Officer Report

Application No.: 25/90408/B Applicant: Mr Stuart Mclean Storie Proposal: Erection of agricultural shed Site Address: Lodge Cottage Ballavarry Farm Bernahara Road Andreas Isle Of Man IM7 3HH Planning Officer: Paul Visigah Photo Taken: 11.07.2025 Site Visit: 11.07.2025 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 25.07.2025 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 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.

• C 2. No retail sales shall take place from the building hereby approved.

Reason: For the avoidance of doubt and to ensure the development remains consistent with its approved agricultural and horticultural use, in accordance with rural development policies.

• C 3. In the event that the building hereby approved is no longer required for agricultural or horticultural purposes, or if such use ceases for a continuous period exceeding 18 months, the structure and any associated hardstanding shall be removed, and the land restored to its original condition suitable for farming. A restoration plan detailing the steps to achieve this shall be submitted to and approved in writing by the Department within one month of cessation. The approved restoration plan shall be implemented in full within three months of its approval.

Reason: The building has been exceptionally approved to meet a specific agriculture/horticulture need, and its retention without such use would result in an unjustified intrusion into the countryside, contrary to GP3 and EP1.

• C 4. The building shall be used solely for purposes associated with agriculture or horticulture and for no other purpose, including any equestrian, commercial, or residential use.

• Reason: The development has been approved as an exception to countryside protection policies on the basis of a specific agricultural and horticultural need.
• C 5. No development, including any site clearance, excavation, or construction works, shall commence until a Tree Protection Plan (TPP) has been submitted to and approved in writing by the Department. The TPP shall be prepared in accordance with the recommendations of BS5837:2012 "Trees in relation to design, demolition and construction - Recommendations" and shall include details of protective fencing, ground protection measures, and any arboricultural supervision required to safeguard adjacent protected trees.

The approved TPP shall be implemented in full prior to the commencement of development and maintained throughout the construction period. No materials, machinery, or vehicles shall be stored or operated within the root protection areas of any retained trees unless otherwise agreed in writing by the Department.

Reason: To ensure the protection of adjacent protected trees and compliance with Environment Policy EP3.

• C 6. Prior to the installation of any external lighting associated with the agricultural shed, a detailed lighting scheme shall be submitted to and approved in writing by the Department. The scheme shall be designed in accordance with the recommendations of the Bat Conservation Trust and Institution of Lighting Professionals (ILP) Guidance Note 8: Bats and Artificial Lighting (12 September 2018), to minimise disruption to nocturnal wildlife and avoid unnecessary light spill into the surrounding countryside. The submitted scheme shall include:

• o Scaled drawings and specifications of all proposed lighting columns and fittings;
• o Details of luminance levels, hours of operation, and control mechanisms; and
• o Mitigation measures to reduce light pollution and ecological disturbance.

The development shall thereafter be carried out and operated in full accordance with the approved scheme.

Reason: To ensure that artificial lighting does not adversely affect biodiversity or the character

• of the rural environment, in accordance with Environment Policies EP1 and EP4.

• C 7. Prior to the commencement of development, a detailed landscaping scheme shall be submitted to and approved in writing by the Department. The scheme shall include:

• a. Details of proposed planting along the southern and eastern boundaries of the new building, including species, planting sizes, and densities;
• b. A planting schedule and maintenance plan covering a minimum period of five years, including provisions for the replacement of any failed specimens; and
• c. A scaled plan showing the location of all proposed planting in relation to the approved building and existing site features.

The approved landscaping scheme shall be carried out in the first planting and seeding season following the completion of the development or the occupation of the unit, whichever is the sooner, and retained as such thereafter. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: To ensure the development is effectively screened from public vantage points throughout the year, particularly during winter months, in the interests of visual amenity and in accordance with Environment Policies EP1, EP15, and Strategic Policy 5.

This application has been recommended for approval for the following reason.

