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 Ballannette Trust, Ref 25/90132/B, for the Reinstatement of and alteration to three existing field accesses at Fields 610513, 614147, And 614954 Agneash Laxey Isle Of Man IM4 7NW .

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. The field accesses hereby approved shall be used solely for agricultural operations directly associated with the management of Fields 610513, 614147, and 614954. No recreational, residential, or commercial use shall occur at any time.

Reason: To prevent intensification and safeguard highway safety and rural character, in accordance with General Policy 2(h), Strategic Policy 5, and Environment Policy 15.

• 3. Prior to site clearance or construction works commencing on any of the approved accesses, a single ecological survey covering Fields 610513, 614147, and 614954 shall be submitted to and approved in writing by the Department. The survey shall identify habitat features, assess the potential presence of protected species, and propose access-specific mitigation and enhancement measures. These may include native planting adjacent to the accesses, timing of works to avoid sensitive ecological periods, and any necessary habitat protection.

Implementation of mitigation measures shall be phased in accordance with the approved recommendations for each access point. All measures required prior to first use shall be completed before the relevant access is brought into operation. Where ongoing or longer-term ecological actions are identified, these shall be implemented in accordance with the approved ecological strategy and maintained for the duration specified therein.

Reason: To safeguard biodiversity and comply with Environment Policies 4 and 5, and General Policy 2(d).

4. The surfacing of the accesses shall be constructed with a bound and consolidatedsurface for a minimum distance of 6 metres from the adopted highway boundary. The surfacesshall be implemented prior to the first use of each of the accesses and shall be retained as suchthereafter.

Reason: To ensure a durable and stable surface that prevents loose material from being carried onto the public highway, in the interest of highway safety and in accordance with Transport Policy 4 and General Policy 2 of the Strategic Plan.

5. Access 1 shall be constructed in full accordance with Drawing DWG. 04 Rev 4. Visibilitysplays shall be provided and maintained at a maximum height of 1.05 metres above groundlevel over the full extent shown on the approved drawing.

Reason: To ensure the access arrangements meet highway safety standards and maintain the efficiency of the highway network, in compliance with Transport Policy 4 and the Manual for Manx Roads.

6. Access 2 shall be constructed in full accordance with Drawing DWG. 05 Rev 4. Visibilitysplays shall be provided and maintained at a maximum height of 1.05 metres above groundlevel over the full extent shown on the approved drawing.

Reason: To ensure the access arrangements meet highway safety standards and maintain the efficiency of the highway network, in compliance with Transport Policy 4 and the Manual for Manx Roads.

7. Access 3 shall be constructed in full accordance with Drawing DWG. 06 Rev 4. Visibilitysplays shall be provided and maintained at a maximum height of 1.05 metres above groundlevel over the full extent shown on the approved drawing.

Reason: To ensure the access arrangements meet highway safety standards and maintain the efficiency of the highway network, in compliance with Transport Policy 4 and the Manual for Manx Roads.

8. Prior to first operational use of Access 2, drainage channels shall be installed in fullaccordance with the approved plans. These shall be maintained thereafter to prevent surfacewater runoff onto the public highway.

Reason: To prevent debris migration onto the highway and ensure safe and durable access surfacing, in accordance with Transport Policy 4 and General Policy 2(i).

9. Prior to first operational use of Access 3, drainage channels shall be installed in fullaccordance with the approved plans. These shall be maintained thereafter to prevent surfacewater runoff onto the public highway.

Reason: To prevent debris migration onto the highway and ensure safe and durable access surfacing, in accordance with Transport Policy 4 and General Policy 2(i).

10. Prior to commencement of works on Access 1, detailed specifications of the gate shall besubmitted to and approved in writing by the Department. The gate shall be positioned to allowvehicles to enter and exit in forward gear without obstructing the highway. Fencing shall beinstalled to prevent unauthorised parking and ensure safe, controlled access.

Reason: To safeguard highway safety and support agricultural operations, in accordance with General Policy 2(h), Transport Policy 4, and Environment Policy 15.

• 11. Prior to commencement of works on Access 2, detailed specifications of the gate shall be submitted to and approved in writing by the Department. The gate shall be positioned to allow vehicles to enter and exit in forward gear without obstructing the highway. Fencing shall be installed to prevent unauthorised parking and ensure safe, controlled access.

Reason: To safeguard highway safety and support agricultural operations, in accordance with General Policy 2(h), Transport Policy 4, and Environment Policy 15.

• 12. Prior to commencement of works on Access 3, detailed specifications of the gate shall be submitted to and approved in writing by the Department. The gate shall be positioned to allow vehicles to enter and exit in forward gear without obstructing the highway. Fencing shall be installed to prevent unauthorised parking and ensure safe, controlled access.

Reason: To safeguard highway safety and support agricultural operations, in accordance with General Policy 2(h), Transport Policy 4, and Environment Policy 15.

This decision relates to the following documents and plans Documents

• 1. Schedule Of Drawings - Amended Plans
• 2. Planning Statement
• 3. Schedule Of Drawings
• 4. 07 - Letter 01 - Letter Detailing Historic Existence Of Site
• 5. 08 - Letter 02 - Letter From Tenant Farmer
• 6. 09 - Letter 03 - Emergency Access Use During 2016 Gorse Fire Incident Drawings

• 1. DWG. 06 Rev 4 Field Openings Field 641954 Gate
• 2. DWG. 05 Rev 4 Field Openings Field 614147 Gate
• 3. DWG. 04 Rev 4 Field Openings Field 610513
• 4. DWG. 02 Site Plan
• 5. DWG. 01 Location Plan
• 6. DWG. 03 Field 614147 Gate 1997

This decision has been made for the following reasons(s) The proposal is considered acceptable in principle under General Policy 3(f) and (h), which support agricultural operations and countryside interpretation where justified and sensitively implemented. The development aligns with Environment Policy 15 by facilitating essential land management while respecting landscape character. Strategic Policy 4(b) and General Policy 2(b, f) are satisfied through the use of traditional materials and integration with the rural setting. Highway safety concerns have been addressed through revised access designs, and ecological impacts can be mitigated via condition, consistent with Environment Policies 4 and 5. Subject to conditions securing design, use, and ecological safeguards, the proposal complies with the Isle of Man Strategic Plan and represents a balanced form of rural development that supports agricultural viability without unacceptable harm.

Date of Issue: 17th September 2025

J CHANCE 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