DEC Decision Notice

AMG Investments Mrs N Wiseman The Office Ballamona Farm Oak Hil Port Soderick Isle Of Man IM4 1AT

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 AMG Investments, Ref 22/01167/B, for the Alterations, extensions to existing dwelling and conversion of outbuildings to form residential accommodation together with the erection of a garden room and domestic garage and associated landscaping including a natural swimming pool at Ballamona Estate, Oak Hill Port Soderick Isle Of Man IM4 1AT.

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. The development for the alterations and extensions to the existing dwelling and conversion of outbuildings to form residential accommodation, hereby permitted, shall be constructed in accordance with the following approved details as outlined on the submitted Drawing - Drawing No. 2200-PR-301 Rev. A. Namely:

• o Stonework of existing Barns to be retained and re-pointed where necessary with lime mortar to match existing;
• o Existing windows being 'blocked up' to be filled with 'reclaimed' bricks that match the existing already used on the property i.e. garden walls;
• o Existing windows in the Barn to be replaced with double glazed timber framed windows (RAL colour to be conformed) to match existing windows;

• o New windows in the Barn to match style and appearance of the existing windows to be replaced. 'Reclaimed' bricks to be used on the newly formed lintels and reveals. New sills to match stone sills of existing windows.
• o New doors of the Barns to be of Engineered Oak with painted finish (RAL colour to be conformed) and Glazed Vision panels as detailed on the windows and doors schedule;
• o External walls of the proposed link building and extension to be finished in 'Larch' feather edge cladding boards - natural finish. Plinth course to be finished in Manx stone;
• o Large glazing and doors to Extension and Link Building to have powder coated aluminium framed, double glazed units with low e-coating. Frames to be finished in RAL Colour 7043 (Traffic Grey);
• o Extension and link to have felt 'sedum' roof with overhang finished in standing seam aluminium roofing profile system;

Reason: To ensure that high quality materials are used for the alterations and extensions to the existing dwelling and conversion of outbuildings which reflect and preserve the character and historic significance of the Barn structure and Farmhouse and impart a high quality finish in the interests of visual amenity.

• 3. The development for the erection of the new Garage Block, hereby permitted, shall be constructed in accordance with the materials as outlined on the submitted Drawing -

• Drawing No. 2200-PR-400 Rev. A, unless otherwise agreed in writing with DEFA Planning.

Reason: To ensure that high quality materials are used for the alterations and extensions to the existing dwelling and conversion of outbuildings which reflect and preserve the character and historic significance of the Barn structure and Farmhouse and impart a high quality finish in the interests of visual amenity.

1. The development for the erection of the new Garden Room, hereby permitted, shall be constructed in accordance with the materials as outlined on the submitted Drawing -

• Drawing No. 2200-PR-401 Rev. A, unless otherwise agreed in writing with DEFA Planning.

• 5. Prior to the commencement of development on site, including any works required for demolition, protective 'Heras' fencing as shown on the Tree Protection Plan Drawing submitted as part of the Arboricultrural Impact Assessment (AIA) and Tree Protection Plan prepared by Manx Roots Tree Management (dated August 2022) - shall be erected around the 'Construction Exclusion Zone' shown on this plan, especially for Tree Groups 1, 4 and 5, where they abut the areas of development. The protective fencing should be installed to form the construction exclusion zone in accordance with BS5827:2012. Such fencing shall be retained in the positions shown throughout the construction period for the development, hereby permitted. At no time before, during or after the construction period, when the fencing has been removed, shall any construction materials, machinery, liquids or fuel be stored within any of the 'Construction Exclusion Zones' shown and annotated as such on the Tree Protection Plan.

Reason: To ensure that trees to be retained on and around the site are protected throughout the construction period.

