Officer Report

Application No.: 25/90671/B Applicant: Mr Julian Edwards Proposal: Erection of cattle bridge Site Address: Ballakillingan Farm Churchtown Ramsey Isle Of Man IM7 2AL Planning Officer: Paul Visigah Photo Taken: 01.09.2025 Site Visit: 01.09.2025 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 13.11.2025 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 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.

• C 2. The bridge hereby approved shall be used solely for agricultural purposes associated with Ballakillingan 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 Environment Policy 15 and General Policy

• 3.

• C 3. The development shall be carried out in full accordance with the Flood Risk Assessment prepared by Kinsley Consulting Engineers (dated 6 June 2025) and the revised drawing 25025KCE-XX-ZZ-D-C-20001-P02. The bridge structure shall incorporate:

• i. A minimum soffit clearance of 300mm above the lower bank across all spans.
• ii. Open containment rail design, with no mesh infill and a restraint bar at 600mm above deck level.
• iii. Structural design to BS5400 standards, including consideration of lateral loads from flood water and debris.

The approved flood resilience measures shall be implemented in full prior to first use of the bridge and retained thereafter.

Reason: To ensure the development remains resilient to fluvial and tidal events and does not increase flood risk, in accordance with Environment Policies 10 and 13.

• C 4. The bridge hereby approved shall be constructed using the materials and structural specifications detailed in the approved plans, including steel Pratt truss, universal beam sections, precast concrete deck, timber railings, and mesh infill. Following completion, the bridge shall be retained in accordance with the approved design.

Reason: To ensure the development integrates appropriately with the landscape and reflects its agricultural function, while allowing for future adaptation where justified, in accordance with Strategic Policy 5, Environment Policy 2, and Strategic Policy 1.

• C 5. No development shall commence until a Tree and Landscape Protection Plan has been submitted to and approved in writing by the Department. The plan shall detail the location and specification of protective fencing, root protection zones, construction exclusion zones (CEZ), and any necessary arboricultural supervision. The approved measures shall be implemented prior to any site clearance or construction activity and maintained in full for the duration of the development works.

Within the CEZ, no materials shall be stored, disposed of, or mixed; no fires shall be lit; and no excavation, ground level changes, or use of contaminating substances shall occur. The CEZ may only be removed once all construction works are complete.

All existing trees and boundary planting adjacent to the development site shall be retained. Any tree or planting that is damaged, removed, or dies within five years of completion shall be replaced with native species of a size and specification to be first approved in writing by the Department, during the next planting season or in accordance with an agreed replacement programme.

Reason: To prevent unacceptable loss or damage to existing trees and vegetation and to safeguard the visual amenity and landscape character of the Area of High Landscape Value, in accordance with Environment Policies 2 and 3 and General Policy 2(f).

N 1. Note to Applicant: The applicant is advised that giant hogweed, Himalayan balsam, and montbretia are known to be present near the development site and are listed under Schedule 8 of the Wildlife Act 1990. It is an offence to cause their spread.

The applicant is advised to take appropriate steps to avoid disturbance or dispersal during construction and to seek guidance from the DEFA Ecosystem Policy Team if any such species are encountered.

This application has been recommended for approval for the following reason.

The proposed cattle bridge is considered acceptable in planning terms as it meets the policy tests for essential agricultural infrastructure under General Policy 3 and Environment Policy 15. It is functionally justified, modest in scale, and appropriately designed to integrate with the surrounding landscape, in accordance with Environment Policies 1, 2, and Strategic Policy 5. The Flood Risk Assessment demonstrates compliance with Environment Policies 10 and 13, confirming that the development does not increase flood risk. Biodiversity impacts are minimal and appropriately mitigated, aligning with Environment Policies 4 and 5 and Strategic Policy 4. The proposal supports agricultural resilience and aligns with the Isle of Man Agricultural Strategy 2024.

