22 September 2020 · Delegated - Head of Development Management (Stephen Butler)
Field 310346, Ramsey Road, Peel, Isle Of Man, IM5 2aq
The site is a 5.4-acre orchard field (Field 310346) on the eastern side of the A4 Ramsey Road near Peel, used by Apple Orphanage Company Limited for fruit growing to produce handcrafted drinks. The proposal widens the existing agricultural gate from its current position to 6.5m wide, sets it back 11m from the highway e…
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The officer assessed the proposal as essential engineering operations for agriculture under General Policy 3(f), given the site's orchard use for fruit growing linked to the established Apple Orphanag…
General Policy 3
Permits building/engineering operations essential for agriculture outside zoned areas. Officer found access/track upgrades essential for orchard/fruit growing operations serving Apple Orphanage business, relocating from constrained shared farm access.
Environment Policy 2
Protects character of AHLV unless no harm or location essential. Design using sod banks, stone walls, planted verges, cobbled concrete accepted as not harming landscape quality despite manmade appearance, acknowledging rural setting.
Environment Policy 4
Prohibits harm to local habitats/species without mitigation. Conditions address watercourse/fish (method statement, July-Sept timing) and low-suitability lizard habitat in sod banks (inside-out removal); DEFA confirmed mitigable.
Transport Policy 4
Requires highways to safely accommodate generated traffic. Proposals provide improved visibility, gradient, two-way HGV access, parking/turning; DOI Highways accepted as balanced improvement over existing.
Time limit
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.
Watercourse method statement
Prior to the undertaking of any works including clearance, a written method statement for the details and timing of works to be undertaken within the watercourse, shall be provided to and approved in writing by the Department. The works shall be carried out in full accordance with the approved details. Reason: to safeguard the watercourse and any fish within it.
Sod bank removal for lizards
The sod banks hereby approved for removal must be removed from the inside of the gateway and working outwards. If lizards are encountered during sod bank removal then all work must stop immediately and no further work can be undertaken (unless otherwise agreed in writing by the Department) until a lizard plan has been submitted to and approved in writing by the Department. The removal of the sod banks shall then be carried out in accordance with the approved measures. Reason: in the interest of protecting potential lizards and allowing suitable migration into neighbouring habitat further along the banks.
Highway works compliance
The access and highways works hereby approved including visibility splays, internal track works, parking and turning areas shall be carried out in full accordance with the approved drawings and be made available for access, parking and turning at all times and visibility splays shall be maintained free from obstruction above 1.05m thereafter. Reason: In the interest of highway safety.
No objection
Do Not Oppose Subject to Conditions. Acceptable in highway terms, overcomes deficiencies of existing access, improves safety and suitability on A4 primary route.
Do Not Oppose Subject to Conditions. 9m Watercourse form received; requires method statement for works near watercourse.
No objection subject to condition on sod bank removal method for lizards.
In support. Current Lynague access unsuitable for vehicles; proposed access safer and more suitable.
Highway Services, DEFA Biodiversity/Ecosystem Policy, German Parish Commissioners, and Inland Fisheries provided responses with no objections; Highways and DEFA Biodiversity recommended conditional approvals while others had no concerns.
Key concern: potential presence of Common Lizards requiring Precautionary Working Method Statement
Highway Services Division
Conditional No ObjectionThe proposal is acceptable in highway terms; Accordingly, Highway Services does not oppose this proposal subject to conditions; Recommendation: DNOC
Conditions requested: access, visibility splays, parking and turning to accord with the submitted drawings
DEFA Biodiversity
Conditional No ObjectionI think it would be appropriate in this case to work on the assumption that lizards are present; I am content for approval to be given with the following condition
Conditions requested: No development may commence (including further site clearance) until a Precautionary Working Method Statement (PWMS) and mitigation written by a suitably qualified ecological consultant in relation to Common/Viviparous Lizards has been undertaken and approved in writing by the Department and the recommendations of this report are fully adhered to
Ecosystem Policy Officer
recommend that an ecological assessment for common lizards is undertaken; There is potential for nesting birds in the vegetation to be removed
Conditions requested: an ecological assessment for common lizards is undertaken on the development area by a suitably qualified ecologist, and a report detailing the findings and suitable and proportionate mitigation measures, be submitted to the Planning Directorate for written approval prior to determination of this application. Mitigation measures identified should be secured via a planning condition
DEFA Biodiversity
Conditional No Objectionthere is still some potential that lizards may be present and therefore, if approved, I request the following condition
Conditions requested: Sod banks should be removed from the gateway out (inside out) so if any lizards are present they can escape in to neighbouring habitat. If lizards are encountered during sod bank removal then all work must stop immediately and advice sought from the Ecosystem Policy Team
Inland Fisheries
No CommentGerman Parish Commissioners
No ObjectionMy Commissioners have no objection to this application
