16 December 2025 · Planning Committee
Field 314218, Staarvey Road, Peel, Isle Of Man, IM5 2aj
The proposal involves constructing a modest-scale single track (maximum 3.5m wide using Type 2 stone material to 300-450mm depth) across agricultural fields 311137, 314218, 314219, 314220, 314221, 311212 and 314225 at Bwoaillieecowle Farm, with a culverted ditch crossing using twin 600mm pipes, upgraded field access on…
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The Department determined the proposed development is acceptable as it meets the policy tests for essential agricultural infrastructure under General Policy 3(f) and Environment Policy 15, providing a…
General Policy 3
Permits essential building/engineering for agriculture in countryside if justified by functional need; officer assessed clear need for efficient farm operations (feed distribution, stock movement, machinery access) as meeting GP3(f) test, unlike prior refusal for insufficient justification.
Environment Policy 15
Controls agricultural infrastructure in countryside; satisfied by demonstrated essential need supporting Upper Lhergydhoo and Ballavaish Farms, restricted to agricultural use only (conditions 2-3), with redundancy restoration required.
Environment Policy 2
Requires integration with rural landscape avoiding incongruous forms; achieved via 3.5m width, Type 2 stone, Manx banks/hedgerows from site excavation, native planting matching local character (Drawing P04), no imported hardcore.
Spatial Policy 5
Landscape protection; track's modest scale/boundary alignment plus screening planting ensures no harm to High Landscape/Coastal Value area.
Environment Policy 1
Protects sites/species/habitats; PWMS/RAMs, timing restrictions, translocation address protected species/Phase 2 Site impacts.
Environment Policy 4
Prohibits harm to protected sites/species unless mitigated; on-site Staarvey Phase 2 Site protected via zones, reduced grazing, enhancements.
Environment Policy 5
Mitigation for exceptional impacts; conditions enforce minimisation, management, replacement habitats for no net ecological loss.
Environment Policy 7
Protects watercourses; culvert (Drawing P06), sediment controls, phased works prevent quality deterioration/flood risk.
Environment Policy 10
Flood risk; design maintains flow, no obstruction.
Environment Policy 13
Water quality; pollution/silt prevention measures.
General Policy 2
General development principles; complies via (f) visual amenity/landscaping, (h) highway safety, (l) flood risk/environmental protection.
Transport Policy 4
Safe access; upgraded gate/apron, 2.4x70m splays (Drawing P07).
Strategic Policy 4
Biodiversity; net gain via enhancements, RAMs.
Time limit
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.
Agricultural use only
The track and associated works hereby approved shall be used solely for agricultural purposes associated with Upper Lhergydhoo Farm and Ballavaish Farm and shall not be used for general vehicular access or non-agricultural activities. Reason: To ensure the development remains consistent with the justification for agricultural infrastructure in the countryside, in accordance with General Policy 3 and Environment Policy 15.
Redundancy restoration
In the event that the track hereby approved and associated infrastructure ceases to be required for agricultural purposes for a period exceeding 12 months, the applicant shall notify the Department within six months of its last agricultural use. Unless an alternative use is approved in writing by the Department, the track shall be removed and the land restored to its former condition within a further three months. Reason: To ensure that redundant infrastructure does not remain unnecessarily in the countryside, while allowing consideration of alternative beneficial uses, in accordance with Environment Policies 1, 2, and 15.
Track construction details
The track shall be constructed in full accordance with the approved details shown on Drawing No. P05 - Typical Track Section and Drawing No. P06 - Ditch Crossing Point Culvert Details, including: i. Maximum width of 3.5 metres; ii. Formation using Type 2 stoney mountain material laid to a depth of 300-450 mm; iii. Creation of Manx banks from excavated material along the track edges; iv. No imported hardcore other than that specified in the approved plans. Reason: To ensure the development integrates with the rural landscape and avoids incongruous, engineered forms, in accordance with Environment Policy 2 and Strategic Policy 5.
