Supporting Information

Background

The stone Triskelion located at the North Barrule site was constructed in 2019 by Mr. Brian Callister on land owned by Manx Utilities, without prior planning permission. Following its completion, Mr. Callister submitted a retrospective planning application, which was subsequently withdrawn after the Planning Department received feedback from consultees.

After considerable debate and public attention, the Planning Department agreed to allow the Triskelion to remain in place, based on advice that its removal could have a greater ecological impact than leaving it undisturbed. Since then, Manx Utilities has maintained ongoing engagement with the Planning Enforcement team, and no enforcement notice has ever been issued.

Over the years, Mr. Callister and various community groups have repainted the stonesinitially grey and later white. The stones are currently painted white, as shown in the attached photographs (Appendix A & B).

Manx Utilities remains neutral regarding the presence of the Triskelion. However, the Authority is concerned that, in the absence of either a Certificate of Lawfulness or a formal planning approval, it may become subject to enforcement action in the future. This application seeks to regularise the position and confirm the lawfulness of the existing structure.

Rationale for Application

Manx Utilities has decided to submit this application for a Certificate of Lawfulness for the following reasons:

• • Public Support and Cultural Significance: The Triskelion has attracted widespread public support and expressions of national pride, particularly on social media and in conversations with local landowners. It is increasingly regarded as a symbolic landmark within the Isle of Man.
• • Local Authority Support: Previous feedback from Lezayre Commissioners indicated support for retaining the structure.
• • Site Characteristics: The site is publicly accessible for rambling, tenanted to a sheep farmer, and no longer actively managed by Manx Utilities, making enforcement and monitoring challenging.
• • Social and Practical Considerations: Removing the Triskelion could generate significant negative public reaction towards Manx Utilities and the wider Government, and may even prompt its reconstruction in protest—potentially on a larger scale – potentially causing environmental damage and further inconvenience to our tenant.
• • Risk Management: Prompt submission of this application helps minimise the risk of enforcement action until a decision has been made by the Planning Department.
• • Low Level of Complaints: Manx Utilities has received only a minimal number of formal complaints regarding the structure.
• • Environmental Advice: Keeping the Triskelion in situ continues to follow the original advice from the Planning Department that removal would cause greater environmental harm than leaving it in place.

Justification for Lawfulness

This application is made under Section 24(1)(c) of the Town and Country Planning Act 1999, which allows for a Certificate of Lawfulness to be issued for operations that have been carried out and are now lawful by virtue of time limits on enforcement. Under the Act and associated regulations:

• • A Certificate may be granted where building or other operations have been substantially completed for a period exceeding four years without enforcement action being taken.
• • The applicant must demonstrate that the development was undertaken more than four years ago and has remained in situ without material change.

In this case:

• • The stone Triskelion was constructed in 2019 on land owned by Manx Utilities and has remained in place for over six years.
• • No planning enforcement notice has ever been issued, despite ongoing engagement with the Planning Enforcement team.
• • The structure has not been altered in size since its completion, and its presence has been continuous.
• • The site remains in agricultural use (grazing), and the Triskelion does not constitute a material change of use.

The statutory four-year period for immunity from enforcement has therefore elapsed, and we believe the operations are now lawful. Granting this Certificate will:

• • Regularise the planning position.
• • Remove uncertainty for the landowner and tenant.
• • Align with previous advice from the Department that removal of the Triskelion could cause greater environmental harm than leaving the structure in situ.

Supporting evidence includes:

• • Appendix A: Dated photographs and drone footage published in numerous news articles showing the Triskelion in place since at least 2020.
• • Appendix B: Site and location plans and current photographs attached to this application.
• • Appendix C: Site and Location Plan prepared for Mr Callister in 2018 for preplanning application advice. Submitted 6th December 2018.

Appendix A -Links below 19th May 2020 – Energy FM Facebook Post (with 2 minute Drone footage of the Triskelion) https://www.facebook.com/EnergyFMIOM/videos/giant-3-legs-on-northbarrule/282744136238601/ 18th June 2020 – Manx Radio News https://www.manxradio.com/news/isle-of-man-news/white-feet-on-north-barrule-triskelionunder-investigation/ 30th August 2024 – BBC Local News Isle of Man (Local Authority Backs Three Legs Landmark Reinstatement) https://www.bbc.co.uk/news/articles/c14z7lp8y42o