**Document:** DEC Decision Notice
**Application:** 20/00060/A — Approval in principle for the erection of a replacement detached dwelling addressing matters of siting, access, internal layout, external appearance and design
**Decision:** Refused
**Decision Date:** 2021-04-12
**Parish:** Malew
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/6731-malew-ballamaddrell-cottage-replacement-dwelling/documents/922506

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# DEC Decision Notice

Mr N Chaplin Crossags Cottage Crossags Lane Ramsey Isle Of Man

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 Middleton Securities Ltd, Ref 20/00060/A, for the Approval in principle for the erection of a replacement detached dwelling addressing matters of siting, access, internal layout, external appearance and design at Ballamaddrell Cottage Grenaby Road Ballabeg Castletown Isle Of Man IM9 4HD for the following reason(s):

- 1. The proposed development would fail to comply with Housing Policy 12 (b) given that the existing dwelling is of architectural or historic interest and is capable of renovation, with the scheme failing to demonstrate intention to restore, despite the structural condition of the dwelling which is suitable for restoration.
- 2. Notwithstanding the first reason for refusal, the planning application a) fails to demonstrate that the property has not lost its habitable status by abandonment; and b) does not provide sufficient information with regard to evidence of intervening use as stipulated in Housing Policy 12 and as such is considered to fail the requirement of Housing policy 12 (a) for replacement dwellings.
- 3. The proposed development in terms of its approach to the formation of a new dwelling will fail to comply with Housing Policy 13, given that it is a rural dwelling which has lost its former residential use by abandonment as measured against the criteria set in Housing Policy 12.
- 4. There is insufficient information provided with regards to trees and bats at the site which would lead to a conclusion that there would be no adverse impact in respect of these issues. The unacceptable loss or harm to the trees having an impact on the character of the site contrary to General Policy 2 (f) and (g) and the cumulative loss of the dwelling and trees without sufficient mitigation being provided would result in an unacceptable adverse impact on protected species and their habitat contrary to Environment Policies 1 and 4.

Date of Issue: 12th April 2021

## Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

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

Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain:

- • the grounds for making the appeal;
- • payment of the planning appeal fee (currently £295); and if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £110).

Where the appeal is submitted by the applicant they must:

- • specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and
- • Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance.

If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated.

An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal

If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made 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/6731-malew-ballamaddrell-cottage-replacement-dwelling/documents/922506*