**Document:** Appeal Decision Letter and Notice **Application:** AP24/0017 — Appeal against the refusal demolition of existing dwelling and replacement with new dwelling, including a standalone garage, a stable building, landscaping, and associated engineering operations. **Decision:** Appeal accepted - PA APPROVED **Decision Date:** 2024-12-03 **Parish:** Lezayre **Document Type:** appeal / appeal_decision **Source:** https://planningportal.im/a/88375-lezayre-garey-house-replacement-demolition/documents/1142272 --- # Appeal Decision Letter and Notice Hartford Homes Middle River Douglas IM2 1AL Telephone (01624) 685958 Email: scott.gallacher@gov.im Contact: Scott Gallacher Our Ref: MEC /AP24/0017 Date: 3rd December 2024 Dear Sir/Madam, ## On Appeal PA No: 23/01110/B Address: Garey House Glen Tramman Ramsey Isle Of Man IM7 2AP Proposal: Demolition of existing dwelling and replacement with new dwelling, including a standalone garage, a stable building, landscaping, and associated engineering operations. 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 allowed**. Accordingly, she 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 Redacted Scott Gallacher Chief Officer cc. Sarah Corlett, Ballachrink Croft, Ballacorey Road, Bride, Isle Of Man, IM7 4AW ## The Town And Country Planning Act 1999 ### The Town and Country Planning (Development Procedure) Order 2019 Hartford Homes Middle River Douglas IM2 1AL 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 **23/01110/B** by Hartford Homes for Demolition of existing dwelling and replacement with new dwelling, including a standalone garage, a stable building, landscaping, and associated engineering operations. - Garey House Glen Tramman Ramsey Isle Of Man IM7 2AP subject to the following conditions:- ### Conditions Of Approval: 1. The development hereby approved shall begin before the expiration of four years from the date of this decision. 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. No development shall take place, including works of demolition, site clearance or preparatory work, unless protection for those trees to be retained (and those adjoining the site) as shown on Dwg No TR-100823_revA has been provided in accordance with an Arboricultural Method Statement (AMS) that shall previously have been submitted to and approved in writing by the Department. The details to be submitted shall be informed by Dwg No OTP-100823_revA and section 4.6 of the Manx Roots Arboricultural Impact Assessment (AIA-100823 dated 23 August 2023) and shall include remedial action in the event that any retained tree is damaged or otherwise becomes defective during the construction period. Development shall be carried out in accordance with approved AMS and the protection measures installed shall not be removed prior to completion of the development hereby permitted. Reason: In the interest of visual amenity. 3. No development shall take place until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Department. The scheme to be submitted shall include: a) a schedule of planting, including the woodland planting against the paddock boundary with the A3 (Lezayre Road) to comprise species, plant sizes and proposed numbers and density; b) the location, design and materials of all hard landscaping works, including walls, gates and fences; and c) a programme for the implementation, completion and subsequent management of the proposed landscaping. All soft and hard landscaping shall be carried out in accordance with the approved scheme and management programme. Reason: In the interest of visual amenity. 4. Prior to above ground works commencing, details of all external finishes and materials for the dwelling and garage hereby approved, and details of the finish for the timber cladding to the stables hereby approved, shall be submitted to and approved in writing by the Department. Development shall be carried out in accordance with the approved details. Reason: In the interest of visual amenity. 5. Should blockwork be used for the walls of the stable building hereby approved, it shall not be of cavity-wall construction. Reason: In order to prevent adaptation to residential use, pursuant to the provisions of Environment Policy 21 of the Structure Plan. 6. The development hereby approved shall not be brought into use until the vehicular access onto Garey Road, and the associated visibility splays, have been completed in accordance with Dwg No HART 030 03F. Once provided, the access and splays shall be permanently retained as such. Reason: In the interest of highway safety. 7. The bat/bird boxes and bee brick shown on Dwg Nos HART 030 05E and 06E shall be provided prior to first occupation of the dwelling hereby approved and shall be retained thereafter. Reason: In the interest of conserving and enhancing biodiversity. 