**Document:** Appeal Letter and Notice
**Application:** AP25/0012 — Appeal against the refusal for the erection of a detached bungalow
**Decision:** Appeal accepted - PA APPROVED
**Decision Date:** 2025-10-17
**Parish:** Rushen
**Document Type:** appeal / appeal_report
**Source:** https://planningportal.im/a/88413-rushen-pound-lane-depot-appeal-against-refusal/documents/1148626

---

# Appeal Letter and Notice

Daryl Blake Construction Ltd
Unit 5
Harbour Court
Loch Road
Port St Mary
IM9 5EB
Dear Sir/Madam,

Telephone (01624) 685958
Email: tim.cowsill2@gov.im
Contact: Tim Cowsill
Our Ref: MEC /AP25/0012
Date: 16th October 2025

### On Appeal

Appeal Ref: AP 25/0012
PA No: 25/90046/B
Address: Former Pound Lane Depot Castletown Road Port St Mary IM9 5LT
Proposal: Erection of a detached bungalow

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

Tim Cowsill
Chief Officer

cc. Mr Martyn Hobson, Architectural Studio, 7 Olafs Close, Douglas, IM2 7AR

## The Town And Country Planning Act 1999

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

Daryl Blake Construction Ltd
Unit 5
Harbour Court
Loch Road
Port St Mary
IM9 5EB

Appeal Ref: AP25/0012

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 25/90046/B by Daryl Blake Construction Ltd **for** Erection of a detached bungalow - Former Pound Lane Depot Castletown Road Port St Mary IM9 5LT 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.

2. The development hereby approved shall be undertaken in full accordance with the approved materials and finishes detailed in Drawing No 1583.11.

Reason: In the interests of the visual amenity of the locality.

3. No development shall take place until a soft landscaping scheme has been submitted to and approved in writing by the Department and the landscaping works shall be carried out only as approved. Such details shall include the retention of existing landscaping and new planting showing, type, size and position of each.

All planting, seeding or turfing comprised in the approved landscaping scheme must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner.

Any trees or plants which, within five years from the date of this approval, die or become seriously damaged or diseased, must be replaced in the next planting season with others of a similar size and species.

Reason: To ensure the provision of an appropriate landscape setting to the development.

4. No development shall take place until a formal agreement has been provided by the adjacent landowners permitting the required access vision splays to be completed and maintained free of obstruction over such land in their ownership as is required for that purpose according to Drawing No 1583/10 Revision 1.

The access, car parking and turning space and vision splays shall be completed in full accordance with approved drawings before the dwelling hereby approved is occupied and thereafter retained for the life of the development.

Reason: In the interests of highway safety.

5. 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 extension, enlargement or other alteration of the dwelling, 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 amenities of the surrounding area.

6. 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 garages or other free-standing buildings shall be erected 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 amenities of the surrounding area.

NOTE: This approval relates to Drawings Nos 1583/10 Revision 1 and 1583/11.

Reason for Approval:

Despite a measure of conflict with General Policy 3 and Environment Policy 1 of the adopted Isle of Man Strategic Plan 2016 to protect the countryside for its own sake, the development would have minimal adverse impact on the character or appearance of the surrounding area or other any planning interests and would make a net contribution to the environment over its present state as previously developed land, carrying a degree of overriding planning benefit justifying approval.

Date of issue 16th October 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.

---

*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/88413-rushen-pound-lane-depot-appeal-against-refusal/documents/1148626*
