Decision Notice

Mr DANIEL REID 10 Falcon Cliff Court Douglas IM2 4AQ

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 Mrs H M Radcliffe, Ref 24/00859/B, for the Erection of single-storey dwelling at Plot Of Land North Of Scrondall Glen Road Ballaugh Isle Of Man for the following reason(s):

• 1. The proposed development is situated outside the settlement boundary of Ballaugh and within the countryside, where residential development is restricted by Strategic Policy 2, Housing Policy 4, and General Policy 3 of the Isle of Man Strategic Plan (2016). The proposal fails to meet the criteria for exceptional circumstances that justify housing in this location, and no 'other material considerations' have been identified to outweigh these policies, which have been informed by public consultation and adoption by Tynwald.
• 2. Whilst many of the trees are of low amenity value, their removal still contributes to a fundamental shift in the site's rural and scenic character, affecting its visual integration within the countryside. Although individually these trees may not hold significant aesthetic or conservation importance, their collective presence maintains the character and landscape continuity of the area. The introduction of a domestic built form, combined with the loss of natural features, diminishes the site's ability to align with countryside preservation policies. As a result, the proposal fails to respect the rural setting, conflicting with Environment Policy 2

• (EP2) and General Policy 2(b & c) (GP2) of the Isle of Man Strategic Plan (2016), which prioritize the protection of Areas of High Landscape and Scenic Significance.

1. The proposal involves the removal of T2, a category B silver birch identified as holding landscape significance, which directly conflicts with General Policy 2(f) and Environment Policy 3

• (EP3) of the Isle of Man Strategic Plan (2016). As the tree is highly visible from various locations it is considered to provide high amenity value to the area. The loss of the birch tree has not been justified in agricultural terms and its removal would have a detrimental impact on amenity and its loss to provide a dwelling on an unallocated site in the countryside is not

considered to outweigh the loss of the amenity that would result from the removal of the tree. In addition it is considered that the proposed mitigation measures do not sufficiently compensate for the loss of this key landscape feature, failing to align with policy requirements for woodland preservation and site integration. Given the non-zoned status of the site, T2's removal cannot be justified against existing policy protections, reinforcing the conflict with EP3 and GP2(f).

Date of Issue: 30th May 2025

J CHANCE 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 (https://pbc.gov.im/online-applications/)

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 £355); 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 £130).

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.