Desginations of Grenaby Garey Area
| Authority | Department of Environment, Food and Agriculture |
|---|---|
| Date received | 2020-12-24 |
| Outcome | All information sent |
| Outcome date | 2021-02-16 |
| Case ID | 1615141 |
Summary
The request sought documents and meeting records regarding the three designations of the Grenaby Garey Area as an Area of Special Scientific Interest (ASSI) between 2018 and 2020. The Department of Environment, Food and Agriculture disclosed all requested information, including 227 pages across 5 documents containing landowner objections and internal meeting notes.
Key Facts
- The Grenaby Garey Area was designated, re-designated, and re-designated again as an ASSI in November 2018, February 2020, and August 2020.
- Landowners expressed strong objections to the designation, fearing a 50% drop in land value and loss of management control.
- The Department clarified during meetings that the land was not yet officially designated and was in a pre-designation consultation phase.
- Concerns were raised regarding the lack of an arbitration process or land court for disputes over ASSI designations.
- The final response included 227 pages of documents and 5 separate files covering the decision-making process.
Data Disclosed
- November 2018
- February 2020
- August 2020
- 2020-12-24
- 2021-02-16
- 227 pages
- 5 documents
- 50% land value drop
- 40 years old hedge
- 10 or 25 years sunset clause
- 69 Tenancies act
- 17 August 2018
- 13 May 2019
Original Request
With reference to the designation of the Grenaby Garey Area as an Area of Special Scientific Interest in: 1. November 2018; 2. February 2020; and 3. August 2020. Please could the Department Provide: 1. The documents and other materials relied upon or considered by the Department when making its decisions to Designate, Re-designate, and Re-designate for the second time, the Grenaby Garey Area as an Area of Special Scientific Interest. 2. The records (irrespective of form) of the Departmental meetings and discussions held to consider each of the three Designations, including the records of the Department's final decisions to make those Designations and records of its reasoning for reaching those decisions.
Data Tables (37)
| @manx.net |
|---|
| 17 August 2018 22:34 |
| (DEFA) |
| Fw: Proposed Grenaby ASSI Site |
| @manx.net |
|---|
| 13 May 2019 14:53 |
| DEFA, ecopolicy |
| Boot, Geoffrey (MHK); gensec@manx-nfu.org; Chief Minister; Cregeen, Graham; Moorhouse, Jason (MHK) |
| Grenaby Garey ASSI |
| Follow up |
|---|
| Flagged |
| 17 July 2019 18:10 |
| Grenaby Garey briefing for Minister |
| Brief for Minister Grenaby Gareys ASSI.docx; Grenaby Gareys Notification 14.11.18.pdf |
| Standard reference number | Type of operation |
|---|---|
| 1 | Cultivation, including ploughing, rotovating, harrowing and re-seeding. |
| 2 | Grazing, the introduction of grazing and alterations to the grazing regime (including type of stock, intensity or seasonal pattern of grazing). |
| 3 | Stock feeding, the introduction of stock feeding and alterations to stock feeding practice. |
| 4 | Mowing or cutting of vegetation (where already damaging), the introduction of mowing and alterations to the mowing or cutting regime (such as from haymaking to silage). |
| 5 | Application of manure, slurry, silage liquor, fertilisers and lime. |
| 6 | Application of pesticides, including herbicides (weed killers) whether terrestrial or aquatic, and veterinary products. |
| 7 | Dumping, spreading or discharge of any materials. |
| 8 | Burning and alterations to the pattern or frequency of burning. |
| 9 | Release into the site of any wild, feral, captive-bred or domestic animal, plant, seed or micro-organism (including genetically modified organisms). |
| 10 | Killing, injuring, taking or removal of any wild animal (including dead animals or parts thereof), or their eggs and nests, including pest control and disturbing them in their places of shelter. |
| 11 | Destruction, displacement, removal or cutting of any plant or plant remains, including tree, shrub, herb, hedge, dead or decaying wood, moss, lichen, fungus, leaf-mould and turf. |
| 12 | Tree and/or woodland management (where already damaging), the introduction of tree and/or woodland management (where applicable) and alterations to tree and/or woodland management (including planting, felling, pruning and tree surgery, thinning coppicing, changes in species composition, removal of fallen timber). |
|---|---|
| 13 a) | Draining (including moor- gripping, the use of mole, tile, tunnel or other artificial drains). |
| 13 b) | Modification to the structure of water courses (e.g. ditches, drains and streams), including their bans and beds, as by re-alignment, re-grading, damming or dredging. |
| 13 c) | Management of aquatic and bank vegetation for drainage purposes. |
