DEC Decision Notice

Cornerstone Architects Ltd 79 Parliament Street Ramsey IM8 1AQ

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 Mr And Mrs Moore, Ref 24/00308/B, for the Refurbishment of barns to living accommodation with new sunroom extension. New garage door. New roof to external store and covered log store. at Ballamoar Mullinaragher Road St Marks Ballasalla Isle Of Man IM9 3AQ .

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 approved accommodation can only be used as ancillary accommodation to Ballamoar, Mullinaragher Road. The accommodation cannot be rented out or sold separately from Ballamoar, Mullinaragher Road. Reason: Any changes outside the approved use would require a separate planning approval.
• 3. The development hereby approved shall not be commenced unless a bat and bird mitigation plan has been submitted to and approved in writing. The mitigation plan shall include the type, specification, location of the bat roost room, bat access tile and bat boxes, new nesting locations suitable for barn swallow, an open fronted next box suitable for wagtails and robins and an integral brick suitable for swifts. Details should also be provided about the measures to be implemented to prevent collisions on to clear glass balustrades. Measures could include use of etching, ultraviolet coatings or decals. The proposals shall be carried out in accordance with the approved details and retained thereafter. Reason: In the interests of protecting and enhancing the biodiversity of the environment.

• 4. No permission is hereby given for the installation of any external lighting to the barn hereby approved, unless a low level lighting plan, in accordance with the Bar Conservation Trust and Institute of Lighting Professionals Guidance Note 08/23 - Bats and Artificial Lighting (2023), is submitted to and approved in writing to the Department prior to works commencing and this approved lighting scheme shall be installed prior to occupation of the barn and retained thereafter. Reason: To safeguard roosting bats and in the interests of biodiversity.

This decision relates to the following plans and drawings, date stamped received on 13th March 2024:

• o Drawing No.001
• o Drawing No.002
• o Drawing No.100
• o Drawing No.101
• o Drawing No.301
• o Drawing No.300
• o Planning Statement
• o Ballamoor Farm Protected Species Survey: Birds dated July 2023
• o Email re Bat Method Statement
• o Bat Method Statement for replacement of the soffits and drainage pipes
• o Structural Appraisal
• o Manx Bat Group

This decision has been made for the following reasons(s) The whole proposal is deemed to accord with Strategic Policy 3, General Policy 3, Environment Policies 1 and 42, Housing Policies 11 and Transport Policy 7 of the Isle of Man Strategic Plan and is recommended for approval.

Date of Issue: 18th April 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Acting Head of Development Management 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.

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.