Decision Notice

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 Ciaran Gray, Ref 25/90206/B, for the Erection of detached stable/agricultural store, creation of new vehicular access lane (retrospective) at The Rule Main Road Sulby Isle Of Man IM7 2HR .

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 use of the access track hereby approved shall not continue until measures to improve the surfacing and drainage have been implemented in accordance with details which have first been submitted to and approved in writing by the Department. Said details shall include a timescale for implementation. Once approved, the measures shall be carried out in accordance with the approved details. Reason: In the interest of visual amenity and character of the area.
• 2. The use of the access track hereby approved shall not continue until a Preliminary Ecological Appraisal (PEA) of fields 134181, 130377 and 130344 has been submitted to and approved in writing by the Department. The PEA report shall include a timeline for the implementation of any recommended additional surveys and mitigation measures. Once approved, any surveys and mitigation measures set out in the report shall be completed in accordance with the approved details. Reason: In the interest of biodiversity in the area.
• 3. The use of the track hereby permitted shall not continue until an updated Habitat Management Plan has been submitted to and approved in writing by the Department.

The Habitat Management Plan shall incorporate details of compensatory planting, a surveying plan of fields 134181, 130377 and 130344, a regime for summer monitoring to be undertaken by a suitably qualified Ecologist and a timetable for implementation.

Once approved, the measures within the approved Habitat Management Plan shall be adhered to in perpetuity, from the date of approval.

Reason: To ensure the development delivers suitable compensation for affected biodiversity features and to maintain a favourable conservation status.

• 4. Should the applicant/owner fail to submit the information required by Conditions 1, 2 or 3 within 12 months of the date of this approval, the use of the track shall permanently cease and the land shall be returned to its former condition, in accordance with a scheme of restoration, the details of which shall first be submitted to and approved in writing by the Department within 12 months of the date of this approval. The scheme of restoration shall include a timescale for its implementation.

Reason: In the interests of landscape character should the impact not be mitigated through the submission of further details.

• 5. The use of the track hereby permitted shall not continue until the visibility splays indicated approved drawing 2024-190-007 have been fully provided. The visibility splays shall be retained as such thereafter. Reason: In the interest of highway safety.
• 6. The use of the building hereby approved shall be for agricultural/equestrian use for the benefit of the landowner only and for no other purpose without the prior grant of planning permission.

Reason: In view of the location of the site in the open countryside and because the Department does not consider the site suitable for anything other than private use.

• 7. In the event that the building hereby approved should not be actively used for agricultural/equestrian purposes for a continuous period exceeding 12 months, the building shall be removed from the site and the land restored to its former condition, in accordance with a scheme of restoration that shall first have been submitted to and approved in writing by the Department, within 18 months of its last use.

Reason: In the interests of landscape character and preventing the proliferation of buildings in the countryside where the use is no longer required.

This decision relates to the following plans and drawings, date stamped 25th February and 30th May 2025:

Location Plan - 2024-190-001 Rev 1 Site Plan - 2024-190-002 Rev 1 Previous Plan - 2024-190-003 As-Built Access Lane - 2024-190-004 A1 Location of As- Built Stables - 2024-190-005 Details of As Built Stables - 2024-190-006 Proposed Works at Entrance - 2024-190-007 Management Plan

This decision has been made for the following reasons(s) The application seeks the retention of the access track and stable building together with further works. Whilst there will be acknowledged harm to landscape character and biodiversity, these impacts will have a low level impact and can be mitigated through the imposition of conditions

that will satisfy the relevant policy tests. The development will result in significant benefits to highway safety, the benefit of which carries significant weight. On balance, it is considered that the benefits of the proposed development outweigh the identified harm and the proposal is therefore considered to comply with General Policy 2 and Environment Policies 1, 4, 5, 14, 15, 19 and 21 of the Strategic Plan.

Date of Issue: 21st November 2025

A MORGAN Interim 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 —

•  if an appeal is submitted until the appeal is determined or withdrawn; or
•  if no appeal is submitted, but there are potential appellants in addition to the applicant, until the time within which an appeal may be submitted has expired (21 days from the date of this notice).

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