| 14 | Alterations to water levels and tables and water utilisation (including irrigation, storage, abstraction from existing water bodies and through boreholes). Also the modification of current drainage practices. |
| 15 | Infilling or digging of ditches, dykes, drains, ponds, pools, marshes or pits. |
| 17 | Reclamation of land from sea, estuary or marsh. |
| 20 | Extraction of minerals including peat, shingle, hard rock, sand, gravel, topsoil, subsoil, lime, limestone pavement, shells and spoil. |
| 21 | Destruction, construction, removal, rerouting, or regrading of roads, tracks, walls, fences, hardstands, banks, ditches or other earthworks, including soil and soft rock exposures or the laying, maintenance or removal of pipelines and cables, above or below ground. |
| 22 | Storage of materials. |
| 23 | Erection of permanent or temporary structures or the undertaking of engineering works, including drilling. |
| 24 a) | Modification of natural or man-made features (including cave entrances) and clearance of boulders, large stones, loose rock or scree. |
| 24 b) | Battering, buttressing or grading of geological exposures and cuttings (rock and soil) and infilling of pits and quarries. |
| 25 | Removal of geological specimens, including rock samples, minerals and fossils. |
| 26 | Use of vehicles or craft. |
| 27 | Recreational or other activities. |
| 28 a) | Game and waterfowl management and hunting practices (where already damaging), introduction of game or waterfowl management (where applicable) and alterations to game and waterfowl management and hunting practice. |
| 28 b) | Use of lead shot. |
| .com> | |
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| 15 June 2020 15:49 | |
| @iom.com | |
| Grenaby ASSI |
| .com> |
|---|
| 28 June 2020 13:52 |
| New South Wales |
| x.net> on behalf of .net |
|---|
| 13 June 2020 14:03 |
| Meeting at 10 June 2020 - Grenaby Garey -ASSI |
| (DEFA) | |
|---|---|
| 25 July 2018 17:15 | |
| Grenaby Gareys |
| 07 August 2019 16:03 | |
| .com; @manx.net | |
| Grenaby Garey ASSI | |
| 2018 aerial.jpg; Habitats Map.jpg; MA map.pdf |
| Field | Title of management prescription | Area (acres) | Area (hectares) | Payment rate (£/hectare) | Payment |
|---|---|---|---|---|---|
| A | Species-rich wet grassland with orchids | 7.64 | £135 | ||
| B | Species-rich wet grassland with orchids | 3.15 | £135 | ||
| C | Species-rich wet grassland with orchids | 5.70 | £135 | ||
| D | Species-rich wet grassland with orchids | 2.65 | £135 | ||
| E | Species-rich wet grassland with orchids | 1.82 | £135 | ||
| F | Species-rich wet grassland with orchids | 1.56 | £135 | ||
| G | Species-rich wet grassland with orchids | 1.28 | £135 | ||
| H | Species-rich wet grassland with orchids | 1.77 | £135 | ||
| I | Species-rich wet grassland with orchids | 1.51 | £135 | ||
| J | Species-rich wet grassland with orchids | 1.2 | £135 | ||
| K | Species-rich wet grassland with orchids | 1.45 | £135 | ||
| L | Species-rich wet grassland with orchids | 1.2 | £135 | ||
| M | Species-rich wet grassland with orchids | 1.29 | £135 | ||
| N | Scrub enhancement – introducing light | 3.23 | £110 |
| O | Scrub enhancement – introducing light grazing | 3.2 | £110 | ||
|---|---|---|---|---|---|
| P | Scrub enhancement – introducing light grazing | 2.19 | £110 | ||
| Q | Scrub enhancement – introducing light grazing | 2.33 | £110 | ||
| All fields | ASSI supplement | 43.17 | £65 | ||
| Total annual payment |
| @googlemail.com> | ||
|---|---|---|
| 30 July 2018 08:13 | ||
| (DEFA) | ||
| ASSI |
| Follow up |
|---|
| Completed |
| @googlemail.com> | ||
|---|---|---|
| 16 August 2019 13:31 | ||
| Re: | Malew |
| @googlemail.com> |
|---|
| 10 May 2020 19:18 |
| DEFA, ecopolicy |
| Issues regarding the compulsory proposed re classification of my land against my will |
| @googlemail.com> |
|---|
| 03 July 2020 11:34 |
| DEFA, .com |
| Dubious Ethical and social actions of DEFA |
| Site name: |
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| Parish: |
| Grid reference: |
| Area: |
| Altitude: |
| Aspect: |
| Feature (e.g. mesotrophic grassland) | Type (e.g. MG5 or similar community) | Minimum requirements for selection | Extent of habitat feature on site | Qualifies ? (or ) |
|---|---|---|---|---|
| Fen Meadows (forming part of a mosaic of habitats referred to as Manx Garey and considered equivalent to the UK Rhos pasture habitat) | Purple moor-grass Molinia caerulea and sharp- flowered rush Juncus acutiflorus pasture. M25a M25b | All good examples of fen meadows over 1 ha in extent will qualify for selection. | 31.09ha of grassland mapped as marshy grassland in Phase 1 Habitat Survey. | |
