Decision Notice

Mr Stuart Mclean Storie Lodge Cottage Ballavarry Farm Bernahara Road Andreas IM7 3HH

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 Stuart Mclean Storie, Ref 25/90408/B, for the Erection of agricultural shed at Lodge Cottage Ballavarry Farm Bernahara Road Andreas Isle Of Man IM7 3HH .

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. 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.

• 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.

• 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.

• 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.

• 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.

• 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 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)

This decision has been made for the following reasons(s) 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.

Date of Issue: 3rd September 2025

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by a Principal 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 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