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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 25/90366/B Applicant : Mr & Mrs Andrew and Kate Mulhern Proposal : Replacement of existing utility room with single storey extension linking the dwelling house and existing detached garage, and extension of residential curtilage Site Address : Ballavayre Farmhouse Ballakilpheric Road Colby Isle Of Man IM9 4BX

Planning Officer: Paul Visigah Photo Taken : 25.06.2025 Site Visit : 25.06.2025 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 21.07.2025 __

Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions

C 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.

C 2. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2025 (or any Order revoking and/or re-enacting that Order with or without modification): no free-standing buildings or structures; and- no gate, fence, wall or other means of enclosure, shall be erected or altered within the extension to the curtilage of the dwelling hereby approved.

Reason: In the interests of the character and appearance of the development and to ensure that the finished appearance of the development will enhance the character and visual amenities of the area.

C 3. No above ground floor development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall be carried out strictly in accordance with the approved details and retained as such thereafter.

Reason: To ensure that the development is carried out to the highest standards of materials, in the interests of the appearance of the development and the visual amenities of the area.

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C 4. The native hedgerow planting (including Hawthorn, Blackthorn, and Fuchsia) shown on the approved plan (1724-2 Rev 1) shall be implemented in the first planting season following completion of the development. Any plants that die, are removed, or become seriously damaged or diseased within five years of planting shall be replaced in the next planting season with specimens of similar size and species.

Reason: In the interests of biodiversity enhancement and to ensure the development integrates with the rural landscape.

C 5. The boundary of the new curtilage extension adjoining the agricultural field shall be defined by a "post and wire" fence, and not by domestic-style fencing. This fence shall be completed prior to the occupation of the two-storey side extension on the southwest (side) elevation and this fence shall be permanently retained and maintained in this form thereafter.

Reason: To ensure the curtilage is appropriately defined and to maintain a landscape setting that is consistent with the rural character of the area.

C 6. The residential curtilage of Ballavayre Farmhouse, Ballakilpheric Road, Colby, shall be as defined by the red line boundary shown on approved drawing 1724-2 Rev 1. No part of the adjoining agricultural field outside this boundary shall be used as residential curtilage.

Reason: For the avoidance of doubt, to ensure the curtilage is clearly defined in accordance with the approved plans, and to prevent the unauthorised extension of residential use into the surrounding countryside, in accordance with Environment Policy 1, General Policy 3, and Spatial Policy 5 of the Strategic Plan.

This application has been recommended for approval for the following reason. The proposed development is considered acceptable as it complies with Housing Policy 15, providing a modest and well-designed extension that respects the traditional form and character of the existing rural dwelling. The curtilage extension is proportionate, visually contained, and enhances the functionality of the site without harming the rural landscape. The development avoids the loss of high-quality agricultural land and supports biodiversity through native planting, aligning with Environment Policies 1 and 14, and Strategic Policy 4. Although the site lies outside the defined settlement boundary, the proposal is allowable under policy and consistent with the aims of the Strategic Plan, and General Policy 3.

Plans/Drawings/Information;

This decision relates to the following drawings and documents:

Drawings: o DWG 1742-2 Rev 1 - Proposed Site Plan, Plans and Elevations (09 Jul 2025) o DWG 1742-1 - Existing Site Plan, Plans and Elevations (04 Apr 2025) o Location Plan (04 Apr 2025)

Documents and Correspondence: o Planning Statement (04 Apr 2025) o Email from Agent re Finishes (09 Apr 2025) __ Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: o DOI Highway Services - No objection o Arbory and Rushen Parish Commissioners - No objection __

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Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT PROPOSES TO INCREASE THE RESIDENTIAL CURTILAGE INTO LAND NOT DESIGNATED FOR DEVELOPMENT, WHICH COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL.

