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 Thomas Downey, Ref 25/90786/B, for the Erection of an agricultural building at Ballaglonney Farm Ballacutchel Road Santon Isle Of Man IM4 2HU .

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 building shall be used solely for purposes associated with agriculture or horticulture and for no other purpose, including any equestrian, commercial, or residential use.

Reason: The development has been approved as an exception to countryside protection policies on the basis of a specific agricultural and horticultural need.

• 3. In the event that the building hereby approved is no longer required for agricultural or horticultural purposes, or if such use ceases for a continuous period exceeding 18 months, the structure and any associated hardstanding shall be removed, and the land restored to its original condition suitable for farming. A restoration plan detailing the steps to achieve this shall be submitted to and approved in writing by the Department within one month of cessation. The approved restoration plan shall be implemented in full within three months of its approval.

Reason: The building has been exceptionally approved to meet a specific agriculture/horticulture need, and its retention without such use would result in an unjustified intrusion into the countryside, contrary to GP3 and EP1

• 4. The external materials of the building shall be as specified on Drawing No. 04 Rev A and shall be retained in accordance with those specifications thereafter following completion.

Reason: To ensure the development integrates appropriately with its rural surroundings, in accordance with EP15 and STP5.

• 5. Prior to the installation of any external lighting associated with the agricultural building hereby approved, a detailed lighting scheme shall be submitted to and approved in writing by the Department. The scheme shall be designed in accordance with the recommendations of the Bat Conservation Trust and Institution of Lighting Professionals (ILP) Guidance Note 8: Bats and Artificial Lighting (12 September 2018), to minimise disruption to nocturnal wildlife and avoid unnecessary light spill into the surrounding countryside. The submitted scheme shall include:

• o Scaled drawings and specifications of all proposed lighting columns and fittings;
• o Details of luminance levels, hours of operation, and control mechanisms; and
• o Mitigation measures to reduce light pollution and ecological disturbance.

The development shall thereafter be carried out and operated in full accordance with the approved scheme.

Reason: To ensure that artificial lighting does not adversely affect biodiversity or the character

• of the rural environment, in accordance with Environment Policies EP1 and EP4.

• 6. No hedgerows adjacent to the application site shall be removed, damaged, or otherwise disturbed during the construction of the development. Prior to commencement of development, a hedgerow protection plan shall be submitted to and approved in writing by the Department. The plan shall include details of protective fencing to be erected in accordance with BS 5837:2012 or an equivalent standard, and shall identify the location, specification, and timing of installation. The approved fencing shall be installed prior to any site works and shall remain in place for the duration of construction. It shall only be removed following completion of all external works.

Reason: To ensure appropriate safeguarding of existing hedgerow features during construction and prevent biodiversity loss or landscape degradation, in accordance with Environment Policies EP1 and EP4.

This decision relates to the following drawings and documents: Drawings:

• o 01 - Location Plan
• o 02 - Existing Site Plan
• o 03 - Proposed Site Plan
• o 04 - Proposed Plans and Elevations Documents and Correspondence:
• o Cover Letter - Submitted 09 September 2025
• o Document Register - Submitted 09 September 2025
• o Email Correspondence with Photographic Evidence from Agent received 23 October 2025.

This decision has been made for the following reasons(s) The proposal accords with the Strategic Plan (2016) and the Area Plan for the East when read as a whole. It represents an essential agricultural building that satisfies the exception criteria under General Policy 3(f) and the definition of agriculture in the Town and Country Planning Act 1999. The operational need is clearly demonstrated for the scale of the holding, and the building is proportionate in size and design, consistent with Environment Policy 15. Its siting adjacent to existing structures, use of appropriate materials, and partial sunken design minimise visual impact in accordance with Strategic Policy 5. The development avoids the loss of high-

quality agricultural soils (EP14) and does not result in significant biodiversity impacts (EP1, EP4, STP4). Date of Issue: 10th November 2025 A MORGAN Interim 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