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 Alan Stott, Ref 25/90551/B, for the Erection of a new agricultural building including removal of sod bank, creation of a yard area and associated engineering works at Lower Kerrowmoar Kerrowkeil Road Grenaby Ballasalla Isle Of Man IM9 3BB .

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• 2. Notwithstanding the provisions of paragraph 4A of the Lizard Protection Plan no groundworks including the removal of the sod bank shown on Block Plan BP1 shall take place between October and March unless the Ecosystem Policy Team gives its written consent to carry out such works at other times. Reason: To safeguard a statutorily protected species.
• 3. Having regard to Condition 2 the development hereby approved shall be carried out in strict accordance with the Lizard Protection Plan dated 17/8/25 and the Landscape Plan submitted with it to provide appropriate mitigation for common lizards, bats and birds.

Reason: To safeguard statutorily protected species and to protect other wildlife known to be in the area.

• 4. With the exception of groundworks no development shall commence until a plan showing the location of the land upon which landscaping in accordance with the Landscape Plan shall take place has been submitted to and approved in writing by the Department. All landscaping works shall take place in accordance with the approved plan. Reason: To ensure an appropriate landscape setting to the development.

• 5. All planting, seeding or turfing comprised in the Landscape Plan must be carried out in the first planting and seeding seasons following the completion of the development. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.

• 6. The existing trees and hedges along the southern boundary of the site and to the west of the building hereby approved as shown on Block Plan BP1 shall be retained in accordance with the approved details. Any retained tree or hedge which within five years of the approved development being occupied or completed (whichever is the later) dies, are removed or become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department. Reason: To safeguard the appearance of the development and the surrounding area.
• 7. With the exception of groundworks no development shall take place until details of bat and bird boxes to be placed on the building hereby approved have been submitted to and approved in writing by the Department. The boxes shall be permanently retained in accordance with the approved details.

Reason: To safeguard a statutorily protected species and other wildlife known to be in the area.

• 8. There shall be no external lighting of the development hereby approved unless details are first submitted to and approved in writing by the Department. Lighting should be installed only in accordance with the approved details.

Reason: In the interests of the character and appearance of the site and surrounding area; and to protect bats.

• 9. The building hereby approved shall be used only for agricultural purposes.

Reason: The countryside is protected from development and an exception is being made on the basis of agricultural need. As such the building must be used for the purposes for which it is approved.

• 10. The agricultural building hereby approved shall be removed and the ground restored to its former condition in the event that it is no longer used or required for agricultural purposes.

Reason: The building has been exceptionally approved solely to meet agricultural need and its subsequent retention would result in an unwarranted intrusion in the countryside.

This approval relates to the following plans:

• o LP1 - Location Plan
• o SP1 - Site Plan
• o SP1 - Sections Plan

• o BP1 - Block Plan
• o FP1 - Floor Plan
• o PE1 - Proposed Elevations East & West
• o PE2A - Proposed Elevations North & South
• o Lizard Protection Plan, dated 17/8/25
• o Landscaping Plan (written document)

NOTE To ensure compliance with Conditions 2 and 3 and with the Wildlife Act 1990, the applicant is advised to liaise with the Ecosystem Policy Team prior to commencing groundworks. The team can be contacted by telephone +44 (0)1624 685963 or email [email protected]

NOTE The applicant is advised that allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.

This decision has been made for the following reasons(s) The proposed development is essential for the conduct of agriculture and it would be sited in a practical location which would also minimise its impact upon the landscape and general character and appearance of the area. With appropriate conditions, the development would not adversely affect the ecology of the area; and it would cause no harm in respect of residential amenity. It would therefore be justified in the countryside and comply with relevant Development Plan policy and legislation.

Date of Issue: 24th September 2025

A MORGAN Interim 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