The proposed development complies with General Policy 3 (GP3) and Environment Policies EP1, EP15, EP17, and EP22, which support essential rural buildings where a clear agricultural need is demonstrated, and where development avoids unacceptable impacts on residential amenity or the environment. The shed will support horticultural and small-scale livestock activities, contributing to sustainable rural enterprise in accordance with Business Policy 1 (BP1) and the Isle of Man Agricultural Strategy 2024. Its modest scale, functional design, and discreet siting ensure it integrates well with the landscape and avoids visual intrusion. The development is sufficiently separated from neighbouring dwellings and screened by existing vegetation, ensuring no adverse amenity impacts. Furthermore, the proposal does not alter existing access arrangements or generate significant traffic and is therefore compliant with Transport Policies 1 and 4 (TP1, TP4). The proposal is considered to meet the relevant policy tests for development in the open countryside and is acceptable in planning terms.

Plans/Drawings/Information;

This decision relates to the following documents and plans Drawings:

• o PL01 - Site and Location Plan, Proposed Plan and Elevations (23 April 2025)
• o PL02 - Existing Site Plan (23 April 2025)
• o Shed Floor Plan (27 June 2025) Documents:
• o Covering Letter (16 April 2025)
• o Applicant's Response to Case Officer (27 June 2025)
• o Correspondence between the Applicant and DEFA Forestry (25 June 2025) _________________________________________________________________

Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: o DOI Highways - No objection

_________________________________________________________________ Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site comprises Field 124901, which lies adjacent to and along the south eastern boundary of Lodge Cottage, located on Bernahara Road, Andreas. The field is in the same ownership as the cottage and forms part of the wider landholding. Lodge Cottage is positioned on the west side of Bernahara Road, set slightly back behind part of a small field, and is accessed via a farm track that also serves Ballavarry Farm, located further to the west. The site lies within a small cluster of dwellings in a relatively remote area of open countryside to the south of Andreas. - 1.2 The site is located approximately midway along Bernahara Road, between Regaby West Road and Andreas Road, on the south side of the road, just off the access track leading to Ballavarry Farm. To the north, across this track, are two neighbouring properties: Ohio House and Old School House. The site is set just east of cluster of trees which runs along most of the western boundary and also line the adjacent farm track. - 1.3 The north eastern and eastern boundaries of the field are defined by a sod bank, which varies in height, rising to around 3 metres in places, though some sections are lower, at approximately 1.8 to 2 metres. There is also mature vegetation along the western boundary, particularly near the trees. Together, the sod bank and surrounding vegetation provide a

• degree of natural screening from the road. However, gaps in the sod bank, especially near the north eastern corner, allow filtered views into the site, including toward Lodge Cottage.
• 1.4 From the southern end of the field, views extend toward the fields to the south, where the boundary is defined by post and wire fencing. However, there are no direct views from the adjoining highway, as the sod bank along the eastern boundary stretches for over 180 metres, effectively screening the site. The only opening along the sod bank occurs at the field access point just north of Ballavarry Cottages, where views are achievable into Field 124899, which lies immediately south of the application field.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for Erection of agricultural shed within Field 124901, which lies adjacent to Lodge Cottage on Bernahara Road, Andreas. - 2.2 The proposed building will be located to the southeast of Lodge Cottage, positioned beyond the tree line south of the cottage's curtilage. It will be sited approximately 10 metres away from the trunk of the nearest tree, which lies outside any designated root protection area, ensuring no adverse impact on existing mature vegetation. - 2.3 The structure will measure 10 metres in length by 6 metres in width, with a pitched gable roof rising to a ridge height of 4.2 metres and an eaves height of 3.0 metres. The building will be finished in green powder-coated corrugated steel cladding to both the walls and roof, providing a robust and visually unobtrusive form suited to its agricultural function. - 2.4 The wider field layout includes a shed, raised vegetable beds, and a proposed orchard area, indicating a mix of agricultural and horticultural uses. The building will support these activities by providing secure, weatherproof storage for tools, equipment, and produce. - 2.5 The applicant has provided additional information to set out how the building would be used, which includes a subdivision of the internal space to accommodate a range of small-scale agricultural and horticultural functions. The layout includes a fruit and vegetable preparation area (2.5m x 2.0m), dedicated storage for hand gardening tools, and an enclosed chicken coop (3.3m x 2.3m) with internal and external access. A 700mm workbench is proposed along all internal walls to support general tasks and produce handling. The remaining space is allocated for the storage of larger equipment and machinery, including a tractor, lawn mower, and trailer, supporting the maintenance and productive use of the wider landholding. - 2.6 The applicant has also submitted a Cover Letter in support of the application, which provides further context and clarification regarding the proposal. It outlines the long-standing aspiration to manage and cultivate the land following its acquisition in 2024 after nearly a decade of negotiation. The letter confirms:

