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 Dean And Wardens Of The Burial Authority Of German, Ref 25/90753/B, for the Extension to cemetery at Field 315146 Douglas Road Peel 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. Prior to commencement of the development hereby approved, a detailed Woodland Planting and Management Plan shall be submitted to and approved in writing by the Department. The Plan shall include a detailed landscaping layout for the site; planting plans (at a scale not less than 1:100); written specification of planting and cultivation works to be undertaken and schedules of plants, noting species, plant sizes and proposed numbers/densities; hard surfacing materials; existing and finished site levels. The development shall thereafter be implemented and maintained in accordance with the approved Plan.
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of any unit, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Reason: To secure landscape integration and habitat creation consistent with Strategic Policy 4, Strategic Policy 5, Environment Policy 5, and General Policy 2.
- 3. Prior to commencement of the development hereby approved, a Surface Water Management Plan shall be submitted to and approved in writing by the Department. The Plan shall include SuDS measures proportionate to the site (e.g., swales, shallow infiltration features, cut off drains) designed to intercept and attenuate runoff, with exceedance routing that avoids the stream, and a maintenance schedule. The approved measures shall be installed prior to first use and thereafter maintained.
- Reason: To manage runoff on the gently sloping, free draining fluvial deposits and avoid pollution or increased flood risk to the adjacent stream, in accordance with Environment Policy 7, General Policy 2.
- 4. No graves, structures, hard surfaces, soil stockpiles, or excavation works shall be undertaken within 9 metres of the top of bank of the stream along the south-eastern boundary. The buffer shall be demarcated by protective fencing prior to any ground works and retained until completion of the works required by conditions 2 and 3 of this decision notice.
Reason: To prevent deterioration in water quality and protect bankside habitats, in accordance with Environment Policy 7.
- 5. Prior to commencement of the development hereby approved, a BS 5837: Trees in Relation to Design, Demolition and Construction compliant Arboricultural Impact Assessment shall be submitted to and approved in writing by the Department. The submission shall:
- i. Identify all trees of note within and adjacent to the site, as advised by DEFA Forestry.
- ii. ii. Include a Tree Constraints Plan showing root protection areas and canopy spreads.
- iii. Provide a Tree Protection Plan specifying fencing and ground protection measures to safeguard retained trees and hedgerows during construction.
Tree protection measures shall be installed before any ground works commence and retained for the duration of all works.
Reason: To ensure protection of existing boundary trees, preventing damage or fragmentation of woodland features and supporting successful woodland establishment, consistent with Environment Policy 3, Strategic Policy 4, and General Policy 2.
- 6. The new access connection into the existing cemetery driveway and the internal circulation (including passing places and pedestrian paths) shall be constructed in accordance with the approved layout prior to first use of the woodland cemetery and retained as such thereafter.
Reason: To provide safe and convenient access and on-site movement in accordance with Transport Policy 4, Transport Policy 7, and General Policy 2.
- 7. No external lighting shall be installed at the site until a detailed low-level lighting scheme has been submitted to and approved in writing by the Department. The scheme shall be designed in accordance with the recommendations set out in the BCT and ILP Guidance Note 8: Bats and Artificial Lighting (12 September 2018). The submitted details shall include:
- i. Drawings of proposed lighting columns and fittings
- ii. Information on luminance levels and hours of operation
- iii. Measures to mitigate light spill and reduce ecological impact
The development shall be carried out strictly in accordance with the approved scheme and retained as such thereafter.
Reason: To safeguard ecological species on the site and in the immediate locality, consistent with Environment Policy 5 and Strategic Policy 4.
- 8. As per the applicant's letter dated 11.11.25, no approval is hereby given for the installation of a Biodigester or any toilets on the site. Reason: For the avoidance of doubt. This approval relates to the following documents and drawings:
- o Cover Letter - submitted 05 August 2025.
- o Location and Land Ownership Plan - submitted 05 August 2025.
- o Existing Site Plan - submitted 05 August 2025.
- o Proposed Site Plan - submitted 05 August 2025.
- o Engineer's Report - submitted 05 August 2025.
- o Covering Letter (Additional Information) - submitted 11 November 2025.
- o Planting Specifications - submitted 11 November 2025.
NOTE Prior to any interments, the applicant is advised to undertake site checks within the preceding four weeks to confirm the minimum 1 metre vertical separation between the base of the grave and the seasonal high-water table at the proposed plot.
This decision has been made for the following reasons(s) The proposal represents a proportionate extension to an established burial ground, meeting an
- overriding community need in a location directly adjoining the existing cemetery. This satisfies General Policy 3 (exceptions in the countryside where no reasonable alternative exists) and supports Strategic Policy 2 and Spatial Policy 5 for sustainable, integrated development. The woodland design, modest structures, and naturalistic layout respect rural character and, with secured planting and management, will enhance landscape quality in accordance with Strategic Policies 4 and 5 and General Policy 2. Engineering evidence confirms stable excavation and absence of groundwater to 2.5 m, while recognising seasonal variability and proximity to the stream; with appropriate safeguards for buffers, surface water management, and excavation practices, the scheme avoids demonstrable harm to the watercourse and protects water quality consistent with Environment Policy 7. The site's soils exhibit Class 3 characteristics, avoiding the permanent loss of the Island's best and most versatile land, consistent with Environment Policy 14 and Section 7.13. Access arrangements are acceptable; as the approved layout ensures safe entry, internal circulation, and parking provision are in accordance with Transport Policies 4 and
- On balance, the proposal accords with the Strategic Plan and is acceptable.
Date of Issue: 22nd 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