1.0 THE SITE 1.1 The site comprises the curtilage of Ballavayre Farmhouse, located on the western side of Ballakilpheric Road (B44), to the south of the chapel. It accommodates the main dwelling and a detached garage, which appears to have been converted from a former agricultural building and is situated along the existing boundary wall. Both buildings are finished in painted render and retain their traditional character. The dwelling itself has the appearance of a traditional farmhouse, contributing to the site's rural character and charm. There is, however, an existing rear extension that incorporates both pitched and lean-to roof elements, introducing a modest degree of modern variation to the otherwise traditional form.

1.2 The site is accessed directly from the B44 (Ballakilpheric Road), a rural road that runs north-south through the area. The property is part of a small cluster of buildings, including Ballavayre Cottage and Ballacreg to the north and northeast, and other named properties such as Fy-Yerry and Lheearhyn Veggey nearby. The layout of dwellings in the area reflects a linear rural settlement pattern, with properties generally aligned with historic field boundaries and separated by open agricultural land.

1.3 The application site appears to have historically formed part of a larger farmstead, with the adjacent site to the northwest now partitioned but retaining a spatial and functional relationship. This historical connection is evident in the alignment of buildings and shared access arrangements, reinforcing the traditional agricultural character of the area.

2.0 THE PROPOSAL 2.1 Planning approval is sought for Replacement of existing utility room with single storey extension linking the dwelling house and existing detached garage, and extension of residential curtilage.

2.2 The proposed development includes: i. A two-storey side extension on the southwest (side) elevation of the Farmhouse. At ground level, this extension features a large glazed sections, providing generous natural light and a strong visual connection to the garden. Above this, a shed dormer is set over the roof of the single-storey extension, providing additional first-floor accommodation. The materials include painted render to match the existing structure, and quartz coloured metal finish on dormer wall & roof cladding, prov ding a contrasting contemporary addition to existing dwelling.

ii. To the rear (north elevation), a single-storey extension is proposed to replace an existing rear extension. The extension also features painted render matching the existing building, lean-to roof, and new windows to improve natural lighting. The design remains subservient to the main dwelling.

iii. All windows are to be coloured to suit the cladding system.

2.3 To accommodate the proposed extensions, an extension of the residential curtilage is also proposed. As shown on the submitted site plan, the curtilage extension would encompass the footprint of the new development and provides additional garden and circulation space. The curtilage extension measures approximately 4.7 metres in width by 11.5 metres in length, resulting in a total area of around 54.05 square metres. This area is to be enclosed with a 1200mm high post and wire stock fence, forming a new boundary that will be planted with

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native species hedging, including Hawthorn, Blackthorn, and Fuchsia, to enhance biodiversity and visual integration with the rural setting. The curtilage extension ensures that the new built form remains within a clearly defined and functional residential boundary.

2.4 The works will include the removal of part of the external Manx stone boundary walls, which enclose the curtilage to enable the western part of the extension to the side of the dwelling and joined to the garage.

2.5 A new soak-away is to be created within the front garden to serve the dwelling. There would be no changes to the parking and vehicular access to the site. No trees would be removed to facilitate the development.

3.0 PLANNING POLICY 3.1 Site Specific: 3.1.1 The site lies within a wider area that is not classified or zoned for development as shown on the Area Plan for the South Map 6 (2013). The draft Landscape Character Assessment defines the surrounding area as Incised Slopes, which covers a significant amount of the Island and tends to cover the lower rural areas of the Island between the coast and the uplands and between the glens. The site is not within a Conservation Area, prone to flood risk, or in a Registered Tree Area, and there are no protected trees on site. The site sits outside the defined settlement boundary of Colby.

3.2 The Strategic Plan stipulates a general presumption against development in areas which are not designated for a particular purpose and where the protection of the countryside is of paramount importance (EP 1 and GP3). However given there is an existing dwelling on the site, it is relevant to consider Housing Policy 15 which makes provision for extensions to traditional properties where such extensions respect the proportion, form and appearance of the existing property.