Plans/Drawings/Information; This approval relates to the following documents and drawings, all received on 11 July 2025:

• o Cover Letter
• o Measured Survey - Drawing No. 01
• o Flood Risk Assessment prepared by Kinsley Consulting Engineers and dated 6 June 2025
• o Section 20 Watercourse Consent Form
• o Site Location and Photos - Drawing No. 00001-P01
• o Revised Bridge Sections, Elevation and Site Layout - Drawing No. 25025-KCE-XX-ZZ-DC-20001-P02 (received 22 October 2025)
• o Correspondence between Kinleys Consulting Engineers and DOI Flood Risk Management confirming design amendments (dated 22-27 October 2025)

_________________________________________________________________ Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal:

• o Lezayre Parish Commissioners - No Objection
• o DOI FRM - No Objection _________________________________________________________________

Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT CONTROL

1.0 THE SITE - 1.1 The application site comprises parts of Fields 134294 and 134299, which lie respectively to the south and north of the Sulby River. These fields form part of Ballakillingan Farm, located north of Churchtown and the Lezayre Road, within the parish of Lezayre. The site lies approximately 235 metres northwest of the main farmyard and is part of the wider agricultural holding. - 1.2 Access to the site is gained via an existing entrance off Lezayre Road, leading through the farm complex along a 330-metre lane and onto a dirt track that connects to Field 134294 and adjoining fields (Fields 134293 and 134292). Field 134299, situated north of the river, lacks direct vehicular access from the rest of the holding. It is accessed via a ford located at the northwest end of the farmyard and Field 134295. Movement of livestock to this field is only possible when river levels are sufficiently low to permit crossing. - 1.3 Both fields are well enclosed by mature trees and planting along their boundaries, providing effective visual screening from surrounding highways. While the site is generally screened from public vantage points, partial views may be achievable from the track linking the ford to Garey Road.

2.0 PROPOSAL - 2.1 Planning approval is sought for erection of a cattle bridge to facilitate movement of livestock between Fields 134294 and 134299, which lie on opposite sides of the Sulby River. The bridge will replace the current reliance on a natural ford crossing. - 2.2 The proposed bridge will span a section of the Sulby River measuring approximately 9.8m in width, with a total bridge length of 28m. It will comprise three segments: a 5-metre southern section inclined at 7 degrees above horizontal, a 15-metre flat mid-section, and an 8-

• metre flat northern section. The southern end will connect to a concrete abutment wall measuring 1.5m in height and positioned approximately 1.7m above river level. The midsection will sit 3.2m above river level. The northern end will terminate at an abutment wall with a top height of 1.8m and a base positioned approximately 1.4m above river level.
• 2.3 The bridge will have a total external width of 1652mm, with a clear internal width of 1550mm between containment rails. The containment rails will rise to a height of 1500mm from its base level and 1290mm measured from the top of the deck. The base thickness of the structure is 202mm. The overall profile accommodates livestock and small agricultural vehicles, as shown in the submitted cross-sectional drawings.
• 2.4 The bridge will be constructed as a three-span structure using steel and precast concrete:

• a. The internal 15-metre span will consist of a Pratt truss design using square hollow section (SHS) steel members with steel mesh infill.
• b. The shorter external spans of 8 metres and 5 metres will be formed using simply supported steel universal beam (UB) sections with steel balustrades incorporating similar mesh infill.
• c. High-strength concrete will be used for the deck and support structures, including abutment walls. Reinforced steel bars will be embedded within the concrete.
• d. Pressure-treated timber will be used for the railings and other non-load-bearing elements.
• e. A layer of asphalt will be applied on top of the concrete deck.