• 1. The shed will be constructed in kit form, with pre-approved engineering calculations.
• 2. It will be used to store a range of agricultural equipment, including a small tractor, trailer, lawnmowers, chainsaws, trimmers, blowers, rotavators, and a subsoiler.
• 3. The applicant intends to grow potatoes, carrots, onions, and establish a small orchard with apples, pears, berries, and rhubarb, with potential for a market garden to supply local produce.
• 4. The shed will also store feed for hens and may support small-scale livestock.
• 5. The building has been relocated following discussions with a neighbour to avoid visual impact and maintain amenity, with the neighbour now supportive of the revised siting.
• 6. The new location was also informed by advice from an arboricultural consultant, ensuring the shed is positioned 10 metres from the trunk of a nearby A-class sycamore tree to avoid root disturbance.
• 7. No level changes are proposed for the site, and rainwater will be directed to a soakaway, with the option to connect to a land drain if necessary.
• 8. Power and water can be connected from the existing dwelling if required.

• 9. The shed will be located as far from Bernahara Road as possible to minimise visual impact, with the potential for additional hedgerow planting if deemed necessary.
• 10. Vehicle access, if needed, would be via the existing gate in the hedgerow.

3.0 PLANNING POLICY - 3.1 Site Specific:

• 3.1.1 The site lies within an area of 'white land', land not zoned for development, on the 1982 Development Plan, and the site is not within a Conservation Area or an of High Landscape or Coastal Value and Scenic Significance. The northern strip of the site sits within an Area of Private Woodland or Parkland, with the entire western and northern boundaries falling within a Registered Tree Area (RA0442). The site is not prone to flood risks.

3.2 Within the adopted Isle of Man Strategic Plan 2016, the following policy are considered to be the relevant in the determination of this application:

• 1. General Policy 2 - General Development Considerations.
• 2. General Policy 3 - Exceptions to development in the countryside.
• 3. Environment Policy 1 - Protection of the countryside and ecology.
• 4. Environment Policy 3 - Development to safeguard woodland of high amenity value.
• 5. Environment Policy 4 - Protection of species and habitats.
• 6. Environment Policy 5 - Mitigation against damage to or loss of habitats
• 7. Environment Policy 14- Soil quality considerations for development that would result in permanent loss of agricultural land.
• 8. Environment Policy 15 - supports agricultural or horticultural buildings in the countryside only when a clear need outweighs the general restriction on development in the countryside. Such buildings must be close to existing structures, appropriately designed, and integrated into the landscape. Exceptions for isolated or exposed locations require landscaping, and developments near residential areas must minimize adverse impacts while recognizing the functional needs of farming.
• 9. Environment Policy 17 - permits development related to nurseries and market gardens only if it is appropriately scaled and designed to fit its surroundings, does not harm residential amenity or highway safety, avoids negative visual or environmental impacts, and, where suitable, is set back from public roads and screened from view.
• 10. Transport Policy 1 - Proximity to existing public transportation services
• 11. Transport Policy 4 - Highway Safety
• 12. Strategic Policy 1 - Efficient use of land and resources.
• 13. Strategic Policy 2 - Priority for new development to identified towns and villages.
• 14. Strategic Policy 5 - Design and visual impact.
• 15. Business Policy 1 - Encourages the growth of employment opportunities across the Island, provided development proposals comply with this Plan's policies.
• 16. Section 7.14 Horticulture: "7.14.1 The use of land for horticulture, market gardens or nursery grounds is common on the Island and often found on sites in the urban fringe or free-standing in the countryside. Such uses can contribute to the economic activity of rural areas, but the requirement for buildings and adequate access and parking spaces means that such developments can be intrusive in the countryside. The development and expansion of such sites needs to be carefully managed particularly where there are traffic implications and in order to prevent the proliferation of buildings, which may include growing tunnels and external displays and greenhouses, leading to an adverse impact on the character of such areas.

7.14.2 Selling the produce grown in a market garden or a nursery from the site may not constitute development, but retailing other products does, and will be subject to the Department's general retail policies."

