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 Barry Murphy, Ref 25/90974/B, for the Replacement of existing dwellinghouse with two semi-detached dwellinghouses at East View Sulby Bridge Sulby Isle Of Man IM7 2EU .

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 four years from the date of this decision notice.

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. No above-ground floor development shall commence until a schedule of external materials and finishes, including manufacturer's details and specifications for render, cladding, roof tiles, fenestrations, and rainwater goods, has been submitted to and approved in writing by the Department. The development shall not be carried out other than in strict accordance with the approved details.

Reason: To ensure the development is carried out to the highest standards of design and appearance, in the interests of visual amenity and compliance with Strategic Policy 5 and General Policy 2(b, c and g).

• 3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2025 (or any Order revoking and/or re-enacting that Order with or without modification), no extension, enlargement, alteration of the dwellings, and no garages, outbuildings, or other free-standing structures shall be erected within the curtilage of the dwellings hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.

Reason: To control future development and protect the amenities of adjoining occupiers and the design quality assessed in the application, in accordance with Strategic Policy 5 and General Policy 2(b, c and g).

• 4. The north-facing bathroom window in Dwelling B, shall be glazed with obscure glass to Pilkington Level 3 (or equivalent) and shall be non-opening below 1.5m internal cill height. The west facing bathroom window on Dwelling A shall be glazed with obscure glass to Pilkington Level 3 (or equivalent). This specification shall be permanently retained thereafter.

Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy in accordance with General Policy 2(g).

• 5. The only model of the Air Source Heat Pump that can be installed is the Mitsubishi PUHZ-W85VAA(-BS) Ultra Quiet Ecodan or another equivalent model with the same or lower noise output.

Reason: To ensure the development is implemented according to the plan/details submitted, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.

• 6. The Air Source Heat Pumps must be installed in accordance with the approved site plans (Dwg Nos. 1081-22 and 1081-23) showing their position and the supporting information, including clearance of 300mm from obstructions and air discharge facing away from neighbouring boundaries, and must be maintained as such thereafter.

Reason: To ensure the development is implemented according to the plan/details submitted, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.

• 7. Prior to the occupation of the dwellings hereby approved, the accesses, visibilitysplays, parking spaces, turning areas, and cycle storage shall be provided and surfaced in accordance with the details shown on the approved plans (Dwg Nos. 1081-22 and 1081-23). Once provided, all access, parking and turning areas shall thereafter be permanently retained as such.

Reason: To ensure highway safety and adequate parking provision in accordance with Transport Policy 7 and General Policy 2(i).

• 8. The development shall be carried out in full accordance with the flood mitigation measures set out in the Flood Risk Assessment prepared by Barry Murphy Construction (dated 13 October 2025), including finished floor levels at 16.00m AOD, open-faced boundary treatments, solid ground floor construction without airbricks, raised electrical points, and engineered surface water disposal. These measures shall be implemented prior to occupation and retained thereafter.

Reason: To safeguard the amenities of future occupiers and ensure compliance with Environment Policies 10 and 13 of the Strategic Plan.

• 9. The landscaping works shall be carried out in full accordance with the Site Plan as Proposed (Dwg No. 1081-23), including the planting of native species and the protection of retained trees.

All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the

Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950

development or the occupation of any unit, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: To ensure appropriate landscaping and maintain local character in accordance with

• Environment Policy 4.

1. Prior to the installation of the swift nest bricks, detailed specifications shall be submitted to and approved in writing by the Department. The swift nest bricks shall then be installed in the locations shown on the Plans and Elevations as Proposed (Dwg No. 1081-24) before the occupation of the dwellings and retained thereafter.

Reason: To provide nesting opportunities and enhance biodiversity in accordance with

• Environment Policy 5. This decision relates to the following documents and plans: Documents

• o Cover Letter (16 Oct 2025)
• o Planning Statement (16 Oct 2025)
• o Flood Risk Statement (16 Oct 2025)
• o Air Source Heat Pump Product Information (16 Oct 2025)
• o Site Photographs (16 Oct 2025)
• o Drawing Register (16 Oct 2025) Plans
• o Location Plan - Dwg No. 20 (16 Oct 2025)
• o Existing Site Plan - Dwg No. 21 (16 Oct 2025)
• o Proposed Site Plan 1:200 - Dwg No. 22 (16 Oct 2025)
• o Proposed Site Plan 1:100 - Dwg No. 23 (16 Oct 2025)
• o Proposed Plans and Elevations - Dwg No. 24 (28 Oct 2025)

NOTE The applicant is advised that the existing building may support roosting bats. A preliminary bat assessment by a qualified ecologist should be undertaken prior to demolition, and any mitigation required must comply with the Wildlife Act 1990. DEFA Ecosystem Policy Team should be consulted for statutory advice.

This decision has been made for the following reasons(s) The proposal complies with the Isle of Man Strategic Plan (2016), including Strategic Policies 1, 2, 3(b), 4, 5, 10 and 11, General Policy 2, Environment Policies 4, 5, 10, 13 and 42, and Housing Policy 4, together with the Residential Design Guide 2021. The principle of development is established, and the revised scheme addresses previous refusal reasons by delivering a design that respects local character while incorporating sustainability measures. Privacy safeguards for neighbouring occupiers, improved internal layouts, and flood mitigation have been secured, and biodiversity enhancements are included. Safe access and parking arrangements meet Transport Policies 4 and 7. The development represents an efficient and sustainable use of land within a designated residential area and is considered acceptable in accordance with the Strategic Plan and other material considerations.

Date of Issue: 6th February 2026

Abigail Morgan

Interim Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

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