252012

==== PAGE 1 ====

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 Mrs Lisa Chadfield Athol House Athol Street Douglas IM1 1EJ 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 BYA Limited, Ref 23/01334/B, for the Erection of a dwellinghouse with access, driveway, landscape, alternative energy sources, and other ancillary structures (partial retrospective). at Ballacroak Farm 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 development shall be carried out in accordance with the plans and documents detailed below: drawing no. P0001 Rev A, P0005 Rev A, P0006 Rev A, P2003 Rev B, P4100 which has been received on 23rd November 2023; and drawing no. P1001 Rev D, P1002 Rev C, P1003 Rev C, P2001 Rev D, P2002 Rev C which has been received on 13th March 2024; and Preliminary Ecological Appraisal which has been received on 13th May 2024; and drawing no. P0003 Rev D, P0004 Rev C, X0001, P0010, P0011, which has been received on 31st July 2025. Reason: The proposal has been assessed on the submitted documents and drawings, and any changes may have a different impact.

==== PAGE 2 ====

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 3. In the event that the development hereby approved is not further commenced within 3 years from the date of the submitted ecological information provided in support of the application, meaning before spring of 2028, an updated Preliminary Ecological Appraisal of the site shall be submitted to and approved in writing by the Department. The PEA shall identify matters of ecological interest within the site and measures to mitigate ecological impacts where appropriate, including a timetable for their implementation. The development shall not be carried out unless in accordance with the approved details. Reason: To provide adequate safeguards for the ecological species existing on the site and to ensure compliance with the CIEEM advice note on the Lifespan of Ecological Reports & Surveys. 4. Prior to occupation, air source heat pump and solar panels which form part of the development shall be installed in accordance with the approved details and shall be retained as such thereafter. Reason: To ensure the development meets the high innovative and environmental standards which allowed the development to be approved under the exemptions stipulated within Housing Policy 14 of the Strategic Plan. 5. No part of the development shall be occupied until the approved drainage details, as shown on drawing no. P0003 Rev D, which has been received on 31st July 2025, has been implemented. Reason: In order to ensure that adequate drainage/foul water management facilities are provided, and retained, in the interests of the amenity of the area. 6. Within six month of the approval, an Energy Statement shall be submitted to and approved by the Department in writing. The statement shall demonstrate the new dwellinghouse is capable of achieving a Standard Assessment Procedure (SAP) rating of at least 101 (or the equivalent in a similar rating system). Reason: This approval is considered acceptable due to the overall improved environmental impacts, namely the eco efficiency credentials of the new dwelling. 7. The Landscape Strategy, as shown in drawing no. P0004 Rev C, P0010, P0011, which have been received on 31st July 2025, shall be carried out in accordance with the approved scheme and shall be retained as such thereafter. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species Reason: In the interest of biodiversity within the site and the character and appearance of the development and the visual amenity of the area. To ensure that the development achieves a

==== PAGE 3 ====

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 high standard of design, layout and amenity and makes provision for hard and soft landscaping which contributes to the creation of a high quality environment. 8. The development shall be carried out in accordance with the approved samples and retained in perpetuity. The sample panels shall be retained on site until development is completed. Removal or disposal of the sample panels shall be approved by the Department in writing. 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. 9. Prior to occupation of the dwelling, approved sparrows and bats structures and measures, as shown on drawing no. P0010, P0011, which have been received on 31st July 2025, shall be completed according to the approval and the structures and measures shall be retained thereafter. Reason: To provide adequate safeguards for the ecological species existing on the site. 10. Prior to occupation of the dwelling, all access arrangements, including visibility splays, vehicular and pedestrian areas shall be completed in accordance with the approved plans and retained thereafter. Such areas shall not be used for any purpose other than for purposes associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking and in the interests of highway safety. 11. Prior to occupation of the dwelling, a plan of off-site additional planting shall be submitted to the Department in writing for approval and implemented in accordance with the approved details including timescales for implementation. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species Reason: In the interests of the character and appearance of the development and the visual amenity of the area. 12. Prior to occupation of the dwelling, the gateway approved shall be installed in accordance with the approved details and shall be retained as such thereafter. Reason: To ensure that the proposed gate is suitable visually for both the rural location and the dwelling on site. 13. Prior to occupation of the dwelling, a further Energy Statement post completion is submitted to and approved in writing by the Department. The statement shall demonstrate that Standard Assessment Procedure (SAP) rating of at least 101 (or the equivalent in a similar rating system) has been achieved.

==== PAGE 4 ====

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 Reason: The application is considered acceptable is due to the overall environmental impacts as outlined in Housing Policy 14, namely the eco efficiency credentials of the new dwelling. 14. Prior to occupation, the existing shed, as shown on drawing no. X0001 which has been received on 31st July 2025, shall be demolished. Reason: in the interest of preserving the character of the countryside. 15. No external lighting shall be installed unless a detailed external low level lighting scheme is submitted to and approved by the Department in writing. The submitted lighting scheme should be in accordance with the recommendations outlined in the BCT and ILP Guidance Note 8 Bats and Artificial Lighting (12th September 2018). Any external lighting should only be installed according to the approval and maintained thereafter. Reason: To provide adequate safeguards for the ecological species existing on the site 16. Prior to works commencing, plans should be submitted to Planning for written approval containing details of two swallow boxes to be built into the property, at least 2m above ground level. The development shall not be carried out unless in accordance with the approved details. Reason: To provide adequate safeguards for the ecological species existing on the site. 17. 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 development shall be undertaken under the following classes of Schedule 1 of the Order at any time: Class 14 - Extension of dwellinghouse Class 15 - Garden sheds and summer-houses Class 17 - Private garages and car ports Class 21 - Construction of decking Class 22 - Solar Panels (stand-alone) Reason: To control future development on the site This approval relates to the documents, planning statement 218/X/PN/231113 November and drawing no. P0001 Rev A, P0005 Rev A, P0006 Rev A, P2003 Rev B, P4100 which has been received on 23rd November 2023; and drawing no. P1001 Rev D, P1002 Rev C, P1003 Rev C, P2001 Rev D, P2002 Rev C which has been received on 13th March 2024; and Preliminary Ecological Appraisal which has been received on 13th May 2024; and drawing no. P0003 Rev D, P0004 Rev C, X0001, P0010, P0011, which has been received on 31st July 2025. This decision has been made for the following reasons(s) The application does not have an increased impact on the character of the area or biodiversity compared to the previous approval and has no significant adverse impacts upon public or

==== PAGE 5 ====

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 private amenities. There are no significant differences in the impacts that are sufficient to recommend a refusal. Date of Issue: 27th August 2025 J CHANCE Director of Planning and Building Control

==== PAGE 6 ====

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 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 informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/online-applications/) 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 £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.