**Document:** DEC Decision Notice
**Application:** 22/00244/C — Additional use of living space above detached garage as tourist living accommodation (class 3.6)
**Decision:** Refused
**Decision Date:** 2022-10-03
**Parish:** Marown
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/8674-union-mills-ballahutchin-house-garage/documents/947993

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# DEC Decision Notice

Mr Christopher Looney Ballahutchin House Ballahutchin Hill Union Mills Isle Of Man IM4 4AT

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 Christopher Looney, Ref 22/00244/C, for the Additional use of living space above detached garage as tourist living accommodation (class 3.6) at Ballahutchin House Ballahutchin Hill Union Mills Isle Of Man IM4 4AT for the following reason(s):

- 1. The existing building is not of any historic, social or architectural interest or of any visual attraction to warrant its conversion and so fails Housing Policy 11 (c) and Environment Policy 16 (b) of the Isle of Man Strategic Plan 2016.
- 2. The proposal does not fit within or meet any of the accommodation types and the high level criteria sought by 'Policy on the Development of Non-serviced Accommodation' to complement and enhance the Island's visitor economy and is not considered to be of any overriding national need as to outweigh Environment Policy 1 of the Isle of Man Strategic Plan 2016.
- 3. The proposal would undermine established policies of the Strategic Plan which indicate a presumption against the creation of new habitable units in the countryside. The proposal would therefore be contrary to Strategic Policies 2 and 8, Spatial Policy 5 and General Policy 3 of the Strategic Plan.
- 4. By reason of its failure of Housing Policy 11, Environment Policies 1 and 16, Strategic Policies 2 and 8, Spatial Policy 5 and general Policy 3, the proposal also fails to meet Business Policies 11, 12 and 14 of the Isle of Man Strategic Plan 2016.

Date of Issue: 3rd October 2022

Director of Planning and

## Building Control

Guidance Note

This decision was made by a Principle Planner in accordance with the authority delegated to them.

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/8674-union-mills-ballahutchin-house-garage/documents/947993*