**Document:** Appeal Letter and Notice **Application:** AP25/0011 — Appeal against the refusal for erection of replacement dwelling **Decision:** Appeal accepted - PA APPROVED **Decision Date:** 2025-10-17 **Parish:** Lezayre **Document Type:** appeal / appeal_report **Source:** https://planningportal.im/a/88414-lezayre-thie-dhorlish-replacement-dwelling/documents/1148628 --- # Appeal Letter and Notice ## Department of Environment, Food and Agriculture Rheynn Chymmyltaght, Bee as Eirinys Mr Keith Hoyes Thie Dhorlish Ballaglass Cornaa Maughold IM7 1EL Telephone (01624) 685958 Email: tim.cowsill2@gov.im Contact: Tim Cowsill Our Ref: MEC/AP25/0011 Date: 17th October 2025 Dear Sir/Madam, ### On Appeal **Appeal Ref:** AP 25/0011 **PA No:** 25/90119/B **Address:** Thie Dhorlish Rhenab Road Cornaa Ramsey Isle Of Man IM7 1EL **Proposal:** Erection of replacement dwelling 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. Tim Cowsill Chief Officer cc. Mr Gareth M Roberts, THE NOOK, STANLEY MOUNT EAST, ISLE OF MAN, IM8 1NP ## The Town And Country Planning Act 1999 ### The Town and Country Planning (Development Procedure) Order 2019 Mr Keith Hoyes Thie Dhorlish Ballaglass Cornaa Maughold IM7 1EL Appeal Ref: AP25/0011 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 25/90119/B by Mr Keith Hoyes **for** Erection of replacement dwelling - Thie Dhorlish Rhenab Road Cornaa Ramsey Isle Of Man IM7 1EL subject to the following conditions:- ### Conditions Of Approval: 1. The development hereby permitted shall commence before the expiration of four years from the date of this 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 not be occupied until the means of vehicular access and the visibility splays have been completed in accordance with the approved plans and thereafter the access and visibility splays shall be retained and the visibility splays kept permanently clear of any obstruction exceeding 1.1m in height above adjoining carriageway level. Reason: In the interest of highway safety. 3. No development shall be commenced until a hard and soft landscaping scheme has been submitted to and approved in writing by the Department. Such scheme shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained and their means of protection; details of all new walls, fences and other boundary treatment and finished ground levels; a planting specification; details of the hard surface treatment of the open parts of the site and a programme of implementation. All hard and soft landscaping works shall be carried out in accordance with the approved details and a programme of implementation agreed in writing with the Department and thereafter retained. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department. All hard landscape works shall be permanently retained in accordance with the approved details. Reason: To ensure the provision of an appropriate landscape setting to the development. 4. No development shall commence until details of all finishing materials to be used in the external surfaces of the dwelling and boundary walls have been submitted to and approved in writing by the Department. The development shall be carried out only in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area. 5. No external lighting shall be installed on the site unless of details of such lighting have first been submitted to and approved in writing by the Department and the external lighting shall be installed and thereafter retained only in accordance with the details approved. Reason: In the interests of protecting the nearby wooded riverside wildlife corridor. NOTE: This approval relates to Drwg Nos TD-01, TD-06, TD-07, TD-12, dated April 2024 and TD-13, dated August 2024 Reason for Approval: Despite the loss of residential use due to demolition of the former dwelling, the proposed dwelling would in all other respects comply with the criteria of Housing Policies 12-14 of the adopted Isle of Man Strategic Plan 2016 (IMSP), such that on a balance of judgement of the particular circumstances of this case, where the demolition was not originally intended, the general strategic presumption of General Policy 3 and Environment Policy 1 of the IMSP against rural development may be set aside, with the benefit of a modern dwelling contributing to the housing supply. 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/88414-lezayre-thie-dhorlish-replacement-dwelling/documents/1148628*