• 6. Prior to the commencement of the development, hereby permitted, details of biodiversity mitigation measures in respect of Protected Species (Bats) and nesting birds shall be submitted to and approved in writing by DEFA Planning. Such details shall cover

Reason: To ensure that high quality materials are used for the alterations and extensions to the existing dwelling and conversion of outbuildings which reflect and preserve the character and historic significance of the Barn structure and Farmhouse and impart a high quality finish in the interests of visual amenity.

avoidance of harm to protected species, and nesting birds. The mitigation measures and biodiversity enhancement outlined therein shall be implemented in full, unless otherwise approved in writing by DEFA Planning.

Reason: For the conservation and protection of legally protected species, in accordance with the requirements of the Wildlife Act 1990 and Environment Policies 4 and 5 in the Adopted Isle of Man Strategic Plan 2016.

• 7. Details of foul and surface water drainage provision to serve the development, hereby approved, shall be submitted to and approved in writing by DEFA Planning. Such approved drainage scheme shall be installed prior to the development hereby permitted being first occupied and shall thereafter be retained and maintained at all times.

Reason: To ensure that the site is adequately drained and does not increase the risk of flooding elsewhere.

• 8. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no satellite dish, or solar panels shall be attached to any building or erected within the site, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To safeguard the residential character and amenities of the area.
• 9. The development hereby permitted shall be occupied as a single dwelling only and the proposed annex accommodation; garage; garden room, buildings, hereby permitted, shall not be occupied at any time other than for purposes ancillary to the residential use of the site as a single dwelling.

Reason: To ensure that the annex accommodation remains as part of the single dwelling on the site. This is due to the application site being located in the open countryside where planning permission for a separate unit of living accommodation would not be granted unless there was an identified and justified need - such as a requirement for an agricultural or forestry worker. This accords with the provisions of General Policy 3a); Housing Policies 4a) and 11; and, Environment Policy 1 in the Adopted Isle of Man Strategic Plan (2016).

This approval relates to: Drawing No. 2200-EX-001 - Site Location Plan @ scale 1:2,000 showing site edged red and Estate Land edged blue;

• Drawing No. 2200-PR-101 Rev. A - Proposed Site Plan;
• Drawing No. 2200-PR-102 - Proposed Site Plan;

• Drawing No. 2200-PR-200 Rev. A - Proposed Ground Floor Plan;
• Drawing No. 2200-PR-201 Rev. A - Proposed First Floor Plan

• Drawing No. 2200-PR-300 Rev. A - Proposed South, North and West Elevations;
• Drawing No. 2200-PR-301 Rev. A - Proposed Section A-A East facing courtyard elevations; Proposed Section B-B North facing courtyard elevations; and, Proposed Section C-C South facing courtyard elevations;

• Drawing No. 2200-PR-400 Rev. A - Proposed Garage Block Floor Plans and Elevations;
• Drawing No. 2200-PR-401 Rev. A - Proposed Garden Room Floor Plan and Elevations; Document Ref: 2200-DOC-100 - Appendix C: Arboricultural Impact Assessment and Tree Protection Plan - Dated August 2022; Document Ref: 2200-DOC-100 - Appendix B: 'Preliminary Tree Survey, Ballamona Estate', Manx Roots Tree Management. Dated - March 2022;

and Documents - all date stamped and received 23 September, 2022. NOTE FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.

You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.

To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.

A Overall it is concluded that the planning application accords with the provisions set out in General Policy 2 b) c) g) and i) Housing Policies 4, 11 and 15, Environment Policy 1 and Environment Policy 22 of the Isle of Man Strategic Plan 2016.

This decision has been made for the following reasons(s) Overall it is concluded that the planning application accords with the provisions set out in General Policy 2 b) c) g) and i) Housing Policies 4, 11 and 15, Environment Policy 1 and Environment Policy 22 of the Isle of Man Strategic Plan 2016.

Date of Issue: 25th July 2023

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 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.

Implementation The decision does not become final until either

•  Any appeal has been concluded; or
•  21 days have passed since the date on this notice and no appeal has been submitted

Development must progress in accordance with the plans approved under, and any conditions attached to this approval (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 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 £335); 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 £125). 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 (should one have been received) 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.