**Document:** DEC Decision Notice **Application:** 23/00203/B — Conversion and extension of former mill to a dwelling, creation of access and closing off of existing access, installation of solar panels, reinforcement of bank around existing lake and associated drainage (retrospective) and landscaping **Decision:** Permitted **Decision Date:** 2023-06-05 **Parish:** Malew **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/10018-malew-ballakindry-mill-conversion-extension/documents/966736 --- # DEC Decision Notice Sarah Corlett Town Planning Consultancy Ltd Ballachrink Croft Ballacorey Road Bride Isle Of Man IM7 4AW 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 Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Mr Carl & Mrs Tracy Underwood, Ref 23/00203/B, for the Conversion and extension of former mill to a dwelling, creation of access and closing off of existing access, installation of solar panels, reinforcement of bank around existing lake and associated drainage (retrospective) and landscaping at Ballakindry Mill Ballagawne Road Ballabeg Castletown Isle Of Man IM9 4PD . Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes). - 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 roof over the Mill Building to be retained as part of the development hereby permitted, shall be clad in natural dark grey roofing slates only, a sample of which shall be submitted to and approved in writing by DEFA. The development shall be carried out using the approved natural slates, and shall, thereafter, be permanently retained and maintained. Reason: To ensure that a high quality roofing material is used which reflects and preserves the character and historic significance of the Mill structure in the interests of visual amenity. - 3. The roof over the new extension, hereby permitted, shall be clad in dark grey standing seam metal roof cladding. Reason: To ensure that a high quality roofing material is used for the extension in the interests of visual amenity. ### 4. The walls of the new extension, hereby permitted, shall be clad in untreatedWestern Red Cedar vertical cladding with a black metal chimney flue running up the gable. Reason: To ensure that high quality external wall and chimney materials are used for the extension in the interests of visual amenity. ### 5. All new door frames and windows to be inserted in the Mill Building and theextension, in the development hereby approved, shall have either black powder coated,aluminium or wooden frames. The use of black uPVC for all window and door frames isspecifically excluded from this planning permission. Reason: To ensure that high quality materials are used for the Mill Building and the extension which reflect and preserve the character and historic significance of the Mill structure and impart a high quality finish in the interests of visual amenity. ### 6. All new external doors apart from the ground floor bi-fold doors; and, the first floorJuliet Balcony doors in the south side elevation of the extension, hereby permitted, shall beof timber construction. The development shall be carried out using timber doors asdescribed, and shall, thereafter, be permanently retained and maintained. The use of blackuPVC for all new external doors as described above is specifically excluded from thisplanning permission. Reason: To ensure that high quality materials are used for the Mill Building and the extension which reflect and preserve the character and historic significance of the Mill structure and which impart a high quality finish in the interests of visual amenity. ### 7. Details of foul and surface water drainage provision, shall be submitted to andapproved in writing by the Local Planning Authority. Such approved drainage scheme shallbe installed prior to the development hereby permitted being first occupied and shallthereafter be retained and maintained at all times. Reason: To ensure that the site is adequately drained and does not increase the risk of flooding elsewhere. ### 8. A scheme of landscaping, shall be implemented and maintained in accordance withthe details indicated on the approved plans. The landscaping around the pond should besufficiently far enough away from the working area in the south to be un-impacted by theworks. The landscaping in this area shall be undertaken prior to the first occupation of thedwelling taking place. All other planting, seeding, and earth works comprised in theapproved details of landscaping shall be carried out in the first planting and seedingseasons following the occupation of the dwelling or substantial completion of thedevelopment, whichever is the sooner, and any plants which within a period of five yearsfrom the completion of the development die, are removed or become seriously damaged ordiseased shall be replaced in the next planting season with others of similar size andspecies. Reason: In order to give planting a sufficient time to establish and to mitigate previous negative impacts to help assimilate the development into its surroundings in the interests of the visual amenities of the site and surrounding area. ### 9. Prior to any works of development being carried out on the site, a constructionexclusion zone shall be established on site as per the site plan, and protected by Herrasfencing. Such fencing shall be maintained in situ for the lifetime of the development workson the site. No works, other than landscaping shall take place within the constructionexclusion zone. Reason: In order to give planting a sufficient time to establish and to mitigate previous negative impacts to help assimilate the development into its surroundings in the interests of the visual amenities of the site and surrounding area. - 10. No works of development shall be undertaken on site until a bat and bird box plan has been submitted to DEFA Planning and approved in writing. Such plans shall include details of at least 2 bat boxes/bricks and at least 2 birds boxes/bricks suitable for swifts on the mill building. Bat boxes should be places high up on the southern elevation and bird boxes on the north elevation, not above windows or doors. Reason: To provide suitable mitigation against the wide scale loss of habitat through the unauthorised removal of trees from the site. - 11. The submitted details and use of planings for the surface material to be provided for the vehicular access surface to serve the development, herby approved, is acceptable to DEFA Planning. The surface covered by these details shall relate to the first 5.0 metres as measured back from the edge of the public highway. The works shall be carried out in accordance with the approved details, and shall thereafter, be permanently maintained. Reason: In the interests of highway safety by ensuring that a bound surface for the access is used to prevent loose material being brought onto the public highway through vehicle movements onto and off the site. - 12. 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, including the installation or replacement of any windows or doors, 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 - 13. 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 or enclosure, swimming or other pool, container for domestic heating purposes for storage of oil of liquid petroleum gas, or the erection of a gate, fence, wall or other means of enclosure, 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 - 14. 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 satellite dish, or solar panels shall be attached to any building or erected within the site, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To safeguard the residential character and amenities of the area. This approval relates to the following plans and documents: Drawing No. 1970-01 - Site Location Plan; Drawing No. 1970-03 - Proposed Site Plan; - Drawing No. 1970-05 - Proposed Elevations; - Drawing No. 1970-06 - Proposed Floor Plans; - Drawing No. 1970-07 - Proposed Sections; all date stamped and received 2 March 2023. This decision has been made for the following reasons(s) Overall it is concluded that the planning application accords with the provisions set out in Housing Policy 15, Environment Policy 1 and Environment Policy 2 of the Isle of Man Strategic Plan 2016. Date of Issue: 5th June 2023 ## 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. Implementation The decision does not become final until either -  Any appeal has been concluded; or -  21 days have passed since the date on this notice and no appeal has been submitted Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation. Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action. 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 £335); 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 £125). 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 (should one have been received) 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. --- *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/10018-malew-ballakindry-mill-conversion-extension/documents/966736*