3.3 Relevant Strategic Plan Policies: 1. General Policy 3 - Sets out exceptions to development in the countryside. 2. General Policy 2 - General Development Considerations. 3. Environment Policy 1 - Protection of the countryside and inherent ecology. 4. Housing Policy 15 - The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally). 5. Housing Policy 16 - The extension of non-traditional dwellings or those of poor or inappropriate form will not generally be permitted where this would increase the impact of the building as viewed by the public. 6. Environment Policy 14 - Seeks to prevent the permanent loss of important and versatile agricultural land (Classes 1-2). 7. Strategic Policy 1 - Efficient use of land and resources. 8. Strategic Policy 2 - Priority for new development to identified towns and villages. 9. Strategic Policy 4 - development proposals must protect or enhance the nature conservation and landscape quality of urban as well as rural areas. 10. Strategic Policy 5 - Design and visual impact 11. Spatial Policy 5 - Development in the countryside will only be permitted in accordance with General Policy 3. 12. Paragraph 8.12.2 states: "Extensions to properties in the countryside As there is a general policy against development in the Island's countryside, it is important that where development exists, either in an historic or recently approved form, it should not, when altered or extended detract from the amenities of the countryside. Care therefore, must be taken to control the size and form of extensions to property in the countryside. In the case of

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traditional properties, the proportion and form of the building is sensitively balanced and extensions of inappropriate size or proportions will not be acceptable where these destroy the existing character of the property."

3.4 Town and Country Planning Act 1999 Section 45 - Interpretation. "agriculture" includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and "agricultural" shall be construed accordingly;

4.0 OTHER MATERIAL CONSIDERATIONS 4.1 Planning Policy Statement 3/91, which provides guidance on the design of residential development in the countryside.

4.1.1 Policy 3 states: "The shape of small and medium sized new dwellings should follow the size and pattern of the traditional farmhouse. They should be rectangular in plan, and simple in form. Extensions to existing buildings should maintain the character of the original form".

4.1.2 Policy 4 states: "External finishes are expected to be selected from a limited range of traditional materials". The supporting texts to policy 4 states that "Modern construction and materials may be used to achieve a similar external appearance".

4.1.3 Policy 5 sates: "Doors and windows together with their size and relationship with each other and the wall face should follow traditional rural forms."

4.2 Residential Design Guide (2021) 4.2.1 This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction. Section 3.1 deals with Local Distinctiveness, 4.0 on Householder Extensions, while Section 7.0 deals with Impact on Neighbouring Properties.

4.3 The Isle of Man's Biodiversity Strategy (2015 - 2025) 4.3.1 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary.

5.0 PLANNING HISTORY 5.1 The following applications have been submitted in respect of this application site: 1. PA 09/00035/B for Construction of front porch and installation of replacement windows. This was approved by the Planning Committee on 26.02.2009. The Case Officer noted in the Officer report that "The proposed works will restore the character of the cottage whilst upgrading and modernising it. The works are all positive and should be encouraged. The windows will match the style of opening of the originals and therefore comply with the provisions of Planning Circular 1/98."

PA 09/00298/B for Conversion of out building to garage and removal of two redundant outbuildings - Approved. This approval facilitated the creation of the current detached garage, which is positioned further beyond the established boundary line typical of the properties and fields in the area.

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3. PA 09/00984/B to Remove existing render and replace with smooth render (comprising an amendment to 09/00035/B) - Approved.

5.2 These approvals have allowed for the current site layout and built form on site which the current scheme seeks to alter.

6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

6.1 DOI Highways Division have no interest (15 March 2025).

6.2 Arbory and Rushen Parish Commissioners support the application (18 April 2025).

6.3 No comments have been received from neighbouring properties.

7.0 ASSESSMENT 7.1 The fundamental issues to consider in the assessment this application are: 1. The Principle (GP3, STP 2, SP 5, & HP 15) 2. The Visual Impact of the existing dwelling and wider surroundings (EP1, SP4, SP5, HP 15, GP 2, GP 3 & EP 2, & PC 3/91); 3. Impact on Agricultural Soils (EP14); and 4. Impacts on Biodiversity (EP1, EP4, EP 5, STP4, & GP2);

7.2 THE PRINCIPLE 7.2.1 The principle of the proposed development is assessed in twofold: firstly, the extension of the existing dwelling; and secondly, the extension of the residential curtilage to accommodate the proposed side addition.