Landscaping scheme
All new hedgerows, banks, and tree planting shall be carried out in accordance with the approved landscaping scheme (Drawing No. P04) and completed during the first planting season following construction. Any planting that dies or is removed within five years shall be replaced with native species of similar size and specification during the next planting season. Reason: To safeguard the visual amenity and reinforce traditional field patterns, in accordance with Environment Policy 2, General Policy 2(f), and Strategic Policy 4.
Precautionary Working Method Statement
No development shall commence until a Precautionary Working Method Statement (PWMS) incorporating Reasonable Avoidance Measures (RAMs) has been submitted to and approved in writing by the Department. The PWMS shall include: i. Timing of works between October and February; ii. Measures for orchid translocation following a pre-construction walkover survey in May-July; iii. Pollution prevention and silt control measures during construction; iv. Detailed provisions for watercourse protection, including sediment control, phased working practices, and measures to prevent harmful substances entering the watercourse. The development shall thereafter be carried out in full accordance with the approved PWMS. Reason: To avoid harm to protected species and habitats and deliver biodiversity net gain, in accordance with Environment Policies 1, 4, and 5 and Strategic Policy 4.
Culvert construction
The watercourse crossing shall be constructed in full accordance with the approved culvert design (Drawing No. P06), incorporating: i. Two 600 mm twin-wall pipes encased in concrete; ii. Precast concrete headwalls and engineered fill compacted in layers; iii. Aggregate bedding and proprietary connectors to maintain water flow. No works shall obstruct the watercourse or reduce flow capacity during construction. Reason: To prevent harm to aquatic habitats, maintain water quality, and ensure the development does not increase flood risk, in accordance with Environment Policies 7, 10, and 13 and General Policy 2(l).
Sediment control
Prior to commencement of works affecting the watercourse, sediment control measures (such as pinned hay bales or equivalent) shall be installed downstream of the crossing to filter mobilised sediment. These measures shall remain in place throughout the works and be removed upon completion. Reason: To prevent deterioration in water quality and protect aquatic habitats, in accordance with Environment Policy 7.
Field access details
The upgraded field access onto Staarvey Road shall be constructed in full accordance with the details shown on Drawing No. P07 - Existing & Proposed Field Gate Access Plan, including: i. Formation of a new concrete apron; ii. Gate set back from the carriageway to allow vehicles to wait clear of the highway; iii. Visibility splays of 2.4 m x 70 m in both directions, which shall be maintained free of obstruction above 1.05 m in height at all times. Reason: To ensure safe and convenient access for highway users, in accordance with General Policy 2(h) and Transport Policy 4.
no objections to the proposed work but advise of intermediate pressure gas pipeline requiring notification, permits and RAMs review before works within easement
DNOC (do not oppose subject to condition(s)); Section 20 consent required for watercourse works
Manx Utilities (Gas) has no objections but requests notification before works commence within the gas pipeline easement area due to an intermediate pressure pipeline. DOI Flood Risk Management Division does not oppose subject to a Section 20 Consent for the stream crossing.
Key concern: intermediate pressure gas pipeline within the proposed planning area
Manx Utilities (Gas)
Conditional No Objectionwe do not have any objections to the currently proposed work; any work within the easement area will require that we are notified prior to commencing to arrange suitable permits and review of the RAMS; the exact location of the gas pipeline will need to be identified on site
Conditions requested: notify Manx Utilities prior to commencing work within the easement area to arrange suitable permits and review of the RAMS; keep informed of any progression with the planning application and be notified by the landowner and/or contractor before any work commences to review the RAMS and implement any protective measures required
Department of Infrastructure (DOI) Flood Risk Management Division
Conditional No ObjectionDONC; Do not oppose subject to condition(s); The proposed track crossed a stream. Please see: Watercourse management IOM Attached Section 20 consent form & Guidance notes.
Conditions requested: A Section 20 Consent form must be completed and returned to the Flood Management Division of the Department of Infrastructure