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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 Apple Orphanage Company Limited The Lynague Ramsey Road German IM5 2AQ 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 Apple Orphanage Company Limited, Ref 20/00661/B, for the Widening and alteration to vehicular access, widening of existing track way to provide parking and creation of a turning circle at Field 310346 Apple Orphanage Ramsey Road Peel Isle Of Man . 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 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. 3. 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.

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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 4. 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. This application relates to the following documents all date stamped and received 25/06/2020: o Supporting Statement o Location Plan o 3x Orchard Infrastructure Site Plan o 5 x Photographic Reference o Concrete cobblestones o 2 x Site Photographs o Proposed Orchard Access Orthographic Top View onto A4 o 2x Proposed Orchard Access Front Elevation o 3x Proposed Orchard Access Frontage & Access - Artist Impression o 3x Proposed Orchard Access Side Section Elevation (looking N.E.) o 3x Orchard Infrastructure Orthographic Top View o Proposed Orchard Access Orthographic Top View onto A4 - MMFM Implementation o Proposed Orchard Access Orthographic Top View onto A4 - Swept Path Outwards o Proposed Orchard Access Orthographic Top View onto A4 - Swept Path Inwards o Proposed Orchard Access Orthographic Top View onto A4 - Construction Details o Proposed Orchard Access Orthographic Top View onto A4 - Signage Visibility This application also relates to the following two documents date stamped and received 20/07/2020: o Proposed Orchard Access Orthographic Top View onto A4 - Visibility Splays o Proposed Orchard Access Orthographic Top View onto A4 - Visibility Splays Comparison NOTE The applicant is reminded of their obligation to seek a separate S109(A) Agreement with Department of Infrastructure in relation to the works onto the highway. NOTE The applicant is to be reminded of their obligations under the Wildlife Act 1990 to not cause harm to the Island's wildlife. In this case attention has been highlighted to the onsite potential for nesting birds. The bird nesting season is usually between late February and late August or late September in the case of swifts, swallows or house martins. Thorough checks for birds, their active nests and eggs should be undertaken prior to clearance of vegetation. If a nest is discovered while work is being undertaken, all work must stop and advice sought from DEFA (Ecosystem Policy Team). The Wildlife Act 1990 states: "All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to: o intentionally or recklessly kill, injure or take any wild bird o intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in use or being built o intentionally or recklessly take or destroy the egg of any wild bird o intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.

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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine up to 10,000 pounds." This decision has been made for the following reasons(s) Subject to those conditions relating to sod bank removal, the provision of a watercourse method statement and the construction of the access in full accordance with the drawings and visibility maintained free from obstruction, the application is considered acceptable and to comply with General Policy 3(f), Environment Policy 2, Environment Policy 4 and Transport Policy 4 of the Isle of Man Strategic Plan 2016. Date of Issue: 22nd September 2020 Director of Planning and Building Control

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Department of Environment Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 Guidance Note This decision was made by the Head of Development Management 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 led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas. Implementation The decision does not become final until either · Any appeal has been concluded; or · 21 days have passed since the date on this notice and no appeal has been submitted Development must progress in accordance with the plans approved under, and any conditions attached to this approval (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 must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain: · the grounds for making the appeal; · payment of the planning appeal fee (currently £285); and · if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £100). Where the appeal is submitted by the applicant they must: · specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and · Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined. Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated. An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.