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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 McGarrigle Architects Ltd 19 Mount Havelock Douglas Isle Of Man IM1 2QG 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 subordinate Orders and Regulations, the Department of Environment, Food and Agriculture determined to REFUSE an application by Ballacutchel Farms Ltd, Ref 20/01297/B, for the Creation of access tracks across agricultural fields at Fields 314218, 314225, 314220, And 314219 Staarvey Road Peel Isle Of Man for the following reason(s): 1. There is insufficient agricultural justification for the siting of the access track and culvert to outweigh the presumption against development here or enough to exempt the development as having sufficient agricultural need to pass as being essential for the conduct of agriculture. As such, the proposed development would fail to comply with General Policy 3 (f) and Environment Policy 15 of the Isle of Man Strategic Plan 2016. 2. Given that the need for the proposed track and associated works have not been adequately proven, and there is no over-riding national need in land use planning terms for the proposed development which outweighs the requirement to protect these areas from inappropriate development, it is concluded that the proposal represents unwarranted development on land not zoned for development and would be contrary to Environment Policy 1 of the Isle of Man Strategic Plan. 3. The formation of the track, which is proposed to be about 521m in length, 4-5m wide and between 33 - 450mm deep, and which would be finished in imported hardcore materials, from the existing entrance would result in an incongruous feature in the countryside within an Area of High Landscape or Coastal Value and Scenic Significance, and would detract from the vegetated and open character of the landscape. Accordingly, given the development harms the character and quality of the landscape and is not essential, the creation of the track is contrary to General Policy 3 and Environmental Policy 1 and 2 of the Isle of Man Strategic Plan. 4. The proposed development would result in adverse impacts on marshy grassland, a very rare habitat on the Isle of Man, which covers just 1.94% of the islands land area as indicated in the Isle of Man Ecological Habitat Survey 1991 to 1994, and which form part of an extensive area of marshy grassland habitat totalling 53.21 acres, recognised for its ecological importance. The proposal would also impact on Common Spotted and Heath Spotted Orchids, which are Wildlife Act Schedule 7 protected plants that have been recorded from field 314220 (and the wider marshy grassland area). Common Lizards, which are Wildlife Act Schedule 5 species, which have been recorded from the surrounding banks

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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 and are likely to occur in Field 314220 would likely be impacted by the development as part of their habitat would be cleared to enable the proposed scheme. Therefore, the development is considered to be contrary to Environment Policy 4 and Strategic Policy 4 of the Strategic Plan, and the Wildlife Act 1990. 5. Insufficient information has been provided to support that the proposed development would not have detrimental impacts on the flooding of the area as no flood risk assessment has been provided, and the approach to culverting of the watercourse is contrary to the principles set out in the industry culvert, screen and outfall manual CIRIA C786. As such, the development is considered to be contrary to Environment Policy 10 and 13 of the Isle of Man Strategic Plan 2016, and Section 68 of the Flood Risk Management Act (2013). 6. The proposed field access would preclude the existing agricultural use of the fields as it reduces, by a substantial level, the amount of land available for agricultural use by the livestock for grazing given that it would use up an area of the fields measuring about 2605sqm (about 0.64 acres). Date of Issue: 19th May 2022 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 Head of Development Management 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 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. 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 £305); 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 £115). 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 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.