**Document:** Appeal Letter and Notice
**Application:** AP25/0023 — Appeal against the approval for erection of single story extension to the rear of the existing dwelling house and widening of vehicular access
**Decision:** Appeal dismissed - PA APPROVED
**Decision Date:** 2025-11-07
**Parish:** Arbory
**Document Type:** appeal / appeal_report
**Source:** https://planningportal.im/a/88429-colby-the-ballakillowey-extension-dwelling/documents/1148608

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# Appeal Letter and Notice

Mr & Mrs Jimmy & Janine Cubbon
1 Bradda View
Balakillowey
Colby
IM9 4BE

Telephone (01624) 685958
Email: tim.cowsill2@gov.im
Contact: Tim Cowsill
Our Ref: MEC /AP25/0023
Date: 7th November 2025

Dear Sir/Madam,

## On Appeal

Appeal Ref: AP 25/0023
PA No: 25/90265/B
Address: The Hollies 1 Bradda View Ballakillowey Colby Isle Of Man IM9 4BE
Proposal: Erection of single story extension to the rear of the existing dwelling house and widening of vehicular access

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.

Yours faithfully

Tim Cowsill
Chief Officer

cc. Mr Chris Millar, 23 West Quay, Ramsey, IM8 1DL

## The Town And Country Planning Act 1999

### The Town and Country Planning (Development Procedure) Order 2019

Mr & Mrs Jimmy & Janine Cubbon
1 Bradda View
Balakillowey
Colby
IM9 4BE

Appeal Ref: AP25/0023

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 25/90265/B by Mr & Mrs Jimmy & Janine Cubbon **for** Erection of single story extension to the rear of the existing dwelling house and widening of vehicular access - The Hollies 1 Bradda View Ballakillowey Colby Isle Of Man IM9 4BE 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 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.

NOTE: This decision relates to the following plans and drawings, date stamped received on 1st April 2025;

- Drawing No. 25 1901 00
- Drawing No. 25 1901 01
- Drawing No. 25 1901 02
- Drawing No. 25 1901 04
- Drawing No. 25 1901 05
- Drawing No. 25 1901 06
- Photograph of the existing site

Reason for Approval:

The proposed access alterations would be acceptable in visual amenity and highway safety terms. The location, size and proportions of the proposed rear extension are such that there would be no material adverse impact on the living conditions of the occupiers of No 3 Bradda View by reason of overshadowing, or any material loss of daylight or sunlight. Neither would there be any material harm in terms of their privacy as a consequence of

the relocated utility room door. There would be no conflict in these regards with General Policy 2 g) of the Strategic Plan, or with the related advice in the Department's Residential Design Guide.

Moreover, the siting, design, materials and proportions of the proposed extension mean that it would not be seen as an overly dominant, intrusive or jarring feature in views on the approach from the north along Ballakillowey Road, despite the slightly elevated position of the property in relation to the highway. As such, there would be no harm to the established character and appearance of the area, and no conflict with General Policy 2 b and c) or the Residential Design Guide.

Date of issue 7th November 2025
By Order of the Minister

Tim 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.

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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/88429-colby-the-ballakillowey-extension-dwelling/documents/1148608*
