29 October 2024 · Planning Committee
Creg Y Cowin Farm, Lane From Ballachrink Road To Dhoon Cottage, East Baldwin, Isle Of Man, IM4 5er
The proposal involves creating a native woodland nature reserve on approximately 105 acres of upland agricultural fields historically used for sheep grazing, with 30,000 native trees and shrubs planted across 75 acres by 2029, including glades, thickets, and woodland corridors to form a mosaic of habitats.
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The officer noted the application is 'finely balanced' as it involves loss of agricultural land (EP14) and is contrary to GP3(f) due to no essential agricultural need and the unpublished Land Manageme…
General Policy 3
Requires exceptions only for essential agriculture/forestry (f) or overriding national need (g). Proposal fails (f) as afforestation not ancillary to farming and no essential need; succeeds under (g) due to climate change/carbon sequestration priorities overriding agricultural protection.
Environment Policy 1
Protects countryside from adverse effects unless overriding national need. Tree planting utilises natural topography/valley setting, echoes existing woodlands, neutral long-term visual impact.
Environment Policy 2
Site in High Landscape Value/Scenic Significance (B6 Narrow Upland Glens). Proposals preserve rural character, no material harm.
Environment Policy 14
Restricts loss of agricultural land. Class 3 upland soils, loss not significant per DEFA Agriculture; balanced against national needs.
Environment Policy 4
Requires no adverse biodiversity effects. Net gain via woodland creation, glades, mitigation; supported by DEFA Biodiversity.
Environment Policy 5 - Mitigation against damage to or loss of habitats
Supports biodiversity enhancement; achieved through native planting and habitat mosaic.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Planting replacement
All proposed planting shall be carried out in accordance with the approved details in the available planting and seeding seasons. Any tree or shrub which within a period of 5 years from the completion of the landscaping works, is removed, or becomes seriously damaged or diseased shall be replaced in the next planting season with another similar size and species, unless the Planning Authority gives written consent to any variation.
Wild camping details
Prior to any wild camping taking place on site as defined by the red line on plan referenced "Location Plan and labelled Boundary Map from Isle of Man Land Registry", detailed information shall be submitted in writing to the Department for approval which shows a map of the areas to be used, the dates of camping on site, approximate numbers of attendees camping and mitigation measures to prevent any adverse damage to the area.
No riparian planting
No permission is hereby granted for any planting of trees within the riparian areas adjacent to the river.
No fences/walls/gates
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no development shall be undertaken under the following classes of Schedule 1 of the Order at any time: Class 39 - Fences, walls and gates.
No fill or tracks
No permission is hereby granted for the importation of any fill material for the creation of any hardstanding areas or the creation of any vehicle tracks across the site.
Sediment protection
Prior to the commencement of works on site, a 'development within 9 meters of a watercourse form' detailing appropriate sediment protection measures should be submitted to the Department and approved in writing. All works in the vicinity of the river shall be carried out in accordance with the approved details.
No planting Glade 16
No permission is hereby granted for any tree planting within the Glade area 16 located to the south of the site.
No planting near water infrastructure
No permission is here by granted for development or planting within the immediate vicinity of the raw water pipe, weir and the intake, unless agreed in writing by the Department.
No significant negative impact upon highway safety, network functionality and/or parking
No objection
No objection but trees not to cover riparian areas
No objection, requests sediment protection measures if needed
In support; suitable mitigation incorporated, will result in biodiversity net gain
In support; contributes to carbon sequestration commitments
Confident in applicant's management; no negative impact on deep peat
Multiple consultees responded to the application for creating a nature reserve via tree planting at Creg Y Cowin Farm, with Manx National Farmers’ Union objecting strongly due to loss of agricultural land, while most others had no objections or conditional support focused on specific protections.
Key concern: permanent loss of agricultural land setting precedent for carbon credit forestry conversions
Manx National Farmers’ Union
ObjectionThe MNFU wish to raise objections to, and concerns regarding, the above application; this application is premature, and its approval will set a precedent that will be difficult to manage or control; Environment Policy 14: Development which would result in the permanent loss of important and versatile agricultural land (Classes 1-2) will not be permitted
DEFA Agriculture and Food Directorate
No CommentThe proposal will result in a loss of agricultural land although the reduced volume of agricultural produce from this site will not be significant; There is currently no carbon credit scheme that is Government supported/approved on the Island
Manx Utilities Authority
Conditional No Objectionin principle MUA do not have any objections; MWT must retain a tree-free wayleave corridor over the existing raw water pipe
Conditions requested: retain a tree-free wayleave corridor over the existing raw water pipe as well as the access to the weir and the intake, wide enough for any future pipe replacement; MUA must be consulted by MWT regarding any planting in that area; reserve the right to maintain the access and the pipe wayleave corridor tree and vegetation free through regular ground maintenance activities such as grass cutting/strimming
DEFA Ecosystem Policy Team
Supporta suitable level of assessment has been undertaken; adequate avoidance, mitigation and compensation measures are incorporated into the site’s design; this application should result in biodiversity net gain
Highway Services HDC
No ObjectionHighway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking, as the site is in a remote location and unlikely to attract vehicular traffic and visitors
DEFA Environmental Protection Officer
Conditional No Objectionsediment protection measures may be required to reduce run off from the land; if grazing occurrs in these areas measures to reduce poaching of the land from animals accessing the streams may be required
Conditions requested: applicants contact DEFA EPU and Fisheries to discuss how the work is undertaken so an assessment can be made into whether additional water protection measures are necessary
DEFA Inland Fisheries
Conditional No Objectiontrees do not cover riparian areas, shading out all light reaching the watercourse as this may alter aquatic biodiversity
Conditions requested: trees within riparian areas grown at intermittent groves enabling areas of shrubs and/or wetland habitat to allow more sunlight to enter the water
DEFA Uplands Manager
No ObjectionI am confident in the applicant's ability to identify and appropriately manage the varying habitats across the wider site; their intended woodland scheme will not negatively impact any areas of deep peat
