Decision Notice

Mr Mark Pearce 12 strathallan crescent Douglas IM2 4NR

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 Mark Pearce, Ref 25/90192/B, for the Erection of replacement stone wall; creation of new vehicular access and driveway; erection of boundary fencing with drainage channel at Close Jairg Beg Old Church Road Crosby Isle Of Man IM4 2HA .

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, including the access, visibility, and driveway, shall be provided and surfaced strictly in accordance with the details shown on the approved plan (Drawing No. 21-01-100 REV C - Proposed Site Plan and Wall Elevation) prior to the first use of the access. Once provided, all access arrangements shall thereafter be permanently retained as such.

Reason: To ensure the provision of a means of access to an adequate standard in the interests of road safety.

• 2. The boundary fencing shown on the approved plan (Drawing No. 21-01-100 REV C Proposed Site Plan and Wall Elevation) shall be no greater than 1.8m in height and shall be erected and completed in full prior to the first use of the new vehicular access hereby approved and shall thereafter be permanently retained in that form. The fencing shall be maintained to ensure continued physical and functional separation between the residential curtilage of Close Jairg Beg and the adjoining land to the south. At no time shall the residential dwelling and the adjoining land be reconnected by vehicular means, including through the reinstatement of any internal driveway link.

Reason: To secure and retain the functional separation that forms the basis of the highway safety justification for the development, and to ensure compliance with General Policy 2(h) and the Manual for Manx Roads (Section B.4.1).

• 3. The development shall be carried out using the Cellweb root protection system and crushed stone sub-base detailed in paragraph 2.6 of the supporting planning statement. These measures shall be fully implemented and retained in situ for the lifetime of the driveway.

Reason: To protect the health and longevity of trees within the Registered Tree Area in accordance with Environment Policy 3 and General Policy 2(f).

• 4. Within 2 months of the date of this permission, a detailed Arboricultural Method Statement (AMS) and Tree Protection Plan (TPP), prepared by a qualified arboriculturist, shall be submitted to and approved in writing by the Department. The AMS and TPP shall assess the impact of all works already undertaken within or adjacent to the Registered Tree Area (RA0346), including excavation and levelling operations. The submission shall also set out any remedial or protective measures necessary to safeguard retained trees, and these measures shall be implemented in full within 1 month of approval and retained thereafter for the lifetime of the development.

Reason: To mitigate the impact of previously undertaken works and to ensure the ongoing protection of trees within a Registered Tree Area, in accordance with Environment Policy 3 and General Policy 2(f).

This decision relates to the following documents and plans:

• o Drawing No. 21-01-100 REV C - Proposed Site Plan and Wall Elevation
• o Drawing No. 101 - Existing Site Plan Details
• o Drawing No. TS-5919 A - Tree Survey (Tree Constraints)
• o Photographs
• o Cover Letter dated 21 February 2025.
• o Email Correspondence between the applicant and DOI Highways dated 15 April 2025, and
• o Email received 30 June 2025

This decision has been made for the following reasons(s) The proposal is considered acceptable when assessed against the development plan as a whole. While the absence of arboricultural and ecological documentation weighs against the application, the principle of development is established, and the revised access arrangements address previous highway safety concerns, achieving compliance with General Policy 2(h & i). The scheme also delivers a contextually sensitive visual and landscape response, consistent with Strategic Policy 5(a), which supports high-quality and locally appropriate design. Although environmental shortcomings remain, the Planning Inspector previously indicated that such matters could, in principle, be addressed by conditions requiring the submission of additional specialist arboricultural and ecological information. In light of the site's planning history, the reduced environmental impact relative to the earlier scheme, and the potential to mitigate

• outstanding risks via robust safeguards, the application is judged to be acceptable on balance, subject to conditions securing tree protection and biodiversity measures. Approval is therefore recommended in accordance with Environment Policies 3 and 4, General Policy 2, and Strategic Policies 4(b) and 5(a).

Date of Issue: 30th July 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/online-applications/)

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