| Heath | Wet dwarf shrub heath/and mire M2 M15 M21 | All areas of wet lowland heathland over 0.5ha in extent which fulfil at least one Priority Site criterion listed in Part 3 should be considered for designation. Smaller areas of wet lowland heathland which occur in conjunction with other semi- natural habitats totalling 1ha or more should be considered for selection where the site as a whole satisfies at least one of the Priority Site Criteria. Sites which consist of a range of related wetland habitats should here be considered a top priority. | 5.08ha of wet dwarf scrub heath mapped in Phase 1 Habitat Survey. Wet dwarf shrub heath occurs in a mosaic within this site. Cross-leaved heath Erica tetralix occurs intermittently across the site. Northern Atlantic wet heaths with Erica tetralix is an Annex 1 habitat under the Habitats Directive. | |
| Dry dwarf shrub heath | Any smaller areas of dry lowland heath should be considered for selection where they form part of a mosaic of semi- natural habitats of 2ha or more in extent, and the site as a whole satisfies at least one of the Priority Sites Criteria. | 0.83ha of dry dwarf shrub heath mapped in Phase 1 Habitat Survey. Dry dwarf shrub heath occurs within a mosaic on this site. Manx gorse heath occurs in larger patches. Dry dwarf shrub heath is an Annex 1 habitat under the Habitats Directive. | | |
|---|---|---|---|---|
| Neutral grassland – species-rich | MG5 Crested dog’s-tail Cynosurus cristatus and knapweed Centaurea nigra grassland | All examples of MG5 grassland or similar communities greater that 1ha will qualify for selection, with greatest priority given to sites in regular hay meadow management. | 3.39ha of species-rich neutral grassland recorded in the Phase 1 and 2 Habitat Survey. The fields at the south of Kerrowmoar where the majority of the habitat occurs support large numbers of heath spotted orchids. They are managed by grazing as access to take a hay cut is not possible. | |
| Feature (e.g. wintering birds) | Species (e.g. Circus cyaneus hen harrier) | Minimum requirements for selection | Abundance and status on site | Score | Qualifies? (or ) |
|---|---|---|---|---|---|
| Flowering plants | Heath spotted orchids Dactylorhiza maculata (Wildlife Act Schedule 7 protected species) | A score of 10 or more is required. | Frequent | 1 | Threshold of 10 points not reached. |
| Birds - breeding | Total of 31 species of breeding birds recorded since 2000 by the Manx Bird Atlas (Manx BirdLife): Curlew (UK Amber list & IOM listed) Reed bunting (UK Amber list & IOM listed) Common grasshopper warbler | For damp grasslands to meet the criteria for breeding birds there is a threshold score of 11 to meet. | Status – Breeding Definite Breeding Definite Breeding Probable | 6 2 1 2 | Threshold score of 11 not met. |
| (UK Red listed & IOM listed) Sedge warbler | Breeding Definite Breeding | 1 | |||
|---|---|---|---|---|---|
| Mammals | Brown hare Lepus europaeus | A threshold score of 10 is required with: | Frequent | Nil | Threshold score of 10 not met. |
| () | Criterion | Priority Site | Grenaby Gareys |
|---|---|---|---|
| | size | the site is an exceptionally large area of an important natural or semi-natural habitat (e.g. the largest on the Island or the largest within a distinct region of the Island); | The site is the largest area of Manx garey (marshy grassland/fen meadow) in the south of the Island. |
| | location | the scientific interest of the site is dependent on a rare or unique combination of site- related factors such as geology, aspect, soil type, microclimate, hydrology or altitude. Consequently if the site was damaged or destroyed, the habitat and species communities present would be irreplaceable; | The poorly draining acid glacial till soil on the gently sloping lower flanks of South Barrule make this the most concentrated area for this habitat. |
| | diversity | the site contains a high proportion of species typical of the habitat as it is found on the Island in its most favourable condition; the site contains a range of semi-natural habitats in close proximity; a range of successional stages of habitat development are present on the site; the habitats present exhibit a wide range of natural structural diversity. | The majority of the specialised flora of this habitat is recorded on this site including whorled caraway, heath spotted orchid, ragged robin, marsh arrowgrass, marsh speedwell, devil’s bit scabious and a diverse Sphagnum community. The site is a large habitat mosaic, often with many habitats occurring within metres of each other. A range of examples of habitat succession i.e. from marshy grassland to willow scrub and from willow scrub to high forest are frequent on the site. The intimate mosaic nature of the site lends itself to structural diversity including an unusually high proportion of ecologically valuable edge habitat. |