8. The dwelling and/or stables hereby permitted shall not be occupied until the existing field access onto the A3 (Lezayre Road) has been closed off and the verge and roadside hedge reinstated in accordance with details that shall previously have been submitted to and approved by the Department. Reason: In the interest of highway safety. 9. No external lighting, including security lighting, shall be installed other than in accordance with a detailed external low level lighting scheme based on the recommendations outlined in the BCT and ILP Guidance Note 8 Bats and Artificial Lighting (12th September 2018) (or any subsequent version) which shall previously have been submitted to and approved in writing by the Department. Reason: In order to mitigate potential harm to bats. 10. Any planting undertaken pursuant to condition C3 above which, within a period of five years of implementation dies, is removed, or becomes seriously damaged or diseased, shall be replaced during the next planting season with others of a similar size or species. Reason: In the interest of amenity. 11. In the event that the stable building hereby approved is not used or required for equestrian purposes for a period exceeding 12 months, it shall, together with the hardstanding base, be removed and the ground restored to its former condition within 18 months of its last use. Reason: In the interest of visual amenity, since its retention when no longer required for its intended purpose would result in an unwarranted intrusion in the countryside. 12. This approval relates to use of the proposed stable building for the keeping of horses and related feed, vehicles and equipment only and for no other purpose. Reason: The countryside is protected from development and an exception is being made for a specific purpose. As such the building must be used for the purposes for which it is approved. 13. The stables hereby approved shall only be used for private equestrian purposes by the occupiers of Garey House, and not for any commercial or private livery use. Reason: In the interest of highway safety, given the restricted vehicular access to the site, and given that the impact of the development has been assessed on the basis that it is intended for private use. 14. All external facing and roofing materials on the stable building shall be retained as shown on Dwg No HART 030 07D and as approved pursuant to condition C4 above. Reason: In the interest of visual amenity. 15. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (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. Reason: In the interest of visual amenity. ### Informative Note A ban on the installation of fossil fuel heating systems in any new building will come into force on 1st January 2025. If the permitted scheme is not completed by that date, you will need to ensure that the approved dwelling includes alternatives to fossil fuel heating systems. To this end, if an alternative system is proposed, such as an air source or ground source heat pump, or any other heating system that would require planning approval, the details of this should be addressed now. This may require resubmission of your planning application to accommodate any proposed alternative permitted heating system. NOTE: This Approval relates to Drawings: [Table omitted in markdown export] HART 030 06E HART 030 07D TS-270223 TR-100823_rev A TI-100823_rev A OTP-100823_rev A Proposed elevations sheet 2/2 Proposed stable elevations and plans Tree Constraints Tree Removal Retained Tree Impact Outline Tree Protection Plan Reason for the approval: Having regard to the provisions of Housing Policy 12(a), the existing building has not lost its residential use by abandonment. As a consequence, the principle of a replacement dwelling on the site is unobjectionable. The principle of a stable building within the residential curtilage is also acceptable, having regard to Environment Policy 21. The proposed dwelling would not comply entirely with the provisions of Housing Policy 14. However, having regard to its site-specific context and the intention of the policy, its size would be proportionate in terms of the size of the plot, with the high quality design, although contemporary, representing a material improvement over the appearance of the existing building and is appropriate for this countryside location. There would be no harm, in this regard, to the character and appearance of this rural area. Similarly, the design of the proposed stable building, although large, would not result in any material harm in terms of the established character and appearance of the area. There would be no conflict therefore, with Housing Policy 14 and Environment Policies 1, 2 and 21 of the Strategic Plan, which together and among other things, seek to protect such interests. Date of issue 3rd December 2024 By Order of the Minister Redacted Scott Gallacher 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. --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/88375-lezayre-garey-house-replacement-demolition/documents/1142272*