2.5 The applicants have submitted a Flood Risk Assessment which details the following:

• 1. The proposed bridge spans the Sulby River within Ballakillingan Farm, connecting pastures on either side for livestock movement, with minimal structural intrusion into the river channel.
• 2. The bridge will be set 300mm above adjacent field levels, with slender concrete abutments placed within the secondary channel and designed to minimise obstruction to flow.
• 3. The Sulby River at the bridge location has a primary channel capacity of 16.7m³ and a secondary channel capacity of 49.7m³, significantly exceeding the low flow volume of 2.4m³ recorded during survey.
• 4. Tidal flood risk at the bridge site is low; even under a 1 in 1000 year tidal event, the north bank contains floodwaters and the bridge structure remains unaffected, though the south bank is breached.
• 5. Fluvial flood risk is more significant: a 1 in 200 year event floods the south bank and surrounds the abutments, while a 1 in 1000 year event breaches both banks and partially submerges the bridge.
• 6. The bridge deck and handrails are designed to allow water to pass over and through during extreme flood events, reducing resistance and risk of debris accumulation.
• 7. The nearest upstream asset ('Chequers') and downstream asset (railway bridge) are not considered at increased risk due to the bridge; any displaced flow would affect fields within the farm's curtilage only.
• 8. Risk from upstream impounded waters (Sulby and Block Eary Reservoirs) is minimal due to maintenance and controlled outflows; any surge would dissipate before reaching the bridge site.

3.0 PLANNING POLICY - 3.1 Site Specific:

• 3.1.1 The site lies within an area of Area of Private Woodland and Area of High Landscape or Coastal Value and Scenic Significance on the 1982 Development Plan. The site is not within a Conservation Area but lies within an area of high tidal, fluvial and surface water flood risk.

3.2 Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered relevant in the determination of this application:

• 1. General Policy 2 - General Development Considerations.
• 2. General Policy 3 - Exceptions to development in the countryside.
• 3. Environment Policy 1 - Protection of the countryside and ecology.
• 4. Environment Policy 3 - Development to safeguard woodland of high amenity value.
• 5. Environment Policy 4 - Protection of species and habitats.
• 6. Environment Policy 5 - Mitigation against damage to or loss of habitat.
• 7. Environment Policy 10 - Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4.
• 8. Environment Policy 13 - Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted.
• 9. Environment Policy 15 - supports agricultural or horticultural buildings in the countryside only when a clear need outweighs the general restriction on development in the countryside. Such buildings must be close to existing structures, appropriately designed, and integrated into the landscape. Exceptions for isolated or exposed locations require landscaping, and developments near residential areas must minimize adverse impacts while recognizing the functional needs of farming.
• 10. Transport Policy 1 - Proximity to existing public transportation services.
• 11. Transport Policy 4 - Highway Safety.
• 12. Strategic Policy 1 - Efficient use of land and resources.
• 13. Strategic Policy 2 - Priority for new development to identified towns and villages.
• 14. Strategic Policy 5 - Design and visual impact.

- 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary.

4.2 Section 68 of the Flood Risk Management Act (2013) indicates that any published Flood Risk Management Plan and the extent to which the proposed development creates an additional flood risk are material considerations. - 4.3 Isle of Man Agricultural Strategy 2024

• 4.3.1 Section 4.2 Economy "All Manx people benefit from a strong and growing agricultural sector and the jobs it supports. Manx farmers are paramount to local food security, they put food on the nation's plates and money into the economy. They are also the custodians of the landscape and environment that is so highly prized by all. Feeding the local population requires an industry to be innovative, well-informed, well supported, market-savvy and investing for the future. The Island's abattoir, creamery and flour mill are key to accessing local markets along with exports. We need to ensure their long-term financial stability and contribution to the Island. The Island needs the ability to access markets, seek the rewards that they deserve which will grow and strengthen the role of agriculture within the Island's economy, increasing the financial resilience of our Agri-Food sector. By aligning our Food Security Strategy with the Agricultural Strategy, we will be able to take action to reduce and replace food imports as part of developing diversified income streams. Utilising land-based solutions and our farming industry to be part of the solution to the Island's energy security will require the land use framework to provide a steer on the best use of land, ensuring that Manx farming is productive and profitable, without impacting on the conservation role farmers also play. Opportunities exist for the development of a sustainable bio-economy where the biosphere is harnessed by farmers to create marketing opportunities both on and off-island. Access to high-value markets and marketing opportunities is essential for the Agri-Food sector to grow, innovate, attract investment, contribute to the economy and deliver land-based solutions to the Island's residents."