7.2.2 In terms of the principle of extending the existing dwelling, the site lies outside the defined settlement boundary of Colby and is not zoned for development under the Area Plan for the South (2013). As such, new development in this location would not normally be supported under General Policy 3, which is reinforced by Strategic Policy 2 and Spatial Policy 5. However, the proposal involves the extension of an existing traditional rural dwelling, which is supported under Housing Policy 15, provided the extension respects the proportion, form, and appearance of the existing property. The proposed increase in floor area is well below the 50% threshold set out in the policy, further supporting its acceptability. Therefore, on balance, the principle of extending the dwelling is considered acceptable. Matters relating to the detailed design, scale, and visual impact of the proposed extensions are addressed separately under the assessment of visual and landscape impacts.

7.2.3 The proposed extension of the residential curtilage, measuring approximately 54.05 square metres, is also considered acceptable in principle. Although the site lies within the countryside and outside any designated development zone, the curtilage extension is modest in scale and directly related to the footprint of the proposed building works. It provides necessary garden and circulation space and ensures that the new built form remains within a clearly defined and functional residential boundary. The proposed enclosure with a 1200mm high post and wire stock fence, along with native hedgerow planting, supports the continued rural use of the land and maintains the traditional character of the area. The proposal does not result in the fragmentation of agricultural land or introduce suburbanising features, and it reflects the established rural settlement pattern of linear development aligned with historic field boundaries.

7.2.4 While General Policy 3 generally restricts development outside zoned areas, it allows for exceptions where development is directly related to existing buildings and does not harm the

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landscape or rural character. In this case, the curtilage extension is a logical and proportionate response to the proposed building works and aligns with the policy objective of supporting appropriate extensions to existing dwellings in the countryside.

7.2.5 In summary, the principle of the proposed development is supported by the relevant planning policies when considered in context. The extensions to the dwelling are modest and compliant with Housing Policy 15, while the curtilage extension is proportionate and consistent with the aims of General Policy 3 and Strategic Policy 2. The development respects the character and function of the site and its surroundings and does not conflict with the overarching objective of protecting the countryside from inappropriate development. Accordingly, the proposal is considered acceptable in principle.

7.3 CHARACTER AND APPEARANCE Extension to dwelling 7.3.1 In assessing the acceptability of the proposed extensions, it is noted that the works involve the addition of modern elements to a traditional rural property. However, the proposed design respects the proportion, form, and appearance of the existing farmhouse, introducing a contemporary contrast that is sensitively handled and does not undermine the building's traditional character.

7.3.2 The two-storey side extension and single-storey rear extension are designed to be sympathetic to the existing farmhouse. Key architectural features such as painted render, lean- to roof forms, and consistent material finishes, are retained, ensuring continuity and reinforcing the rural vernacular. The contemporary dormer on the southwest elevation is modest in scale and carefully integrated within the roofscape. Its discreet placement ensures it does not dominate the elevation or appear visually intrusive, particularly as it is not visible from the adjoining highway or any public thoroughfare, with only limited distant views possible from private farm tracks or driveways to the southwest. The overall composition remains subservient to the original dwelling and aligns with the objectives of Housing Policy 15, which supports extensions that respect the proportion, form, and appearance of traditional rural properties.

7.3.3 While the scheme introduces new design elements, such as the dormer and larger areas of glazing, these remain clearly subordinate and do not detract from the farmhouse's overall character. The rear extension replaces an existing utility room and links the dwelling to the garage in a manner that consolidates built form without introducing excessive bulk or visual intrusion. The garage retains its traditional appearance, and the overall composition reads as a coherent and well-integrated addition to the site. The development avoids suburbanising features and respects the established rural settlement pattern. As such, the visual impact is considered acceptable within the context of Housing Policies 15 and 16, and General Policy 2, which supports development that is sympathetic to its setting.

