Decision Notice

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 Marty Downey, Ref 25/90832/B, for the Creation of new single track with a ditch crossing to link existing field gates on Lhergycholvine and Staarvey Road with the planting of new hedgerows and trees at Fields 311137, 314218, 314219, And 314220, 314221, 311212 And 314225 Bwoaillieecowle Farm, Staarvey Road German .

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. 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.

• 3. 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.

• 4. 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.

• 5. 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.

• 6. 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 MayJuly;
• 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.

• 7. 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).

• 8. 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.

• 9. 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.

This decision relates to the following documents and plans: Documents

• o Planning Statement - Prepared by McGarrigle Architects (02 Sep 2025)
• o Preliminary Ecological Appraisal - Prepared by Ecology Vannin Consultancy Services (02 Sep 2025)
• o Drawing Register (15 Sep 2025)
• o Correspondence from applicant dated 4 December 2025. Plans
• o P01 - Location Plan (02 Sep 2025)
• o P02 - Existing Site Plan (02 Sep 2025)
• o P03 - Site Appraisal (02 Sep 2025)
• o P04 - Proposed Site Plan (02 Sep 2025)
• o P05 - Typical Track Section (02 Sep 2025)
• o P06 - Ditch Crossing Point Culvert - Existing and Proposed Plans and Sections (02 Sep 2025)
• o P07 - Existing and Proposed Field Access Plan (15 Sep 2025) NOTE Habitat Protection Zones and Grazing Management:

The applicant is advised that the approved ecological strategy includes habitat protection zones and reduced grazing regimes as shown on Drawing No. P04 - Proposed Site Plan. These measures are intended to safeguard sensitive wet grassland areas and support biodiversity enhancement.

The applicant is encouraged to implement and maintain these measures in accordance with the commitments set out in the planning statement and ecological appraisal. Guidance on best practice for habitat management can be obtained from the DEFA Ecosystem Policy Team.

This decision has been made for the following reasons(s) 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 clear functional need to support farm operations. The track is modest in scale, aligned with existing field boundaries, and incorporates landscape integration measures such as Manx banks and hedgerow planting, ensuring compliance with Environment Policy 2 and Strategic Policy 5. Ecological impacts are addressed through a mitigation strategy and habitat enhancements, consistent with Environment Policies 1, 4, and 5 and Strategic Policy 4. The approved culvert design safeguards watercourse integrity and flow capacity, reducing flood risk in accordance with Environment Policies 7, 10, and 13 and General Policy 2(l). Highway safety is maintained through upgraded access and visibility splays meeting General Policy 2(h) and Transport Policy 4.

Date of Issue: 16th December 2025

A MORGAN Interim 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