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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 Mr Sam Samson The Workshop Park Road Port St.Mary IM9 5HQ 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 Ballalheaney Properties Limited, Ref 25/90081/B, for the Extension to the curtilage to create a landscaped garden with terraced decking, external sauna, spa pools and glazed garden pod. Creation of a service yard and erection of a prefabricated service building to house the filtration equipment for the proposed spa pools at Brightlife Ballalheaney Andreas Road Andreas Isle Of Man IM7 4EN for the following reason(s): 1. The proposal represents an unjustified encroachment into undeveloped agricultural land outside any designated settlement boundary. It fails to meet the criteria for exceptions under General Policy 3 and does not demonstrate an overriding need or operational necessity for development beyond the existing curtilage. Notably, the Brightlife site comprises a substantial landholding with ample space within the current curtilage to accommodate modest expansion. The applicant has not provided evidence of spatial or operational constraints that would preclude development within the existing boundary. As such, the proposal conflicts with Environment Policy 1, which seeks to protect the countryside for its own sake, and Strategic Policy 2, which directs new development to towns and villages. The failure to explore less harmful alternatives within the existing site further undermines the proposal's acceptability. The scheme is therefore contrary to the spatial strategy and countryside protection objectives of the Strategic Plan. 2. The proposed extension introduces built structures, hard landscaping, and curated garden features into a currently open and visually distinct rural setting. This results in a loss of openness and a domestication of the landscape that undermines the rural character of the area. The development fails to respect the site's context and landscape setting, contrary to General Policy 2(b, c, f), Environment Policy 1, Strategic Policy 4, and Strategic Policy 5, which require development to protect or enhance the landscape quality and rural character of the countryside. 3. The proposal affects land classified as Class 3/2 under the Isle of Man Agricultural Land Use Capability Map, which may include areas of higher-quality soils. No soil survey has been submitted to confirm the land's value, and no compelling justification has been provided for why

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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 the development could not be accommodated within the existing curtilage. The proposal therefore fails to comply with Environment Policy 14, which seeks to prevent the unnecessary loss of potentially productive agricultural land. 4. The application lacks an ecological appraisal, bat survey, or lighting impact assessment, despite the proximity of the development to mature trees and boundary vegetation with potential ecological value. This omission fails to satisfy the precautionary principle and does not demonstrate compliance with General Policy 2(d), Environment Policies 3, 4, and 5, and Strategic Policy 4, which require development to avoid harm to protected species, habitats, and ecological corridors. Date of Issue: 24th July 2025 J CHANCE 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 Principal 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 informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/online- applications/) A determination to refuse planning approval does not have effect - · if an appeal is submitted until the appeal is determined or withdrawn; or · if no appeal is submitted, until the time within which an appeal may be submitted has expired (21 days from the date of this notice). Appeal Any appeal must be in writing, include the appropriate fee and be submitted to the Department within 21 days of the date of this Notice. Guidance on how to appeal is available at gov.im/howtoappeal