- 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary. - 4.2 Isle of Man Agricultural Strategy 2024

• 4.2.1 Section 4.2 Economy "All Manx people benefit from a strong and growing agricultural sector and the jobs it supports. Manx farmers are paramount to local food security, they put food on the nation's plates and money into the economy. They are also the custodians of the landscape and environment that is so highly prized by all. Feeding the local population requires an industry to be innovative, well-informed, well supported, market-savvy and investing for the future. The Island's abattoir, creamery and flour mill are key to accessing local markets along with exports. We need to ensure their long-term financial stability and contribution to the Island. The Island needs the ability to access markets, seek the rewards that they deserve which will grow and strengthen the role of agriculture within the Island's economy, increasing the financial resilience of our Agri-Food sector. By aligning our Food Security Strategy with the Agricultural Strategy, we will be able to take action to reduce and replace food imports as part of developing diversified income streams. Utilising land-based solutions and our farming industry to be part of the solution to the Island's energy security will require the land use framework to provide a steer on the best use of land, ensuring that Manx farming is productive and profitable, without impacting on the conservation role farmers also play. Opportunities exist for the development of a sustainable bio-economy where the biosphere is harnessed by farmers to create marketing opportunities both on and off-island. Access to high-value markets and marketing opportunities is essential for the Agri-Food sector to grow, innovate, attract investment, contribute to the economy and deliver land-based solutions to the Island's residents."
• 5.0 PLANNING HISTORY

5.1 The site has not been the subject of any previous planning application. Although the neighbouring site which is within the ownership of the applicant has been the subject of a number of previous planning applications, none of these are considered relevant in the assessment and determination of the current application: - 6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 DOI Highways find the proposal to have no significant negative impact upon highway safety, network functionality and/or parking (07 May 2025).

6.2 DEFA Forestry have made the following comments on the application (14 May 2025):

• o They note that the site is directly abutting a registered tree area, and a number of the protected trees are overhanging and would likely be impacted by the proposals.
• o They request that before this application advances that an AIS to BS5837 is requested so that the impact can be considered, whilst noting that this should also include a TPP.

• 6.2.1 Following discussions with the applicant, DEFA Forestry have advised that the proposal is now acceptable subject to a Tree Protection Plan (TPP) as a pre-commencement condition (27 June 2025).

6.3 No comments have been received from Andreas Commissioners at the time of writing this report. - 6.4 No comments have been received from neighbouring properties.

- 7.0 ASSESSMENT

7.1 The fundamental issues to consider in the assessment of this planning application are;

• 1. The principle of the development;
• 2. The Visual and Landscape Impacts;
• 3. Impacts on Neighbouring amenity;
• 4. Impact on Highways safety; and
• 5. Impacts on Trees and Biodiversity.

- 7.2 THE PRINCIPLE (GP2, STP 5, GP3, EP1, EP15, EP17, & BP1)

• 7.2.1 The proposed development lies within open countryside, where development is generally restricted unless it serves a demonstrable rural need. General Policy 3 (GP3) allows for development outside designated settlements where it is essential for agriculture or forestry, or where there is an overriding national interest. In this case, the proposal for an agricultural shed is directly linked to the productive use of the landholding for horticulture and small-scale livestock, and therefore falls within the scope of acceptable development under GP3. Environment Policy 1 (EP1) supports this approach by requiring that development in the countryside be justified and sensitive to its ecological and landscape context.
• 7.2.2 The applicant has provided a detailed submission outlining the intended agricultural and horticultural use of the land, including vegetable cultivation, orchard establishment, and smallscale livestock keeping. The proposed shed would support these activities by providing secure storage for machinery, tools, and produce, as well as housing a chicken coop and preparation area. This aligns with Environment Policy 15 (EP15), which permits agricultural buildings in the countryside where a clear need is demonstrated and the structure is appropriately designed and sited.
• 7.2.3 The building's scale, form, and materials are typical of small-scale rural operations and reflect the functional requirements of the proposed use. This satisfies the design and siting expectations of EP15 and also aligns with Environment Policy 17 (EP17), which supports development associated with nurseries and market gardens where it is appropriately scaled and integrated into its surroundings. Matters relating to visual impact and design, which are central to both policies, will be addressed in detail in the following section.
• 7.2.4 The proposal also supports the objectives of Business Policy 1 (BP1), which encourages rural enterprise and employment opportunities, provided development complies with the wider policy framework. The intended use of the shed for food production, equipment storage, and small-scale livestock aligns with the Isle of Man Agricultural Strategy 2024, which promotes local food security, diversification, and sustainable land-based activity. While the site lies outside a designated settlement, the proposal is considered to meet the policy tests for essential rural development. The principle of development is therefore supported, subject to detailed assessment of landscape, ecological, and amenity impacts under the relevant policies.

