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 Arbory & Rushen Commissioners, Ref 25/91016/B, for the Alterations to existing fencing and walls around Ballakilley Park, creation of earth mound and three pedestrian accesses, installation of bicycle stands at Fields 414214 And 414532 Barracks Road Port St Mary Rushen .

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 commencement of development, a landscaping plan shall be submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works shall include details of grassed areas and new planting (including tree planting) showing, type, size and position of each. Such details should also include any planting to the western boundary of the site to the rears of properties referenced No's 7 Macherdonnag through to No48 Magherchrrym.

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 the dwelling, 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.

The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted. No excavation works or changes to site levels shall be carried out other than in accordance with the approved details. Reason: To ensure the provision of an appropriate landscape setting to the development.

• 3. All pedestrian entrance designs including the barriers to the Park as shown on the approved plans shall be implemented before first use of the pedestrian footpaths

Reason: In the interest of pedestrian safety and Highway users. This decision relates to drawings and supporting information received on 11 November 2025, refeenced; 01,02,03,04,05,09,11,12 19 December 2025, referenced; 06A, 07A, 08A, 10A This decision has been made for the following reasons(s) THe proposed scheme would comply with General Policy 2 of the IoM Strategic Plan 2016

Date of Issue: 21st January 2026

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