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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 Manx Wildlife Trust 7-8 Market Place Peel IM5 1AB 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 Manx Wildlife Trust, Ref 24/00734/C, for the Creation of nature reserve via the planting of trees. at Creg Y Cowin Farm East Baldwin Isle Of Man IM4 5ER . 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. 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. Reason: To enhance the character and biodiversity of the area. 3. 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. Reason: In the interest of protecting the countryside and landscape quality.
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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. No permission is hereby granted for any planting of trees within the riparian areas adjacent to the river. Reason : to ensure no blocking of light to the river that may alter aquatic biodiversity. 5. 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 6. 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. Reason: To prevent any harm to the countryside. 7. 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. Reason; To ensure adequate protection of the Rivers water quality, associated bio-diversity and fish within the river. 8. No permission is hereby granted for any tree planting within the Glade area 16 located to the south of the site. Reason: To prevent any obstruction on site for drainage 9. 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. Reason: To protect the upstream water intake and its infrastructure. This decision relates to drawings and supporting information received on 26th June 2024, referenced;
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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 However, material weight is given to the Governments Island Plan and the Climate Change Act to demonstrate an overriding national need (GP3g) to make an exception contrary to the land use designation (agriculture). The application has demonstrated that the proposals (afforestation) with native species could be seen to be an appropriate form of development in this part of countryside given its topography and valley setting and long term management plan to ensure the success and longevity of the proposals. In this instance it is concluded that creation of a nature reserve does not harm the use and enjoyment of landscape (Ep1,2) and in time would offer a net increase in biodiversity value (EP4,Ep5) in accordance with some of the aforementioned planning policies from the Isle of Man Strategic Plan 2016. Date of Issue: 29th October 2024 J CHANCE 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 Planning Committee in accordance with the authority delegated to it. 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 £355); 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 £130). 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 (should one have been received) 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.
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