- 7.3 THE VISUAL AND LANDSCAPE IMPACTS (EP1, EP15, EP17, STP 5)

• 7.3.1 The application site forms part of a wider rural landholding associated with Lodge Cottage, located in a relatively secluded area of open countryside to the south of Andreas. The field is enclosed by a combination of sod bank, mature trees, and hedgerow vegetation, which contribute to the established rural character of the area. The proposed shed would be positioned to the southeast of the cottage, beyond the tree line, and set back from Bernahara Road. While the site is not within a designated Area of High Landscape or Coastal Value, it nonetheless contributes to the Island's broader rural landscape, which is valued for its openness and visual continuity.
• 7.3.2 The design of the shed adopts a functional, agricultural form, finished in green powdercoated corrugated steel cladding. This approach reflects a practical response to the building's intended use, while also drawing from a palette of materials commonly found in rural settings. The structure is modest in scale and avoids unnecessary architectural elements, which helps it sit comfortably within its context. This reflects the broader design guidance set out in

• paragraphs 4.3.8 to 4.3.11 of the Strategic Plan, which emphasise the importance of contextled design. The proposal demonstrates an understanding of its setting and avoids visual dominance through its siting, scale, and materiality.
• 7.3.3 Environment Policy 15 (EP15) supports agricultural buildings in the countryside the structure is appropriately sited and scaled to minimise its impact. In this case, the shed is located adjacent to the existing curtilage and avoids isolated or exposed positioning. Its scale is proportionate to the landholding and the operational needs of the applicant, and its placement behind existing vegetation assists in reducing its visual presence within the wider landscape.
• 7.3.4 Environment Policy 17 (EP17) provides further guidance for horticultural developments, requiring that they be appropriately scaled and designed to fit their surroundings. The structure is intended to support a mix of horticultural and small-scale livestock activities, and its integration into the wider field layout reflects a considered approach to land use. The building's form and finish are consistent with its function and setting, and its location avoids adverse impacts on the openness or coherence of the surrounding countryside.
• 7.3.5 Strategic Policy 5 (STP5) reinforces the need for new development to make a positive contribution to the Island's built environment. While the shed is utilitarian in nature, it avoids visual intrusion and demonstrates a contextually responsive design approach. The proposal does not rely solely on screening to justify its acceptability but instead reflects a broader understanding of how rural development can be sensitively integrated into the landscape.
• 7.3.6 Taken together, the siting, scale, and design of the proposed shed are considered to respect the character of the countryside. The development responds to its context, avoids unnecessary visual disruption, and aligns with the relevant policy framework. It is therefore considered acceptable in terms of its impact on the rural landscape.

- 7.4 IMPACT ON NEIGHBOURING AMENITY (EP15, EP17, EP22)

• 7.4.1 In assessing potential impacts on neighbouring amenity, it is noted that the application site adjoins the south eastern boundary of Lodge Cottage and lies within the same ownership. Located in a rural cluster south of Andreas, the site is approximately 71.6 metres from Old School House and 109.5 metres from Ohio House, both situated to the north across an access track. The proposed shed is positioned to the southeast of Lodge Cottage, set back 15.2 to 19.87 metres from the B14 road, and is visually contained by a mature sod bank and vegetation. This siting ensures a clear degree of separation from neighbouring properties and aligns with Environment Policy 15 (EP15), which requires agricultural and horticultural buildings to be appropriately located and scaled to avoid unacceptable adverse impacts on residential amenity.
• 7.4.2 The development is modest in scale and intended to support low-intensity horticultural and agricultural activities, including equipment storage and a small chicken coop. The site benefits from substantial natural screening, with the sod bank enclosing most of the site rising to approximately 3 metres, supplemented by mature vegetation along the western edge. Although there are some gaps in the sod bank near the north eastern corner, these only allow filtered views and do not result in direct visual intrusion toward neighbouring dwellings. This arrangement satisfies Environment Policy 17 (EP17), which seeks to ensure that development does not unacceptably affect residential amenity and is appropriately screened from nearby properties.
• 7.4.3 In terms of potential nuisance, the proposal is inherently low-impact. There is no artificial lighting, and only a small number of chickens are proposed. Given the significant separation from neighbouring dwellings, the absence of intensive operations, and the presence of natural screening, the risk of noise, odour, or other environmental disturbance is minimal.

