Act and Order the PLANNING COMMITTEE of the Department of Local Government and the Environment does hereby REFUSE the following application made on behalf of:

Name: Mr H Quayle Proposal: Conversion of blocks A & B from tourist to permanent accommodation, creation of a 15 vehicle car park and landscaping at: Ballahowin Farm Braaid Road St Marks Ballasalla Isle of Man IM9 3AS

which was considered on 16 February 2007, for the reasons set out below.

Date of Issue: 22 February, 2007

Murray House Mount Havelock Douglas

Secretary Planning Committee

Reasons For Refusal:

1. Whilst Planning Circular 3/89 makes provision for the renovation and conversion of redundant buildings in the countryside, there is no evidence to suggest that the building is redundant for its most recently approved use (that is, tourist accommodation under the provisions of PA 01/2224). As such, the proposal fails to comply with the provisions of Planning Circular 3/89.

1. Planning Circular 3/89 also requires that the use to which buildings which are to be considered suitable for renovation are to be put, must be compatible with other adjacent land uses. In this case the buildings are alongside existing residential property as well as agricultural buildings and activity and also tourist accommodation which is to be retained.

In the case of the adjacent residential accommodation, the introduction of permanent living accommodation is likely to result in an increase in traffic, concentration of the movement of this traffic to particular times of the day, the keeping of domestic pets and an increase in noise all of which could adversely affect the amenities of those living close to the site and coming and going to those properties.

In the case of the agricultural activities, the introduction of permanent living accommodation in such quantities in the midst of a farm yard together with the traffic associated with those units, are not likely to be compatible with a working farm or the proposed future educational facilities permitted under PA 04/2558.

Finally, in the case of the remaining tourist units, the proximity of permanent units is likely to result in diminution of the enjoyment of the holiday accommodation through the potential for early morning pedestrian and vehicular movement (residents going to work), and disturbance of those in the permanent accommodation through the likes of the possible later arrivals home of the holiday-makers, possibly in taxis.

1. The creation of more substantial car parking facilities and the appearance of so many parked vehicles associated with the occupation of the permanent accommodation is not considered to be sympathetic to the existing barn complex whose conversion has largely retained the original character and appearance of the barns as rural buildings.

1. The location of the proposed residential units is not one which would be generally considered as sustainable as the site is some distance from any village facilities or services and those living in each property would be reliant upon the private motor vehicle for such amenities. This is of particular concern as there is a valid permission for a use (tourist accommodation) for which a sustainable location is less important.

This decision was made by the Planning Committee constituted in accordance with Article 3(1) of the Town and Country Planning (Development Procedure) Order 2005.

The decision contained in this notice does not become final until either;

• The time for requesting an appeal has expired; or
• Any appeal has been determined;

Whichever is the later.

Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

A form and guidance notes are available from either the Planning Office, Tel 685950, or to down load from the Department’s website www.gov.im/dlge/planning/plan

You should note that a copy of the Officer’s report which led to the decision being made, along with any correspondence relative to the application, is available for inspection at the Department.