Appeal Letter and Notice

Mr Julian Wood Ballakinnag House Shore Road Ballaugh IM7 5AZ Dear Sir/Madam,

Telephone (01624) 685958 Email: [email protected] Contact: Tim Cowsill Our Ref: MEC /AP25/0015 Date: 2nd December 2025

On Appeal

Appeal Ref: AP 25/0015 PA No: 25/90102/B Address: Land Of Former Ballatiki Shore Road Ballaugh Isle Of Man IM7 5AZ Proposal: Changes to wall and roof materials, change to site layout, addition of dormer, removal of one vehicular access (amendment to 23/00739/B) (retrospective)

I refer to the appeal in respect of the above planning application.

In accordance with the provisions of The Town and Country Planning (Development Procedure) Order 2019, I herewith give notice of the appeal decision.

The Minister for Environment, Food and Agriculture, the Hon C Barber MHK, has considered the report, concurs with the appointed person’s conclusions, and accepts the recommendation that the appeal should be dismissed. Accordingly, she has directed that the Department’s decision to approve the application should be upheld, and that the application should be Approved subject to conditions. Formal notice of this decision is attached.

Tim Cowsill Chief Officer

cc. Mr Kieron Murray, Ground Floor, 16-18 Finch Road, Douglas, IM1 2PT

The Town And Country Planning Act 1999

Location Plan	24/0575_01
Existing Site Plan	24/0575_02
Proposed Site Plan and Sight Lines	24/0575_03B
Proposed Plans, Elevations & Section	24/0575_04B
Existing and Proposed Floor Plans	24/0757_05A
Building Setting Out As Setout Plan	B363-SP-01 Rev A
As Built Gable Detail and Pedestrian Access (photos)	Drg No 07
Duo Lift Installation	Drg No 08

The Town and Country Planning (Development Procedure) Order 2019

Mr Julian Wood Ballakinnag House Shore Road Ballaugh IM7 5AZ

Appeal Ref: AP25/0015

In pursuance of her powers under the above Act and Order/Regulations, the Minister for the Department of the Environment, Food and Agriculture, the Hon C Barber MHK does hereby in the name of and on behalf of the Department APPROVE planning application 25/90102/B by Mr Julian Wood for Changes to wall and roof materials, change to site layout, addition of dormer, removal of one vehicular access (amendment to 23/00739/B) (retrospective) - Land Of Former Ballatiki Shore Road Ballaugh Isle Of Man IM7 5AZ subject to the following conditions:-

Conditions Of Approval:

1. The visibility delays constructed in accordance with Drawing No 24/0575_03B shall be retained and kept permanently clear of any obstruction exceeding 1.05 metres in height above the adjoining carriageway level.

Reason: In the interest of highway safety.

1. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2025 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling shall be carried out, and no garages or other free standing buildings shall be erected within the curtilage of the dwelling hereby approved.

Reason: In the interest of visual amenity. NOTE: This approval relates to drawing numbers:

Reason for Approval:

The principle of a new dwelling of a similar form to that now constructed on the site is firmly established. Whilst the separation between the dormer window and the front facing window to the adjacent crafting room/guest bedroom at Sunsets may be just shy of the 20 metres referred to in the Residential Design Guide, there is no 'direct' line of sight, with any views being oblique and even then only realised when close up against the window. The juxtaposition of the properties is sufficient to ensure that the privacy of the appellants in terms of the craft room is not materially compromised. The side facing lounge window and front terrace, also of concern to the appellants, are located well beyond the 20m distance mentioned in the Design Guide, considered as sufficient to ensure that overlooking is unlikely to be a concern. There is no conflict with General Policy 2g) of the Strategic Plan or with the Residential Design Guide in this regard.

The materials used are very similar to those approved previously, the building having a crisp, contemporary appearance that sits well in its coastal location, with no harm to the established character and appearance of the area. There is no conflict in this regard, with Strategic Policy 3b), Strategic Policy 5, General Policy 2b), c) and g) and Environment Policies 1 and 2 of the Strategic Plan, or with the Residential Design Guide.

Note 1: A copy of the report of the appointed person is appended hereto.

Note 2: All parties should note that there is no prescribed right of appeal relevant to the Minister's decision herein and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within 3 months.

Note 3: The letter which accompanies this notice forms part of the notice in accordance with Article 13 (3) of the Town & Country Planning (Development Procedure) Order 2019.