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 Manx Roots Limited, Ref 25/90674/B, for the Siting of two storage containers with link roof between at Land At Renscault Brooghs West Baldwin 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 storage containers, link roof and any associated pad supports shall be removed from the site on or before five years from the date of this permission becoming final, or within three months of the cessation/expiry of the Section 30 Wildlife Act 1990 Management Agreement for Renscault Brooghs, whichever is the sooner, and the land shall be restored to its former condition, including re-grading and re-seeding of any disturbed ground.

Reason: The permission is granted exceptionally on the basis of a time limited, functional need directly linked to the site management, and the Department has assessed the impact of the proposal on the basis of the specific use and documents submitted.

• 2. The development shall be used solely for the storage of machinery, tools and materials required for habitat management and biodiversity enhancement at the site, and for no other purpose, including any commercial storage, public interpretation/education use, or general agricultural or business use.

Reason: To confine the use to that advanced in the submission and relied upon in the planning balance.

• 3. The containers and covered area shall not be used for living or sleeping accommodation at any time.

Reason: To manage residual flood risk and ensure the development remains safe and appropriate for its location in accordance with General Policy 2(l) and Environment Policy 13.

• 4. The development shall be carried out in accordance with Drawing No. 002 (July 2025) and the siting shown thereon and shall maintain a minimum 9-metre buffer from the bank of the watercourse at all times.

• Reason: To ensure the development is implemented as approved and to safeguard the water environment and associated habitats by maintaining an appropriate buffer, in accordance with Environment Policy 7 and General Policy 2(d).
• 5. For the duration of the permission, the containers shall be finished and maintained in a dark green colour and the mono-pitch link roof in a dark grey colour as described in the submission; no advertisements or logos shall be displayed.

Reason: To ensure the development remains visually recessive and contextually appropriate, safeguarding the rural character and landscape quality in accordance with Strategic Policy 5, General Policy 2(b, c, f and g), and the objectives of Landscape Character Assessment.

• 6. No materials, equipment, plant or waste shall be stored outside the two enclosed containers or the roofed area between them, as defined by the footprint of the structure shown on Drawing No. 002.

Reason: To prevent visual clutter, safeguard the rural character, and protect landscape quality and local amenity in accordance with Strategic Policy 5 and General Policy 2(b, c and g).

• 7. No external lighting shall be installed unless details (including location, mounting height, luminance, hours of operation, cowls/baffles, and colour temperature) have first been submitted to and approved in writing by the Department. Lighting shall be installed prior to first use of the development and operated only in accordance with the approved details.

All lighting shall comply with the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 (2023) and be retained as such thereafter.

Reason: To avoid and mitigate ecological impacts, safeguard visual and residential amenity, and ensure compliance with Environment Policies 4, 5, 22 and General Policy 2(g).

• 8. No development shall commence until a Tree Protection Plan has been submitted to and approved in writing by the Department. The approved measures shall be implemented prior to any site clearance or construction activity and maintained in full until all approved structures and associated works have been completed and the site brought into its intended operational use.

Within the Construction Exclusion Zone (CEZ), nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit. The CEZ may only be removed once all construction and incidental works approved under this permission are completed.

Any retained tree which, within five years of the approved development being occupied or completed (whichever is the later), dies, is removed, or becomes 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 prevent unacceptable loss or damage to existing trees and vegetation, in accordance with Environment Policy 3 and General Policy 2(f) of the Strategic Plan.

• 9. No additional hardstanding, surfacing or foundations beyond the approved pad supports/compacted base necessary for the siting shown on Drawing No. 002 shall be formed.

Reason: For the avoidance of doubt and to prevent incremental encroachment that could harm the rural character and landscape quality, in accordance with Strategic Policy 5 and General Policy 2(b), (c), (f).

This decision relates to the following plans and documents: Drawings

• 1. Dwg. 001 - Location and Existing Site Plan (submitted 10 July 2025)
• 2. Dwg. 002 - Proposed Plans and Elevations (submitted 10 July 2025) Documents
• 3. Planning Statement (submitted 10 July 2025)

This decision has been made for the following reasons(s) Although the proposal does not fall within the specific exceptions listed under General Policy 3, the development plan, the temporary, functionally necessary and location-dependent storage is integral to delivering a Section 30 Wildlife Act Management Agreement, which seeks to restore and enhance habitats within a legally protected Wild Bird Sanctuary. This carries significant positive weight under Strategic Policy 4 and Environment Policies 1, 4 and 27, which collectively promote the protection and enhancement of biodiversity and landscape quality. The siting, scale, and dark green finish ensure compliance with General Policy 2 and Strategic Policy 5, avoiding harm to the rural character identified in Landscape Character Area B7. Flood risk and water environment safeguards under EP7 and EP13, together with controls on lighting, pollution prevention, and external storage, ensure that environmental quality and amenity are maintained in accordance with EP22.

Date of Issue: 30th October 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