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Mr Chris Penketh 23 West Quay Ramsey Isle Of Man IM8 1DL
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 Mr Kieren Mildwaters, Ref 24/91373/B, for the Erection of polytunnel, glasshouse and barn/stables at Part Fields 312149 & 312151 Ballachrink Farm Brack A Broom Lane Poortown Peel Isle Of Man IM5 2AP .
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).
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.
Reason: For the avoidance of doubt and to ensure the development takes place in accordance with the approved details.
Reason: The building has been exceptionally approved solely to meet agricultural/horticultural/equestrian need, and its subsequent retention would result in an unwarranted intrusion in the countryside.
Reason: In view of the location of the site in the countryside and the nature of the adjoining road, the Department does not consider the site suitable for anything other than private use.
Reason: To provide adequate safeguards for ecological species existing on the site or in the immediate vicinity.
The lighting details shall include detailed drawings of the proposed lighting columns and fittings, information about the levels of luminance and daily duration and any measures for mitigating the effects of light pollution.
The development shall not be carried out other than in accordance with the approved scheme. Reason: To ensure artificial lighting within and around the glasshouse does not negatively impact wildlife, safeguarding biodiversity.
Any retained tree which within five years of the approved development being occupied or completed (whichever is the later) dies, are removed or become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department.
Reason: to ensure that replacement tree planting takes place to mitigate the tree removal required to facilitate the development.
Within the Construction Exclusion Zones identified on Drawing No. 5112-WTC-TPP-V1, nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit.
Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality.
Reason: in the interest of preventing bird strike minded of the large size and rural location of the glasshouse.
This decision relates to the following documents and plans: Drawings:
This decision has been made for the following reasons(s) The proposed development is considered acceptable as it aligns with Business Policy 1 of the Isle of Man Strategic Plan, supporting rural economic diversification through sustainable agricultural and horticultural practices. The siting, scale, and design of the structures adhere to Environment Policy 1 and General Policy 2, ensuring that they do not detract from the character or visual integrity of the countryside. The careful integration of features such as natural screening, tree protection measures, and drainage management minimizes potential ecological impacts, maintaining compliance with Environment Policies 1 and 4, which emphasize the importance of preserving countryside habitats and biodiversity. Furthermore, the proposal meets the requirements of Environment Policy 15 and Environment Policy 17 by demonstrating agricultural and horticultural need and ensuring the structures harmonize with the rural landscape. The development represents a balanced approach that promotes resource
efficiency, aligns with strategic goals, and preserves the intrinsic environmental qualities of the area. Date of Issue: 22nd May 2025 J CHANCE Director of Planning and Building Control
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 informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/onlineapplications/)
Implementation A determination to grant planning approval does not have effect —
Development must be carried out in accordance with the approved plans and any attached conditions (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 can only be made by a person who has been accorded rights to do so, must be in writing, include the appropriate fee and be submitted to the Department within 21 days of the date of this Notice.
Guidance on how to appeal is available at gov.im/howtoappeal
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