Decision Notice

Mr Conor Howard White Cottage Richmond Road Ramsey IM8 3PA

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 Conor Howard, Ref 25/90267/B, for the Creation of new vehicular access at Field 130622 Kella Road Sulby 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 new access first being brought into use the following must be completed.

• (a) From its junction with the public highway, the first 6m of the site access should be finished with a bound and consolidated material and shall include drainage a drainage channel to restrict surface water leaving the site and entering the public highway.
• (b) Gates must open inwards and be set back from the junction with the public highway a minimum of 5m.
• (c) The existing access shall be closed off with a post and wire fence.

The access details above shall be maintained and kept free of obstruction for the lifetime of the development.

Reason: In the interests of public highway safety to ensure safe use of the access without causing harm to other road users and to restrict debris leaving the field and entering the public road.

• 3. During the first planting season or within 6 months, whichever comes first after the new access is first brought into use, the existing access shown on P.3 Existing Site Plan shall be planted with at least one native species such as Hawthorn, Holly or Sycamore.

The tree planting will ensure closure of the existing access and add to the ecology of the site post loss of vegetation on the site of the new access.

Reason: By virtue of the bound surface and traffic over the roots, the new access will adversely impact the root protection area of the existing Sycamore Tree. The required planting will compensate the site for the loss of vegetation and potential damage and or loss of the Sycamore tree.

This decision relates to the following detail, plans and drawings received on the 12th of March 2025;

Location Plan no.P.13 Site Plan no.P.12 Proposed site plan no.P.4 Proposed gate detail plan no.P.5 Visibility splays plan no.P.2

NOTE In accordance with the Highways comments the applicant is made aware that allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.

NOTE Prior to further clearance and construction, the applicant should be aware and make any contractor aware of obligations under the Wildlife Act 1990 to protect existing habitat and the potential for nesting or hibernating mammals or vertebrates.

This decision has been made for the following reasons(s) The proposal would not adversely impact the visual character of the locality or require significant alterations on the highway therefore the proposal accords with Environment Policy 17 (c). in addition the proposal would not adversely affect wildlife and would improve traffic safety therefore the proposal accords with General Policy 2 (c) (d) and (i).

Date of Issue:

1st July 2025 J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner 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 informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/online-applications/)

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