Extension of the Residential Curtilage 7.3.4 The proposed extension of the residential curtilage is modest in scale and has been carefully designed to integrate with the surrounding rural landscape. It is located entirely to the rear of the existing dwelling and will be enclosed with a 1200mm high post-and-wire stock fence, a boundary treatment that is typical of rural settings. The new boundary will be further softened through the planting of native hedgerow species, including Hawthorn, Blackthorn, and Fuchsia, which will enhance biodiversity, contribute to visual screening, and support the preservation of the rural character in accordance with Strategic Policy 4.

7.3.5 The site of the proposed curtilage extension benefits from screening offered by the main dwelling on site which ensures that the curtilage extension is not visible from the public highway or surrounding countryside. Any distant views from private farm tracks or neighbouring land would be read in the context of the existing cluster of buildings, and would not appear intrusive or out of character, thereby maintaining the visual integrity of the countryside as required by Environment Policy 1.

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7.3.6 The proposal does not involve the removal of any mature vegetation but instead offers an opportunity to enhance the appearance and management of the annexed area, which will remain functionally and visually connected to the main dwelling. The extension respects the established rural settlement pattern, characterised by linear development aligned with historic field boundaries. The existing garage, which projects beyond the current curtilage, already defines a visual break in the boundary line, reinforcing the logical and contained nature of the proposed curtilage extension and supporting landscape coherence.

7.3.7 In accordance with Environment Policy 1 and Strategic Policy 4, the key test is whether the development would result in harm to the character, openness, or appearance of the countryside. Given the enclosed nature of the site, the absence of visual intrusion, and the use of appropriate boundary treatments, it is considered that the proposal would not adversely affect the landscape or rural setting. To safeguard this relationship, it would be appropriate to impose a condition removing permitted development rights for further boundary treatments or structures within the extended curtilage. This would ensure that the area remains visually coherent and consistent with its intended use as garden space, and that the rural character of the area is preserved.

7.4 IMPACT ON AGRICULTURAL SOILS 7.4.1 Agriculture plays a vital role in shaping the rural economy and landscape of the Isle of Man. The Strategic Plan recognises the importance of protecting high-quality agricultural land, specifically Classes 1 and 2 from development, as outlined in Environment Policy 14. The application site is classified as Class 3 agricultural land, which, according to the Agricultural Soils of the Isle of Man study (Harris et al., 2001), represents the majority (80.26%) of the Island's farmland. Class 3 land is defined as having moderate limitations that restrict crop choice and require careful management, but it is not afforded the same level of protection as Classes 1 and 2.

7.4.2 The proposed curtilage extension would result in the change of use of a small area of Class 3 land to residential garden. While Class 3 land is not considered "prime" agricultural land, the Strategic Plan recognises the importance of managing all agricultural soils sustainably. In this case, the scale of the proposed extension, approximately 54 square metres, is limited and would not materially affect the agricultural potential of the wider landholding or surrounding fields.

7.4.3 The proposal does not involve the removal of traditional field boundaries or mature hedgerows. The new boundary will be defined by a 1200mm high post-and-wire fence, planted with native hedging species such as Hawthorn, Blackthorn, and Fuchsia, which are consistent with rural character and will enhance biodiversity. The proposed curtilage extension measures approximately 54 square metres, of which around 18.7 square metres would accommodate the footprint of the new building extension, protruding into the adjacent agricultural field. However, this encroachment is modest in scale and does not compromise the continued use or viability of the wider field. The remaining area of the curtilage extension could be returned to agricultural use in the future if required. As such, the development is considered low-impact and largely reversible.

