**Document:** DEC Decision Notice
**Application:** 21/01258/B — Conversion and extension of existing mill building to form a single dwelling with associated landscaping, garaging and new vehicle entrance
**Decision:** Refused
**Decision Date:** 2022-05-24
**Parish:** Malew
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/8211-malew-ballakindry-mill-conversion-extension/documents/941897

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# DEC Decision Notice

McGarrigle Architects Ltd 19 Mount Havelock Douglas Isle Of Man IM1 2QG

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 Mr Carl & Mrs Tracy Underwood, Ref 21/01258/B, for the Conversion and extension of existing mill building to form a single dwelling with associated landscaping, garaging and new vehicle entrance at Ballakindry Mill Ballagawne Road Ballabeg Castletown Isle Of Man IM9 4PD for the following reason(s):

- 1. The site is not zoned for development and the building is not within a named settlement and in accordance with the settlement hierarchy, would encourage unsustainable development. Accordingly it is considered contrary to Strategic Policy 2 and 10 and also Spatial Policy 4, of the Strategic Plan.
- 2. Although an argument could be made that the existing building is of sufficient interest to warrant its retention and conversion, the extent of the structural works required with the intervention to the fabric of the building to make the structure sound coupled with the unacceptable upwards extension, the overbearing rear extension, the inappropriate modifications to the exiting apertures and spread of hard standing and domestic curtilage would have a significant and adverse impact on the original appearance, character, historic interest and materials of the original building contrary to General Policy 3 (b) and Housing Policy 4b and Housing Policy 11.
- 3. The proposed extension is much larger than 50% which results in a built form that would not be subordinate to the existing building and would be viewed as inappropriate development which would see a loss of its individual character which does not respect the proportion, form and appearance of the existing Mill property and would be contrary to Housing Policy 15.
- 4. The application site is not zoned for development and is within an area of countryside. The proposed alterations and extensions and the subsequent introduction of large areas of hard standing would result in an unacceptable visual impact on the wider rural landscape and countryside setting of the site contrary to Environment Policy 1 and paragraphs 8.10.1 and 8.10.2.
- 5. The design, size and scale of the proposed extension, and its finishes, are not sympathetic to the rural character of the area and is considered over development with an

- adverse visual impact that affects the character of the setting, contrary to Strategic Policy 5 and General Policy 2 (b & c) of the Strategic Plan.
- 6. The use of the proposed entrance in a safe and appropriate manner would create an adverse impact on the existing highway or upon those users entering and or exiting the site contrary to the principles of General Policy 2(h&I) and Transport Policy 4 of the Strategic Plan (2016).
- 7. The proposed loss of trees would adversely affect the character and would detrimentally affect the public amenity value of this collection of trees where the proposals do not enhance or protect the landscape quality and nature conservation value to this site and hence the proposal is contrary Environment Policy 3 and Strategic Policy 4(b) of the Strategic Plan (2016).
- 8. There is insufficient information available to understand the impact of the development on the adjacent watercourse contrary to Environment Policy 7 and General Policy 2l.

Date of Issue: 24th May 2022

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 £305); 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 £115).

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/8211-malew-ballakindry-mill-conversion-extension/documents/941897*