Appeal Letter and Notice

Department of Environment, Food and Agriculture

Rheynn Chymmyltaght, Bee as Eirinys

Mr Trevor McCullough Ballashamrock House Port Soderick Glen Road Port Soderick IM4 1BE

Telephone (01624) 685958 Email: [email protected] Contact: Tim Cowsill Our Ref: MEC /AP25/0018 Date: 23th October 2025

Dear Sir/Madam,

On Appeal

Appeal Ref: AP 25/0018 PA No: 25/90149/B Address: Land Abutting Palace Road, Rear Of 25 Falcon Cliff Court Douglas Isle Of Man Proposal: Erection of a new dwelling with associated parking and landscaping

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

I am directed to advise you that the Minister for Environment, Food and Agriculture, in pursuance of section 3(2) of the Government Departments Act 1987, has delegated responsibility for the determination of this appeal to Mr Lawrie Hooper, MHK.

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

Mr Hooper, MHK on behalf of the Minister for Environment, Food and Agriculture, has considered the report, concurs with the appointed person’s conclusions, and accepts the recommendation that the appeal should be allowed. Accordingly, he has directed that the Department’s decision to refuse the application should be reversed, and that the application should be Approved subject to conditions. Formal notice of this decision is attached.

Yours faithfully,

Tim Cowsill Chief Officer

cc. Mr John Wilson, Kempis House, Orrisdale Road, Ballasalla, IM9 3AE

The Town And Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2019

Mr Trevor McCullough Ballashamrock House Port Soderick Glen Road Port Soderick IM4 1BE

Appeal Ref: AP25/0018

In pursuance of his powers under the above Act and Order/Regulations, and under delegated powers from the Minister for the Department of the Environment, Food and Agriculture, Mr Lawrie Hooper, MHK does hereby in the name of and on behalf of the Department APPROVE planning application 25/90149/B by Mr Trevor McCullough for Erection of a new dwelling with associated parking and landscaping - Land Abutting Palace Road, Rear Of 25 Falcon Cliff Court Douglas Isle Of Man subject to the following conditions:-

Conditions Of Approval:

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.

1. No work shall be carried out on in relation to the construction of any of the external surfaces of the dwelling hereby permitted unless details of the materials, colour and finish to be used for all external walls and roofs have been first submitted to and approved in writing by DEFA Planning. The development hereby permitted shall thereafter be constructed in accordance with the approved details.

Reason: To ensure the use of materials appropriate to the development in order to safeguard the visual amenity of the area, in accordance with policy GP2 in the adopted Isle of Man Strategic Plan (2016).

1. No work shall be carried out in relation to the construction of the dwelling hereby permitted until details of existing and proposed site levels and finished floor levels in relation to the surrounding area have been submitted to and approved in writing by DEFA Planning. The development hereby permitted shall thereafter be constructed in accordance with the approved details.

Reason: To ensure the use of materials appropriate to the development in order to safeguard the visual amenity of the area, in accordance with policy GP2 in the adopted Isle of Man Strategic Plan (2016).

1. Prior to the commencement of the development hereby approved, details of a landscape scheme for the sites shall be submitted to and approved in writing by the Department. All planting, seeding, and earth works comprised in the approved details of landscaping shall be carried out in the first planting and season (November - March) following the substantial completion of the development whichever is the sooner, and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. Thereafter, all soft and hard landscape works shall be permanently retained in accordance with the approved details.

Reason: To ensure the provision of an appropriate landscape setting to the development, and to safeguard the appearance of the development and the surrounding area.

1. The access arrangements, vehicle parking spaces and turning area, as shown on approved Drawing No 313/020 shall be provided prior to the first occupation of the dwelling and shall thereafter be retained and made available for vehicle access, parking and turning at all times.

Reason: To ensure that sufficient on-site parking is provided to serve the development in order to avoid unnecessary on-street parking as per the requirements of the Manual for Manx Roads and Transport Policy 7 of the adopted Isle of Man Strategic Plan (2016).

1. Prior to the commencement of the development, hereby permitted, details of the arrangements for the secure parking of cycles, at the ratio of 1 space per bedroom, shall be submitted to and approved in writing by DEFA Planning. The cycle parking arrangements shall be installed prior to the first occupation of the dwelling and shall subsequently be retained and maintained for the lifetime of the development.

Reason: To ensure that on-site secure cycle storage facilities are provided to the required standard for new residential premises in line with Manual for Manx Roads Standards, and to help meet the Isle of Man Governments net zero climate objectives.

1. There must be no discharge of surface water (directly or indirectly) from the proposed development onto the public highway.

Reason: To comply with the requirements of Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.

1. No development shall commence until details of foul and surface water drainage to serve the development hereby approved have been submitted to and approved in writing by DEFA Planning. The approved drainage scheme shall be installed prior to the development being first occupied and shall thereafter be retained and maintained at all times.

Reason: To ensure that the site is adequately drained and does not increase the risk of flooding elsewhere.

1. 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 extension, enlargement or other alteration of the dwelling, including the installation or replacement of any windows or doors, hereby approved, other than that expressly authorised by this approval, shall be carried out without the prior written approval of the Department.

Reason: To control development in the interests of the amenity of the surrounding area.

1. 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 garages or other free standing buildings shall be erected or enclosure, swimming or other pool, container for domestic heating purposes for storage of oil of liquid petroleum gas, or the erection of a gate, fence, wall or other means of enclosure, within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.

Reason: To control development in the interests of the amenity of the surrounding area.

1. Prior to the commencement of the development, hereby permitted, details of the arrangements for the storage of waste and recycling shall be submitted to and approved in writing by DEFA Planning. The approved waste and recycling storage facilities shall be installed prior to the first occupation of the dwelling and shall subsequently be retained and maintained for the lifetime of the development.

Reason: To ensure appropriate storage of waste and materials for recycling prior to collection.

NOTE: This approval relates to drawings

• Drg No 313/001 - Location
• Drg No 313/002 - Existing Site Plan
• Drg No 313/020 - Proposed Site Plan
• Drg No 313/021 - Plans and Elevations

All dated 4 February 2025.

Reason for Approval:

The proposed development would satisfy the requirements of General Policy 2, Environment Policy 42, and Transport Policies 4 and 7 of the adopted Isle of Man Strategic Plan 2016 in that it would respect the site and surrounding street scene and avoid harm to neighbouring residential amenity, highway safety and all other material planning interests, whilst also providing a degree of planning benefit by way of efficient use of the land within a designated mixed-use urban area.

Date of issue 23rd October 2025

Time Cowsill Chief Officer

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.