DEC Decision Notice

Mr George Moore Cypress Ballavitchell Road Crosby IM4 2DL

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 George Moore, Ref 23/01443/B, for the Creation of a new Agricultural Access into field 324368 at Field 324368 Top Road Crosby Isle Of Man .

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 removal of the sod bank/ alteration of the sod bank can only take place during the months of September and October, with removal of the sod bank being undertaken from the mid-section outwards. Reason: To safeguard statutorily protected species.
• 3. Prior to commencement of the works, details of the proposed hardstanding and access arrangements, including details of the proposed fencing, sod bank and bound material, shall be submitted to and approved in writing by the Department, the development shall only be carried out in accordance with the details and retained as such thereafter. Reason: for the benefit of doubt, to safeguard the countryside and for highway safety.
• 4. The design and construction details of the new Sod bank structure shall include large stones which partly protrude from the bank to allow common lizards access to the interior. These details shall be submitted to and approved in writing by the Department before any development is commenced and thereafter, the development shall only be carried out in accordance with the details as approved.

Reason: To safeguard statutorily protected species. This decision relates to the following plans and drawings, date stamped received on 16th January 2024;

• o Visibility splay
• o Splay upwards
• o Splay downwards
• o Site plan - visibility
• o Proposed site plan
• o Planning Statement
• o Location Plan
• o Gateway 1
• o Gateway 2
• o Existing site This decision also relates to an email reply received 9th April 2024. NOTE Common Lizards are protected under Schedule 5 of the Wildlife Act 1990 and it is an
• offence to intentionally or recklessly kill, injure or take any wild animal listed in Schedule 5, or damage or destroy any structure or place which they use for shelter or protection.

If any lizards are found during operations all work must stop immediately, the Department be contacted for advice and such advice must be received and complied with prior to work recommencing.

This decision has been made for the following reasons(s) The proposed access is considered acceptable and to comply with General Policy 3f, Environment Policy 1 and Transport Policy 4 by providing a new access which would be a benefit to the agricultural holding without impacting the character of the countryside nor would it create any new or adverse highway safety issues. Whilst that is the case conditions should be attached regarding the proposed hardstanding and breeding birds/common lizards.

Date of Issue: 13th May 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Acting Head of Development Management 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 led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.

Implementation The decision does not become final until either

•  Any appeal has been concluded; or
•  21 days have passed since the date on this notice and no appeal has been submitted

Development must progress in accordance with the plans approved under, and any conditions attached to this approval (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 must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain:

•  the grounds for making the appeal;
•  payment of the planning appeal fee (currently £335); and
•  if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £125). Where the appeal is submitted by the applicant they must:
•  specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and
•  Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated.

An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal

If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application (should one have been received) may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.