**Document:** DEC Decision Notice
**Application:** 23/10013/AIR — Information in relation to Condition 9 of 22/00399/B - Construction Environmental Management Plan
**Decision:** Refused
**Decision Date:** 2023-11-15
**Parish:** Malew
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/27222-malew-ballacroak-farm/documents/1036827

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# DEC Decision Notice

BYA Limited 31 North Quay Douglas IM1 4LB

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 REFUSE an application by BYA Limited, Ref 23/10013/AIR, for the Information in relation to Condition 9 of 22/00399/B Construction Environmental Management Plan at Ballacroak Farm Mullinaragher Road St Marks Ballasalla Isle Of Man IM9 3AQ.

Any reasons or notes which apply to this decision are set out below.

It is not considered that the documents, Emails, and plans received 1 March 2023, fully satisfies the requirements of Condition 9, given that none of the submitted documents provide details of times during construction when specialist ecologist need to be present on site to oversee works; the role and responsibilities on site of an ecological clerk of works; and use of protective fences, exclusion barriers and warning signs; elements which are required to satisfy part of Condition 9.

Date of Issue: 15th November 2023

## J Chance

Director of Planning and Building Control

Guidance Note

This decision was made by the Head of Development Management in accordance with the authority delegated to them.

All correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas, www.gov.im/Viewapplications.

This decision refers only to that applied for under The Town and Country Planning (Development Procedure) Order 2019.

There is no appeal against this decision.

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/27222-malew-ballacroak-farm/documents/1036827*