DEC Decision Notice

Sarah Corlett Town Planning Consultancy Ltd Ballachrink Croft Ballacorey Road Bride Isle Of Man IM7 4AW

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 & Mrs Colin and Gwen Kelly, Ref 22/01373/A, for the Approval in principle for erection of dwelling to replace Ballashamrock farmhouse with all matters reserved for subsequent approval at Ballashamrock Farmhouse Port Soderick Glen Port Soderick Isle Of Man IM4 1BE for the following reason(s):

• 1. The proposed replacement dwelling fails to meet Housing Policy 12 as it will result in the loss of an existing dwelling of architectural and historic interest which should be sought to be retained and renovated.
• 2. The proposal seeks to create an additional dwelling in the countryside as replacement for a dwelling that would be retained substantially on site and as such is considered to conflict with the requirements of General Policy 3 which sets out the criteria within which replacement dwellings would be created in the countryside, and how new housing is to be created in the countryside.
• 3. Insufficient information has been provided to demonstrate that the development would not result in the loss of existing housing which is fit for habitation or which could be made fit at reasonable cost. Additionally, the application is not accompanied by firm proposals for replacement housing and as such the development would be averse to the requirements of Housing Policy 18.

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.

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.