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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 Sarah Corlett Town Planning Consultancy Ltd Ballachrink Roft Ballacorey Road Bride 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 Tom Spiers, Ref 23/00308/B, for the Erection of replacement dwelling at Upper Kirkill Ballakillowey Road Colby Isle Of Man IM9 4BW for the following reason(s): 1. The principle of development for the erection of a replacement dwelling is not accepted as the dwelling to be replaced has not been abandoned, and could be re-instated to provide habitable living accommodation. This is contrary to Strategic Plan Policies GP3d), HP4c), HP12 and HP13. 2. The proposed development is unacceptable because it would be contrary to the provisions of Policy HP14 in the Isle of Man Strategic Development Plan (2016). Whilst the locational requirement of HP14 would be met in that the replacement dwelling would be located on the site of the existing dwelling, the design of the dwelling would exceed the floor-space requirement of no more than 50% of the original dwelling. This is because the overall floor area should take into account the actual floor area which is proposed by the design of the dwelling. This includes that of the front and rear balconies and the rear external staircase. These features are what the design proposes with access between the two separate elements of accommodation at first floor level presaged on the walkway link between the balconies and which reflects the functionality of the dwelling at first floor level. The existing dwellings floor area amounts to approx. 247m2. The overall floor area of the replacement dwelling would amount to approx. 489m2 when taking into account the proposed accommodation on the ground and first floor levels and balconies. This represents an increase of approx. 98%. Such an increase in proposed floor area exceeds the 50% Policy limit over that of the existing dwelling and is therefore, contrary to the provisions of Policy HP14. 3. The application proposes the loss of one of the most prominent dwellings in this landscape. Whilst not totally traditional in form, its presence is part of the cultural landscape that the Landscape Assessment and the Island's Biodiversity status seek to preserve. The design of the proposed replacement dwelling is contemporary, and the form and materials proposed by the new dwelling would be out of character with the landscape in which it would sit. Whilst being modern and to some extent, innovative, (use of Solar PV Panels on its SE facing roof-slope) its presence would be obvious and given the open, upland nature of the landscape in which it would sit, it would be obvious when viewed from afar. As such,

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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 it would be out of character and keeping with its surroundings and would not result in an environmental improvement. This would be contrary to the provisions of Strategic Policy 5, General Policy 2 parts b) and c); and, Environment Policy 1, which seeks to protect the countryside for its own sake especially given the natural, predominantly open and exposed landscape in which the site is located. Date of Issue: 11th July 2023 Director of Planning and Building Control

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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 Guidance Note This decision was made by a Principle 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 £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.