7.4.4 In conclusion, the proposal would result in the loss of a small portion of Class 3 agricultural land, which is not classified as high-quality or versatile under Environment Policy 14. The extent of land affected is limited to approximately 54sqm and does not involve the loss of Class 1 or 2 soils. The development does not undermine the viability of surrounding farmland, avoids the loss of important agricultural resources, and remains consistent with the broader objectives of the Strategic Plan. The proposal is therefore considered acceptable in terms of its impact on agricultural land and rural land use policy.

7.5 IMPACTS ON BIODIVERSITY

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7.5.1 The proposed development has been assessed in accordance with Environment Policies 1, 4, and 5, Strategic Policy 4, and General Policy 2, all of which seek to protect and enhance the Island's natural environment and biodiversity. The site does not lie within or adjacent to any designated ecological sites such as Ramsar or Emerald Sites, National Nature Reserves, or Wildlife Sites, nor does it support any protected species or priority habitats. No trees or mature vegetation are to be removed, and the development footprint avoids ecologically sensitive areas.

7.5.2 In line with Environment Policy 4(c), the proposal includes the planting of native hedgerow species, Hawthorn, Blackthorn, and Fuchsia, along the new boundary. This will enhance habitat connectivity and contribute to local biodiversity, supporting the ecological function of the rural landscape. The use of traditional post-and-wire fencing and native planting also aligns with Strategic Policy 4, which encourages environmental enhancements as part of development proposals.

7.5.3 As no adverse effects on protected species or habitats are anticipated, the provisions of Environment Policy 5 regarding mitigation or compensation are not triggered. Nonetheless, the proposal demonstrates a responsible and proactive approach to biodiversity through sensitive design and landscape integration. In accordance with General Policy 2, the development supports sustainable land management and contributes positively to the ecological value of the site and its surroundings.

7.6 OTHER MATTERS 7.6.1 Use of part of Adjoining field for Horticulture 7.6.1.1 The applicants have indicated that part of the land to the rear of the garage, adjoining the area proposed for curtilage extension, will be used for horticultural purposes, specifically for growing fruit and vegetables as a family activity. This has been confirmed in correspondence, which also notes that one of the applicants works from home and that the land will be used in part for educational and recreational horticulture with their young children.

7.6.1.2 The original curtilage extension was larger, partly to accommodate this intended horticultural use. However, following review, the extent of the curtilage was reduced, as horticulture is defined as agriculture under Section 45 of the Town and Country Planning Act 1999. Agricultural use of land in the countryside does not require planning permission, provided it does not involve operational development or a material change of use.

7.6.1.3 As the applicants have acquired this portion of land, they are entitled to use it for horticulture without needing to include it within the residential curtilage. The revised curtilage now reflects only what is necessary to support the proposed building works, while the horticultural use will continue independently under permitted agricultural activity.

8.0 CONCLUSION 8.1 The proposed development represents a modest and well-designed enhancement to a traditional rural dwelling and is fully supported by Housing Policy 15, which allows for proportionate extensions that respect the original form and character. The proposed additions fall well within the 50% floor space threshold and incorporate contemporary elements, such as the dormer and glazed sections, that are sensitively integrated and clearly subservient in scale. The extension of the residential curtilage is similarly modest, visually contained, and functionally necessary. It avoids suburbanising features and supports the rural character through appropriate boundary treatments and native planting, in line with General Policy 2, Environment Policy 1, Strategic Policy 4, and Planning Policy Statement 3/91.

8.2 The development affects only a small area of Class 3 agricultural land, which is not considered high-quality or versatile under Environment Policy 14. The impact is minimal, reversible, and does not compromise the viability of surrounding farmland.

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8.3 Although the site lies outside the defined settlement boundary, the proposal is allowable under Housing Policy 15 and remains consistent with the broader aims of General Policy 3, Spatial Policy 5, and Strategic Policies 1, 2, and 5. It also reflects the guidance set out in the Residential Design Guide (2021). The development is therefore considered sustainable, visually appropriate, and consistent with the protection of the countryside. Approval is recommended, subject to appropriate conditions.

9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.

9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.

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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made: Permitted Date: 28.07.2025

Signed : Presenting Officer - Mr Paul Visigah

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