• This is consistent with Environment Policy 22 (EP22), which requires that development avoids causing unacceptable harm through such impacts.
• 7.4.4 The proposal also satisfies Policy EP17(b), which requires that development does not unacceptably affect residential amenity or local highway conditions. The nature and scale of the use are not expected to generate additional traffic or activity to a degree that would impact neighbouring occupiers. Overall, the development is considered to be policy-compliant, with no significant adverse effects on the amenity of nearby residential properties.
• 7.5 IMPACT ON HIGHWAY SAFETY (TP1, TP4 and EP 17)

• 7.5.1 The proposed development would not result in any changes to the existing access arrangements. Access to the field will continue via the established field gate to the north, adjacent to the entrance to Lodge Cottage, with visibility to and from the access track remaining unaltered. The Department of Infrastructure (Highways) has confirmed that the proposal would have no significant negative impact on highway safety, network functionality, or parking (07 May 2025). In accordance with Transport Policy 4 and Environment Policy 17(b), the development is not expected to generate additional traffic or pedestrian movements that would affect local highway conditions. The modest scale and nature of the use, combined with the retention of existing access infrastructure, ensure that the proposal is both safe and appropriate in highway terms and does not conflict with the environmental or operational objectives of the Island Plan.

7.6 IMPACTS ON TREES AND BIODIVERSITY (EP1, EP3, EP4)

• 7.6.1 The application site directly abuts a Registered Tree Area (RA0442), with several mature trees, some of which are protected, forming part of the western boundary. These trees contribute significantly to the local landscape character and ecological value of the area. The proposed shed has been deliberately relocated following arboricultural advice to ensure it is sited approximately 10 metres from the trunk of the nearest A-class sycamore, thereby avoiding encroachment into the root protection area. This repositioning reflects a proactive design response to minimise arboricultural impact. Following consultation, DEFA Forestry confirmed that the development is acceptable subject to the submission and implementation of a Tree Protection Plan (TPP) as a pre-commencement condition. This ensures compliance with Environment Policy 3 (EP3), which seeks to prevent the unacceptable loss or damage to woodland areas of public amenity or conservation value and aligns with the broader objectives of Section 7.7 of the Strategic Plan, which emphasises the protection and enhancement of woodland as a key landscape and ecological asset.

• 7.6.2 In terms of biodiversity, the site lies within open countryside but is not designated as a Wildlife Site, Area of Special Scientific Interest (ASSI), or Area of Ecological Importance. The development does not involve significant vegetation clearance or habitat fragmentation. Accordingly, the proposal does not trigger the requirements of Environment Policy 4 (EP4), which restricts development that would adversely affect species or habitats of national or local importance.
• 7.6.3 The proposed use of the land for low-intensity horticultural and agricultural activity is compatible with the rural setting and may offer opportunities for biodiversity enhancement through additional planting and habitat creation. The absence of ecological constraints, combined with the modest scale and nature of the development, ensures that the proposal is unlikely to result in adverse biodiversity impacts. The development is therefore considered acceptable in ecological terms and compliant with Environment Policies EP1, EP3, and EP4.

- 8.0 CONCLUSION

8.1 The proposed development is considered acceptable in principle, demonstrating a clear functional need linked to agricultural and horticultural use, and aligning with the objectives of the Island's rural planning policies. The design, siting, and scale of the shed are appropriate to its countryside setting, with minimal visual or landscape impact, and no significant harm

• identified in relation to neighbouring amenity. Subject to compliance with relevant conditions and mitigation where necessary, the proposal is consistent with the strategic aims of sustainable rural development and is therefore recommended for approval.
• 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted). - 9.2 Article A10 sets out that the right to appeal is available to:

• o applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make

comments in a professional capacity they cannot be given the Right to Appeal.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made : Permitted Date: 29.07.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/ customers and archive record.