**Document:** Decision Notice
**Application:** 25/91111/C — Additional use of existing self-contained tourist apartments (rear flats 1, 3 and 5) as residential (Class 3.4)
**Decision:** Refused
**Decision Date:** 2026-02-26
**Parish:** Rushen
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/96870-rushen-flats-1-3-5-additional-use/documents/1148319

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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 subordinate Orders and Regulations, the Department of Environment, Food and Agriculture determined to REFUSE an application by Ballakeighan Investments Limited, Ref 25/91111/C, for the Additional use of existing self-contained tourist apartments (rear flats 1, 3 and 5) as residential (Class 3.4) at Flats 1, 3 & 5 Kittiwake House Promenade Port Erin Isle Of Man IM9 6LE for the following reason(s):

1. The proposal does not provide a suitable pleasant clear outlook from the proposed apartments as the apartments would have all their windows, including the principle rooms facing either the neighbouring outrigger or to the rear of the site, with the primary windows for these apartments offering no pleasant or clear outlook for future occupants. Accordingly, the proposal would be contrary to Housing Policy 17, Paragraph 8.13.3, and General Policy 2 (h) which requires a residential property to "Provide satisfactory amenity standards in itself.

Date of Issue: 26th February 2026

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.

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/onlineapplications/)

A determination to refuse planning approval does not have effect —

-  if an appeal is submitted until the appeal is determined or withdrawn; or
-  if no appeal is submitted, until the time within which an appeal may be submitted has expired (21 days from the date of this notice).

Appeal Any appeal must be in writing, include the appropriate fee and be submitted to the Department within 21 days of the date of this Notice.

Guidance on how to appeal is available at gov.im/howtoappeal

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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/96870-rushen-flats-1-3-5-additional-use/documents/1148319*