**Document:** Decision Notice
**Application:** 25/90946/MCH — Minor change to 25/90366/B (Replacement of existing utility room with single storey extension) part change of approved post and wire boundary fence to stone wall with pedestrian access gate
**Decision:** Refused
**Decision Date:** 2025-12-09
**Parish:** Malew
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/94685-rushen-ballavayre-farmhouse-ballakilpheric-replacement-extension/documents/1148121

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# Decision Notice

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 REFUSE an application by Mrs Kate Mulhern, Ref 25/90946/MCH, for the Minor change to 25/90366/B (Replacement of existing utility room with single storey extension) part change of approved post and wire boundary fence to stone wall with pedestrian access gate at Ballavayre Farmhouse Ballakilpheric Road Colby Isle Of Man IM9 4BX .

Any reasons or notes which apply to this decision are set out below.

This refusal relates only to: The erection of a stone wall along the new residential boundary. This change fails Articles 21(2)(c)(v) and 23(1)(b), (e), and (f) because it alters an imposed condition requiring a visually permeable post-and-wire fence, introduces a materially different boundary treatment with a stronger domestic character, and fundamentally changes the basis on which the original approval was granted. Accordingly, the application is not acceptable as a minor change under Article 23(2).

Date of Issue: 9th December 2025

A MORGAN Interim Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner in accordance with the authority delegated to them.

All correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas, www.gov.im/Viewapplications.

This decision refers only to that applied for under The Town and Country Planning (Development Procedure) Order 2019.

There is no appeal against this decision.

Please note that if any counter copy of this application, on which this assessment was made, is not collected within THIRTY DAYS of this decision it will be destroyed without further notice.

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*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/94685-rushen-ballavayre-farmhouse-ballakilpheric-replacement-extension/documents/1148121*