- 5.0 PLANNING HISTORY

5.1 The site has not been the subject of any previous planning application. - 5.2 Although the broader farm site which is within the ownership of the applicant has been the subject of a number of previous planning applications, none of these are considered relevant in the assessment and determination of the current application:

6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only. - 6.1 Lezayre Parish Commissioners raise no objection to the proposal but note that a spring tide may be quite deep at this location (08 August 2025).

6.2 DEFA Ecosystem Policy Team have made the following comments on the application (30 Jul 2025):

• 1. No objection to the proposal.
• 2. Records of giant hogweed and Himalayan balsam exist just upriver of the proposed works; photos also suggest presence of montbretia on the riverbanks.
• 3. All three species are non-native invasive plants listed under Schedule 8 of the Wildlife Act 1990.
• 4. The applicant must check for invasive species prior to works and ensure activities do not cause their spread, which would be an offence.
• 5. Although the risk is considered low due to limited riverbank works, piling in areas of montbretia may reinvigorate the plant or spread underground corms downstream.
• 6. If invasive species are found in the working area, the applicant is advised to consult the Ecosystem Policy Team for guidance on avoidance and eradication.

6.3 DOI Flood Risk Management Division (DOI FRM) reviewed the proposal and raised the following concerns (20 October 2025):

• 1. They do not oppose subject to conditions (DNOC).
• 2. They note that the proposed bridge lies within the tidal expanse of the Sulby River and will require Section 20 consent under the Flood Risk Management Act 2013 prior to construction.
• 3. The submitted Flood Risk Assessment (FRA) indicates the bridge soffit is 300mm above bank tops, but this clearance does not appear to match the section drawing provided.
• 4. FRM requests that the soffit height be increased to 600mm above the riverbank to allow floating debris to pass beneath the structure.
• 5. Handrails should be of an open design to permit water to flow across the bridge during extreme flood events.
• 6.3.1 Additional Documentation and FRM Review (27 October 2025): Following review of the additional submission, Flood Risk Management confirmed that the proposal meets their requirements, subject to confirmation that the bridge has been designed to withstand lateral forces arising from floodwater and debris.

• 6.3.2 Applicant's Confirmation (27 October 2025): The applicant has confirmed that the bridge will be designed in accordance with BS 5400 standards. They further note that detailed structural design has not yet commenced and will follow once planning approval is granted.

6.4 Although DEFA Inland Fisheries Inland Fisheries Development Manager was consulted on 24 October 2025 and 5 November 2025, no comments have been received on the application.

6.5 No comments have been received from neighbouring properties.

- 7.0 ASSESSMENT

7.1 The fundamental issues to consider in the assessment of this planning application are;

• 1. The principle of the development;
• 2. The Visual and Landscape Impacts;
• 3. Potential Flood Impacts; and
• 4. Impacts on Biodiversity.

7.2 The Principle of Development (GP3, EP1, EP15)

• 7.2.1 The application site lies within open countryside and is not designated for development under the 1982 Development Plan. As such, there is a general presumption against new development in this location. However, General Policy 3 (GP3) allows for exceptions where development is essential for the conduct of agriculture or forestry. In this case, the proposed cattle bridge is intended to facilitate internal livestock movement between Fields 134294 and 134299, which are separated by the Sulby River. The northern field currently lacks direct vehicular access and is only reachable via a ford crossing, which is dependent on low river levels. The bridge would replace this unreliable crossing and enable safe, year-round movement of livestock within the holding.

• 7.2.2 The site forms part of an active agricultural enterprise, and the proposed works are directly associated with the operational needs of the farm. The application clearly demonstrates that the bridge is required to support the productive use of the landholding, and its function is limited to agricultural purposes. Environment Policy 15 (EP15) supports agricultural infrastructure where a clear functional need is demonstrated and the development is appropriately designed and sited. The proposal does not introduce residential or commercial uses and does not conflict with Strategic Policy 2, which prioritises development within identified towns and villages.

• 7.2.3 Furthermore, the Isle of Man Agricultural Strategy 2024 underscores the importance of investing in agricultural infrastructure to support productivity, food security, and sustainable land management. The strategy recognises the role of farmers as custodians of the landscape and supports schemes that enhance operational efficiency and reduce reliance on external infrastructure. In this context, the proposed bridge contributes directly to the viability and resilience of the farm unit.

