25/90823/LAWApproved

5 November 2025 · Delegated - Head of Development Management (S Butler)

Certificate of lawful development for the comencement of work for PA 17/00414/B

Land At Ballacubbon - Fields 424841 & 424842, Main Road, Colby, Isle Of Man, IM9 4pr

Received4 Aug 2025

Validated22 Aug 2025

Decided5 Nov 2025

3 months

Received4 Aug 2025

Validated22 Aug 2025

Decided5 Nov 2025

3 months

Why was this approved?

Evidence of substantial footpath works matching approved plans
Timing within 4-year limit from 27 November 2017 appeal approval
Discharge of pre-commencement conditions 6, 7, 8
Application of Whitley principle and exceptions
Department awareness and substantial compliance
Balance of probabilities test met

The site is an open area of land north of the A7 in Colby, with a public footpath link and surrounded by residential properties including bungalows and a Manx farmhouse. The application confirms lawful commencement of PA 17/00414/B, approved on appeal in 2017, for 20 affordable homes with access, drainage, lighting and…

Documents (22)

Officer Report Planning Statement Application Form

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Decision & Reasoning

Approved5 November 2025

The officer determined the application on the balance of probabilities under section 24 of the Town and Country Planning Act 1999, focusing solely on factual evidence of lawful commencement, not plann…

Public Comments (1)

SupportArbory and Rushen Commissioners(parish)

No comments received

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People

R Williams

Case Officer

Department of Infrastructure

Applicant

Key Information

Reference: 25/90823/LAW
Decision: Approved
Date: 5 November 2025
Parish: Arbory
Year: 2025
Type: Certificate of Lawful Development
Category: Other
Scale: major

Property Details

Property Type: mixed
Proposal Type: other
Context: village

Property Planning History (6)

25/90823/LAWApproved2025Viewing

Certificate of lawful development for the comencement of work for PA 17/00414/B

AP17/0032Approved2017

Appeal against the approval of the erection of twenty affordable homes with associated road access, drainage, street lighting and landscaping

17/00414/BApproved2017

Erection of twenty affordable homes with associated road access, drainage, street lighting and landscaping

16/00278/BWithdrawn2016

Erection of a development of 24 apartments with associated road access alterations, parking and drainage

06/01319/BApproved2006

Construction of six first time buyer homes and six elderly persons bungalows including roads, drainage and associates works

03/00038/BApproved2003

Residential development comprising 8 first time buyers houses and six sheltered housing units, new bus shelter, layby and associated works

Source & Provenance

Official reference: 25/90823/LAW
Source authority: Isle of Man Government Planning & Building Control
Source system: Legacy IDOX planning platform
Official record URL: No stable public per-record URL
First indexed: 14 Sept 2025, 22:32
Last synced: 30 Mar 2026, 17:53
Licence: Isle of Man Open Government Licence

Why was this approved?

Evidence of substantial footpath works matching approved plans

Timing within 4-year limit from 27 November 2017 appeal approval

Discharge of pre-commencement conditions 6, 7, 8

Application of Whitley principle and exceptions

Department awareness and substantial compliance

Balance of probabilities test met