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 Matt Newing, Ref 24/91420/B, for the Erection of replacement dwelling and detached garage at Clypse Moar Farm Clypse Moar Road Onchan Isle Of Man IM4 5BG .

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 the first occupation of the development hereby permitted, a soft landscaping scheme shall be submitted to and approved in writing by the Department. The scheme shall include details of all new trees and hedgerows and shall include a landscaping plan, planting specification and a timetable for implementation. Development shall be carried out in accordance with the approved scheme. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased, shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.

Reason: In order to safeguard the landscape character and appearance of the area and in the interest of biodiversity.

• 3. No retained tree as shown on the approved Tree Removal Plan shall be cut down, uprooted, destroyed, or damaged in any manner during the construction phase and thereafter, within five years from the date on which the development is first occupied. In the event that a retained tree become damaged or otherwise defective, the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: In order to safeguard the landscape character and appearance of the area and in the interest of biodiversity.

• 4. No development shall take place unless a tree protection scheme have been submitted to and approved in writing by the Department. Tree protection measures shall be shown on a layout plan accompanied by descriptive text and shall include but is not limited to;

• a) The location of the trees to be protected.
• b) The position and construction of protective fencing around the protected trees (to be in accordance with BS 5837: 2012 Trees in relation to design, demolition and construction).
• c) The extent and type of ground protection, and any additional measures required to safeguard vulnerable trees and their root protection areas. All documents should be prepared in accordance with British Standards BS3998:2010 Tree work

• - Recommendations and BS5837:2012 (Trees in relation to Design, Demolition and Construction
• -Recommendations) unless superseded.

The development must be carried out in accordance with the approved details. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department.

In the event that trees become damaged or otherwise defective during such period, the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented. In the event that a tree dies or is wilfully removed without prior consent it shall be replaced as is reasonably practicable and, in any case, by not later than the end of the first available planting season, with trees of such size, species and in such number and positions as may be agreed with the Department

Reason: required prior to commencement to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality.

• 5. No development shall commence until a bat survey has been submitted to and approved in writing by the Department. The bat survey, shall identify impacts on bat species together with mitigation and enhancement measures, where appropriate, and shall include an ecological mitigation plan and timetable for its implementation. Thereafter, the approved mitigation and enhancement measures shall be fully completed prior to the first occupation of the dwelling hereby permitted. Reason: To provide adequate safeguards for the bats.
• 6. No external lighting, including security lighting, shall be installed within the site other than in accordance with details that have previously been submitted to and approved in writing by the Department. The scheme shall accord with the recommendations outlined in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), or any subsequent version. Reason: In order to mitigate potential harm to bats.
• 7. No development shall commence, including site clearance work, unless details of a bird nest mitigation plan has been submitted to and approved in writing by the Department. The mitigation plan shall accord with the recommendations set out in Section 7 of the approved Bird Survey Report dated February 2025 and include, as a minimum, the following:

• o 3 nesting spaces for swallows
• o 2 nesting spaces suitable for starling

• o 1 nesting space suitable for wren
• o 2 nesting spaces suitable for jackdaw The nest box shall be installed in accordance with the approved details prior to the first
• occupation of the dwelling. Reason: In order to mitigate the loss of bird nesting opportunities within the site.

• 8. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2025 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling, hereby approved shall be carried out without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• 9. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2025 (or any Order revoking and/or re-enacting that Order with or without modification), no garages or other free standing buildings shall be erected within the curtilage of the dwelling hereby approved without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area

This approval relates to the following drawings and documents received 23 December 2024 and 6 May 2025:

• Dr No 1 - Topographical Survey
• Dr No 2 - Proposed house and garage plans and elevations
• Dr No 3 - Proposed site plan and location plan
• Dr No 4 - Large Scale Location Plan and Existing Site Plan Tree Constrains Plan Tree Removal Plan Clypse Moar Farm Tree Data Manx Birdlife Bird Survey dated February 2025

This decision has been made for the following reasons(s) The proposals respect the site and surroundings in terms of the siting, layout, scale, form, design of buildings and the spaces around them. The proposals will not harm the character of the surrounding landscape and comply with General Policy 2 (b) & (c). Furthermore, while the proposals will result in a larger dwelling on the site, the design and appearance is considered to result in an enhancement to the site and its landscape setting such that the proposals are justified and in accordance with Housing Policies 12 and 14 and Environment Policies 1, 3 and 2 of the Isle of Man Strategic Plan 2016.

Date of Issue: 17th September 2025

J CHANCE 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