• 7.2.4 Given the above, the proposal is considered to meet the policy tests for essential agricultural development in the countryside. The principle of development is therefore supported, subject to detailed consideration of its environmental, landscape, and biodiversity impacts.

7.3 Visual and Landscape Impacts (EP15, EP1, EP2, GP2, STP1, STP4, STP5)

• 7.3.1 The site lies within open countryside and is identified in the 1982 Development Plan as an Area of High Landscape or Coastal Value and Scenic Significance. Environment Policy 2 states that within such areas, the protection of landscape character is the most important consideration unless it can be shown that the development would not harm the character and quality of the landscape, or that the location is essential. In this case, the proposed cattle bridge is modest in scale, agricultural in function, and sited within a well-contained part of the farm holding. The surrounding mature trees and planting provide effective visual screening from nearby highways and public vantage points, including the track linking the ford to Garey Road. The segmented profile of the bridge, comprising inclined and flat spans, responds to the topography of the riverbanks and avoids unnecessary visual prominence.
• 7.3.2 The materials proposed include steel and precast concrete, with timber railings and mesh infill. These reflect a utilitarian design approach consistent with agricultural infrastructure and avoid the use of visually intrusive or urbanising elements. Although the bridge is not

• adjacent to the main farmyard, its siting is dictated by the operational need to span the Sulby River between two active pasture fields. Environment Policy 15 recognises that agricultural infrastructure may be required in locations away from existing building groups where they are justified by functional need, provided the design and materials are appropriate to the landscape. In this case, the structure is slender, low-profile, and avoids excessive massing, thereby respecting the character of the surrounding countryside.
• 7.3.3 Strategic Policy 5 requires new development to make a positive contribution to the Island's built environment. Supporting text at paragraph 4.3.8 highlights the importance of context-led design and cautions against "anywhere architecture" that fails to respond to local character. The bridge's form and finish are clearly derived from its agricultural function and landscape setting, rather than generic design templates. It avoids unnecessary embellishment and instead reflects a practical, site-specific response to the operational needs of the farm. This approach aligns with the Strategic Plan's emphasis on design that is informed by siting, scale, materials, and context.
• 7.3.4 General Policy 2 further reinforces the need for development to respect its surroundings in terms of layout, form, and landscape integration. The proposal does not rely solely on screening to justify its acceptability but demonstrates a clear understanding of how rural infrastructure can be sensitively incorporated into the landscape. The bridge avoids isolated or exposed positioning, does not encroach on undeveloped land beyond what is necessary, and maintains the visual integrity of the wider countryside. Accordingly, the development is considered acceptable in visual and landscape terms and compliant with the relevant policy framework.

7.4 Potential Flood Impacts (EP10, EP13, GP2(l))

• 7.4.1 The site lies within an area identified on the Island's flood maps as being at high risk from tidal, fluvial, and surface water flooding. Environment Policy 10 requires that proposals in such locations are supported by a Flood Risk Assessment (FRA), while Environment Policy 13 prohibits development that would result in an unacceptable risk from flooding, either on or offsite. General Policy 2(l) further requires that development is not located on land subject to an unreasonable risk of flooding. The submitted FRA provides a proportionate, site-specific analysis of the Sulby River, including channel capacity, flow modelling, and structural response to flood scenarios, consistent with Appendix 4 of the Strategic Plan.
• 7.4.2 The proposed bridge has been designed to respond to the hydraulic conditions of the site. The deck is set above adjacent field levels and supported on slender abutments positioned within the secondary channel, reducing obstruction to flow. The FRA confirms that the Sulby River's primary and secondary channels have sufficient capacity to accommodate highlikelihood flood events. It also concludes that any displaced flow during extreme events would remain within the curtilage of Ballakillingan Farm, and no third-party assets are considered vulnerable. The structure is engineered to allow water to pass over the deck and through open handrails during extreme conditions. These measures demonstrate a considered approach to flood resilience and reflect good practice in minimising flood risk.
• 7.4.3 Flood Risk Management has confirmed that the revised submission meets their requirements, subject to confirmation that the bridge will be designed to withstand lateral forces from floodwater and debris. The applicant has indicated that the structure will be designed in accordance with BS 5400 standards, with detailed design to follow planning approval. These engineering matters fall under separate technical and legislative controls and are not assessed within the planning process. For planning purposes, the FRA and consultation responses demonstrate compliance with the relevant flood risk policies.
• 7.4.4 On balance, the bridge represents agricultural infrastructure that is proportionate to its context and function. While the site is within a designated flood zone, the nature of the development, being uninhabited, non-serviced, and structurally resilient, means it does not

