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 Forestry, Amenity And Lands Directorate, DEFA, Ref 24/90912/B, for the Variation of condition 3 of 23/01138/B to vary the hours of operation of the catering facilities at Conrhenny Carpark Conrhenny Plantation Creg-ny-baa Back Road Creg Ny Baa Onchan Isle Of Man .

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. In respect of the mobile food and catering unit only, at the expiration of a period of 5 years from the date of implementation, or when the food unit ceases to be operational, whichever shall occur first, the use and siting of a mobile food and catering unit shall cease and be removed.

Reason: To clarify the terms of the approval to meet a specific identified need and to enable the impact of the temporary development on the amenity of the surrounding area to be reviewed and to ensure that if the use/unit is no longer in use it is removed from the site, in the interests of the visual amenity of the immediate and surrounding area.

• 3. The operation of the mobile catering unit hereby permitted shall be closed and the use cease between dusk and dawn. For the avoidance of doubt dusk shall be defined as 30 minutes before sunset and dawn 30 minutes before sunrise.

Reason: To enable the Department to regulate and monitor the proposal and to prevent antisocial behaviour.

• 4. This approval, in so far as it relates to the siting and operation of a single mobile food and catering unit, must be sited in accordance with the Proposed Site Plan dwg no 20-002 03 rev B and maintained as such. The extension to the car park shall be constructed and laid out in accordance with the same plan and completed in all respects prior to the commencement of the use of the new parking spaces.

Reason: To clarify the terms of the approval and in the interests of the character and appearance of the countryside.

• 5. No external lighting shall be installed except in accordance with a detailed external low level lighting scheme which complies with the recommendations outlined in the BCT and ILP Guidance Note 8 Bats and Artificial Lighting (2023), which must be submitted to and approved in writing by the Planning Department prior to the installation of any external illuminations. Any external lighting shall be installed and maintained solely in accordance with the agreed scheme. This condition applies equally to the car park extension as to external lighting on the mobile food and catering van.

Reason: To provide adequate safeguards for the ecological species existing on the site and in the interests of maintaining the intrinsic value of the character and appearance of the wider countryside as well as not becoming an impediment to the enjoyment of the adjacent Dark Sky site.

• 6. No part of the works hereby approved to extend the car park shall commence until a Precautionary Working Method Statement for Common Lizard - Zootoca Vivipara, has been submitted to the Department and approved in writing. The agreed details of the Working Method Statement, which should include a timetable for implementation if appropriate, shall be implemented in accordance with the terms of the Statement and the agreed timetable.

Reason: For the protection of common lizards which have been recorded in the habitat around the carpark and which are legally protected under the Wildlife Act 1990.

• 7. Before the extension to the car park hereby permitted is first bought into use the proposed new sod bank shall be constructed in accordance with the Typical Sod Bank Section and the other details shown on the Proposed Site Plan (Dwg No 20- 002 03 rev B). The bank shall then be maintained in accordance with those prescribed details.

Reason: To mitigate against the loss of the grassland habitat to facilitate the placement of the new car park

• 8. Before work commences on the car park hereby permitted a comprehensive scheme of planting of native species covering the full length of the new sod bank boundary shall be submitted to and approved in writing by the Planning Authority. The scheme shall include a specification for the proposed plant species, along with planting guides and a timetable for the implementation of the scheme. The scheme shall be carried out in accordance with the agreed timetable. Any trees or plants which within a period of 5 years from the commencement of planting of the sod bank, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

Reason: In the interests of enhancing the biodiversity of the locality and character of the countryside.

• 9. The temporary Heras fencing must be installed and maintained throughout the construction period of the approved car park extension works, in line with the details contained in the Proposed Site Plan (Dwg No 20-002 03 rev B). No construction activities shall take place outside of the designated construction area, and any fencing which becomes damaged throughout construction must be replaced immediately. Reason: To protect the surrounding habitat from potentially damaging construction activities.

This approval relates to the Proposed Site Plan dwg no 20-002-03 rev B and Location Plan dwg no 20-002-01 rev B received 5th August 2024.

This decision has been made for the following reasons(s) The extension of the car park at Conrhenny Plantation in conjunction with the siting of a single mobile food and catering unit are considered to be acceptable as socially and physically beneficial in relation to wider recreational activity and would not adversely affect the overall character and appearance of the area, achieving compliance with IMSP Policy GP3. The proposed temporary five-year permission in relation to the mobile food and catering unit is appropriate as a trial run in order to assess the wider effects of the change of use. Therefore, the proposal would be in accordance with the Strategic Plan, DEFA's long term strategy to maximise recreational potential for the Forest Estate, the Sport and Recreation Strategy and Government Economic Strategy 2022 - 2032.

Date of Issue: 15th January 2025

J CHANCE 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 informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/onlineapplications/)

Implementation A determination to grant planning approval does not have effect —

if an appeal is submitted until the appeal is determined or withdrawn; or

if no appeal is submitted, but there are potential appellants in addition to the applicant, until the time within which an appeal may be submitted has expired (21 days from the date of this notice).

Development must be carried out in accordance with the approved plans and any attached conditions (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 can only be made by a person who has been accorded rights to do so, must be in writing, include the appropriate fee and be submitted to the Department within 21 days of the date of this Notice.

Guidance on how to appeal is available at gov.im/howtoappeal