DEC Decision Notice

Dave Luton Design Engine House Studio Agneash Lonan Isle Of Man IM4 7NS

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 subordinate Orders and Regulations, the Department of Environment, Food and Agriculture determined to REFUSE an application by Mr Jonathan Quine, Ref 22/00923/B, for the Erection of a replacement farmhouse at Ballakilley Farm Bride Isle Of Man IM7 4AT for the following reason(s):

• 1. The proposed development would result in the loss of a dwelling considered to be of sufficient historic and architectural significance which warrants protection. In the absence of sufficient evidence demonstrating that the building cannot be appropriately restored and renovated, the principle of replacing the dwelling is therefore unacceptable and contrary to Housing Policy 12 of the Strategic Plan (2016).
• 2. The built form and design of the replacement dwelling is not considered to be of a particularly high quality or conducive to a high standard of development in the context of the existing traditional, historic farmhouse, the immediate streescene and the wider landscape setting of the site. The development would therefore fail to protect or enhance the character and setting of the area, and is therefore unacceptable from a design and visual impact perspective, contrary to General Policy 2 (b) & (c), Planning Circular 3/91 Guide to the Design of Residential Development in the Countryside and Housing Policy 14 of the Strategic Plan (2016).

Date of Issue: 20th February 2023

Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner in accordance with the authority delegated to them.

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 led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.

Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain:

the grounds for making the appeal;

payment of the planning appeal fee (currently £305); and if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £115).

Where the appeal is submitted by the applicant they must:

specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and

Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance.

If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated.

An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal

If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.