• introduce new vulnerabilities or exacerbate existing risks. The FRA demonstrates that the residual risk is not unreasonable, satisfying General Policy 2(l). The evidence supports the conclusion that the bridge is appropriately sited and engineered to accommodate flood conditions without compromising safety or affecting third-party land. The proposal therefore satisfies Environment Policies 10 and 13 and General Policy 2(l).
• 7.5 Impacts on Biodiversity (EP1, EP3, EP4, EP5, STP4)

• 7.5.1 In assessing the potential impacts on biodiversity, it is noted that the site is not designated as a Wildlife Site, Area of Special Scientific Interest (ASSI), or Area of Ecological Importance. However, it lies adjacent to private woodland and within a landscape of recognised ecological value. Environment Policies 1, 3 and 4 require that development avoids unacceptable harm to species, habitats, and woodland areas of public amenity or conservation significance. Strategic Policy 4 further requires that proposals protect or enhance the nature conservation value of both urban and rural areas, particularly where development occurs adjacent to designated sites.
• 7.5.2 While the risk is considered low due to the limited extent of riverbank works, piling activities may disturb montbretia corms and result in downstream dispersal. The DEFA Ecosystem Policy Team has raised no objection to the proposal, which reinforces the conclusion that the development is ecologically acceptable. However, they note the presence of invasive species, giant hogweed, Himalayan balsam, and montbretia, just upriver of the proposed works. They further advise that, should invasive species be encountered, the applicant must seek guidance on appropriate avoidance and eradication measures.
• 7.5.3 Environment Policy 5 provides that, in exceptional circumstances where development is permitted near sites of ecological value, conditions or planning agreements should be used to minimise disturbance, conserve ecological interest, and mitigate unavoidable damage. In this case, the development does not affect any designated site and is not considered exceptional in terms of ecological risk. The bridge works are limited in scope and do not involve significant vegetation clearance, habitat fragmentation, or encroachment into designated conservation land. As such, the proposal is not expected to result in significant biodiversity impacts. Nonetheless, precautionary conditions would be imposed to safeguard against the spread of invasive species. This precautionary approach reflects good ecological practice and demonstrates that the proposal has been informed by statutory obligations and environmental sensitivity.
• 7.5.4 Accordingly, the development is considered acceptable in ecological terms and compliant with the relevant policy framework, including EP1, EP4, EP5, and Strategic Policy 4. The proposal respects the strategic aim of protecting biodiversity and ecological integrity, and there is no evidence of unacceptable harm to species, habitats, or conservation interests.

- 8.0 CONCLUSION

8.1 The proposed cattle bridge represents essential agricultural infrastructure that is modest in scale, functionally justified, and sensitively designed to respect its landscape and ecological context. It avoids adverse impacts on biodiversity, flood risk, and visual amenity, and aligns with Environment Policies EP1, EP4, EP5, EP10, EP13, and Strategic Policies STP4 and STP5. The development supports the operational needs of Ballakillingan Farm and contributes to agricultural resilience in line with the Isle of Man Agricultural Strategy. Subject to appropriate conditions, the proposal is considered compliant with the Strategic Plan and acceptable in planning terms. - 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

9.2 Article A10 sets out that the right to appeal is available to:

• o applicant (in all cases).
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure, and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity, they cannot be given the Right to Appeal.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made: Permitted Date: 24.11.2025 Signed : Presenting Officer

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