Appeal Letter and Notice

Mr & Mrs David and Mary Keating Moaney Woods Farm Lonan Old Church Road Laxey IM4 7JX

Telephone (01624) 685958 Email: [email protected] Contact: Scott Gallacher Our Ref: MEC /AP24/0054 Date: 9th April 2025

Dear Sir/Madam,

ON APPEAL

Appeal Ref: AP24/0054 PA No: 24/00770/B Address: Moaney Woods Farm Lonan Church Road Laxey Isle Of Man IM4 7JX Proposal: Conversion of agricultural building to residential (non-habitable) accommodation ancillary to the occupation of Moaney Woods Farm (retrospective)

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

In accordance with the provisions of The Town and Country Planning (Development Procedure) Order 2019, I herewith give notice of the appeal decision.

The Minister for Environment, Food and Agriculture, the Hon C Barber MHK, has considered the report, concurs with the appointed person’s conclusions, and accepts the recommendation that the appeal should be dismissed. Accordingly, she has directed that the Department’s decision to refuse the application should be upheld, and that the application should be Refused. Formal notice of this decision is attached.

Scott Gallacher Chief Officer

cc. Miss Sarah Corlett, Ballachrink Croft, Ballacorey Road, Bride, IM7 4AW

The Town And Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2019

Mr & Mrs David and Mary Keating Moaney Woods Farm Lonan Old Church Road Laxey IM4 7JX

Appeal Ref: AP24/0054

In pursuance of her powers under the above Act and Order/Regulations, the Minister for the Department of the Environment, Food and Agriculture, the Hon C Barber MHK does hereby in the name of and on behalf of the Department REFUSE planning application 24/00770/B by Mr & Mrs David and Mary Keating for Conversion of agricultural building to residential (non-habitable) accommodation ancillary to the occupation of Moaney Woods Farm (retrospective) - Moaney Woods Farm Lonan Church Road Laxey Isle Of Man IM4 7JX for the following reason(s):-

Reason(S) For Refusal:

1. The proposed development is unacceptable as the principle of the conversion from the existing agricultural building to a residential (non-habitable) accommodation is not accepted as the site lies within a rural and protected part of the countryside, where any development is strictly controlled, with the site not being allocated specifically for any development. The site is also not within any settlement boundary, and is not a building of historic, architectural or social interest warranting its conversion as an exception to development in the countryside. No personal circumstances have been put forward by the applicant to be considered to warrant a departure from the policies set out within the Strategic Plan (Strategic Policy 2, Spatial Policy 5, Environment Policy 1, General Policy 3, and Environment Policy 16 of the Isle of Man Strategic Plan 2016).

1. The proposed development, by virtue of its design and use of large areas of glazing, would fail to relate positively and appropriately to the character of the surrounding countryside as it does not take into account a proper analysis of the context of the immediate locality, and would have a deleterious impact on the surrounding countryside, and this conflicts with Environment Policy 16 (c), General Policy 2(b) and Strategic Policy 5 of the Isle of Man Strategic Plan 2016, which all require that the proposal takes into account the landscape context and the impact on the amenities of the area in which it is sited.

1. The fact that the building has an independent access, sits outside the historic curtilage of 'Moaney Woods, is an agricultural building with restrictive agricultural conditions within agricultural land undermines the argument that the building would be ancillary to 'Moaney Woods'. It is also considered that no approval has been granted to allow the extension of the residential curtilage of 'Moaney Woods' into this site, with the historic applications showing that there has been no change to the residential curtilage. It is also considered that the extant conditions on site would facilitate the future severance of this property from 'Moaney Woods', should residential use of the building be allowed. Therefore, the application will be at variance with the character of the area and contrary to General Policy 3, and Environment Policy 1 of the strategic Plan.

1. The extension of the residential curtilage to include the agricultural buildings and agricultural field, with insufficient over-riding justification having been demonstrated represents an unwarranted domestic intrusion into the open countryside beyond the existing residential curtilage of 'Moaney Woods'. As such, the proposal is contrary to General Policy 3, Environment Policy 1, and Spatial Policy 4 of the Isle of Man Strategic Plan 2016, and the Area Pan for the East.

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

Note 2: All parties should note that there is no prescribed right of appeal relevant to the Minister'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.

Note 3: The letter which accompanies this notice forms part of the notice in accordance with Article 13 (3) of the Town & Country Planning (Development Procedure) Order 2019.