PA 08/819/R Appeal Decision Notice

Please reply to the Chief Executive

Our ref: KAK/MC 7th January 2009 Dear Sir/Madam,

ON APPEAL: PA/819/R – Mrs J Llewellyn – Conversion of a pair of cottages to form a single dwelling for tourist accommodation, Broughjairg, Station Road, Ballaugh, IM7 5AL

I refer to the recent appeal hearing in respect of the above planning application.

In accordance with the provisions of the Town and Country Planning (Development Procedure) Order 2005, I am enclosing herewith a copy of the report of the person appointed to hear this appeal.

The Minister has considered the report, concurs generally with the appointed person’s conclusions, and accepts the recommendation that the appeal should be dismissed.

He has also noted that the conversion has been undertaken without the necessary planning approval, and that there does not appear to be a satisfactory explanation for this breach. In these circumstances, it is appropriate to consider what enforcement action should be taken. Whilst the Minister does not condone any breach of control, he has noted that:-

(a) as recently as August 2004, Approval in Principle was granted for renovation of the former cottages to form accommodation which would be ancillary to the residential use of Brough Jairg; and that

(b) the renovated building is, in the appointed person’s judgment, “not unattractive”.

In these circumstances, and notwithstanding the breach of planning control, the Minister has directed that:-

(1) the Planning Committee’s decision to refuse permission should be confirmed, but without prejudice to a further application for development which accords with the previous Approval in Principle in terms of use, shares the same access and curtilage as Brough Jairg, and which addresses the unsatisfactory appearance of the gables and rear, where the external finish is partly render rather than stone; and that

Our ref: KAK/MC 7th January 2009

(2) any enforcement action should be deferred, either until an application in accordance with (1) above has been finally determined, or until 1st April 2009 if such an application has not been submitted by then.

Formal notice of the Minister’s decision is appended hereto.

Yours faithfully,

L. Minal. Chief Executive.

Please see over for circulation list/...

Circulation List – PA 08/819/R

1. Mrs J Llewellyn, Broughjairg, Station Road, Ballaugh, IM7 5AL,
2. Richard Green Associates (Agent for Mrs J Llewellyn), 87 Circular Road, Douglas, IM1 1AX,
3. Ballaugh Parish Commissioners, Ballavarran Farm, Jurby, IM7 3AN,
4. IOM Fire & Rescue Service, Fire Service Headquarters, Elm Tree House, Elm Tree Road, Onchan, IM3 4EF,
5. IOM Water Authority, Tromode Road, Douglas, Isle of Man,
6. J F Craine, Mwyllin Squeen, Ballaugh, Isle of Man, IM7 5AH,
7. Department of Transport, Highways Division, Sea Terminal Building, Douglas, IM1 2RF,
8. The Editor, IOM Newspapers, Publishing House, Peel Road, Douglas,
9. Manx Radio Newsroom, Douglas Head,
10. Ms J Clague, The Cottage, St Nicholas Field, Breeze Hill, Laxey, IM4 7DL,
11. Radio 3FM, 45 Victoria Street, Douglas, IM1 3RS,
12. Energy FM, 100 Market Street, Douglas, IM1 1PH,
13. Secretary, Planning Appeals,
14. Secretary, Planning Committee,
15. Mr T O'Hanlon, Treasury.

The Town And Country Planning Act 1999

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The Town And Country Planning (Development Procedure) Order 2005

TO: Mrs J Llewellyn, Broughjairg, Station Road, Ballaugh, ISLE OF MAN, IM7 5AL.

[Copies as per Circulation List]

In pursuance of his powers under the above Acts and Order the MINISTER for Local Government and the Environment, following report by the appointed person, does hereby REFUSE the application by you for – Conversion of a pair of cottages to form a single dwelling for tourist accommodation, Broughjairg, Station Road, Ballaugh, IM7 5AL, for the following reasons:-

1. The application is for a free-standing dwelling for tourist accommodation, and is thus tantamount to the formation of a separate residential unit in the countryside; the proposed development would therefore be contrary to General Policy 3 of the Strategic Plan.

1. Whilst the building is well-screened from public view, the development would nevertheless have an adverse impact on the character and appearance of the countryside, in that the external finish to the upper parts of the gables and the rear does not match the traditional stonework of the original building.

NOTE: This decision is without prejudice to a further application which –

(a) proposes that the building should be used only as accommodation which is ancillary to the residential use of Brough Jairg and which shares the same access and curtilage as Brough Jairg; and which (b) addresses the external finishes to which reason (2) above refers.

Date of Issue: 7th January 2009.

By Order of the Minister

Murray House, Mount Havelock, Douglas, Isle of Man.

Chief Executive (Signature)

Note 1: A copy of the report of the appointed person is appended hereto.

Note 2: To the extent that the decision does not follow the recommendations of the appointed person the reason for the decision is also appended hereto.