| | rarity, fragility and vulnerability | the habitats and/or species present are internationally rare or vulnerable to loss, damage or exploitation; the habitats and/or species present are rare and/or fragile or otherwise vulnerable to loss, damage or exploitation, on the Isle of Man. | The value of the habitat in The British Isles context is now recognised (as Purple Moor Grass and Rush Pasture; or Rhos Pasture in Wales and Culm Grassland in SW England) in the Biodiversity Action Plan process. This recognises that the habitat has been subject to extensive and continuing loss across the UK. The habitat remains one of the few types where agricultural intensification is |
| technically easy at a modest cost, which explains the ongoing loss in Britain and the Isle of Man. In the Isle of Man it is the Phase 2 habitat type that has diminished the most (by proportion and actual area) within the past 20 years. Losses have continued and pressure to further agriculturally develop the habitat, including Phase 2 examples, are ongoing. The wet and dry heath is vulnerable to loss through succession by willow and European gorse scrub; correct management is needed to preserve these habitats. | |||
|---|---|---|---|
| | naturalness and representativeness | the site contains all the typical species and assemblages – including stages of succession, subtypes and variations – for which a habitat type is considered scientifically important on the Island; the site is an excellent representative of a habitat or species population that forms a distinctive element of Manx biodiversity; the site is the only example of a particular habitat sub-type or variation that cannot be protected elsewhere; the site represents an excellent example of a mosaic of associated habitats typical of the Manx situation, e.g. coastal, upland; compared with other examples on the Island, the habitat present is notable for its lack of human disturbance, introduced plant or animal species, mechanical damage, litter, agricultural spray drift or other factors which could adversely affect the vegetation structure and/or species composition community. | ‘Garey’ has survived in common agricultural use into the 21st century, and its position as a distinctive traditional ‘Manx’ habitat is well recognised locally. This site is the best extensive example of the habitat. The site is not affected by the two most threatening wetland non-native invasive species; Japanese knotweed, and New Zealand pigmy weed. Himalayan balsam is restricted to one small area of the site affecting less than 1% of the site. The heavy soils mean that neighbouring field drainage efforts should not impinge on the site. Only one footpath crosses the land, thus public disturbance is minimal. |
| | Ecological position | the site forms part of an important, larger ecological unit which would be reduced in value as a whole if the site was damaged or destroyed; the site forms a vital part of a sequence of habitats all of which are required in order to conserve a key population of an important species (e.g. semi-aquatic invertebrates). | The site is the largest remaining garey site around the Grenaby area. The other garey habitats within one kilometre of the boundary have now decreased in condition to an extent that they no longer fit the site criteria for selection or have been completely destroyed for agricultural improvement, showing the fragile nature of these sites and the need for correct protection and management. The site forms the part of the upper catchment of the Silverburn River, which has an almost unbroken chain of semi- natural habitats for most of its length. |
| | history | the nature conservation interest of the site is dependent on a rare or unique combination of historical factors such as long-term land use and management patterns; the habitats and species present have | The most species rich elements of the site clearly show a very long history of grazing management of unimproved pasture. |
| become established over a very long period of time and consequently represent a finite resource on the Island, as they could not be replaced or substituted in the short or medium term. | |||
|---|---|---|---|
| | research value | the site provides the best or only example of a situation where a threatened or declining habitat or species of high nature conservation interest for which there is a research need may effectively be studied; | This upland fringe, wetland habitat mosaic has not been well studied on the Isle of Man and unlike its lowland wetland counterparts or other Manx habitats no ‘iconic’ examples exist (such as Ballaugh Curragh, Dhoon Glen or the Ayres) that have been regular stops for visiting ecologists. This means that significant research is still needed to put the Manx ‘garey’ habitat in a regional context. Maintaining this site in good condition will enable future research of the habitat. |
| Feature (e.g. breeding bird) | Type (e.g. Asio flammeus short-eared owl) | Status (e.g. Schedule 1 of the Wildlife Act 1990) |
|---|---|---|
| BREEDING BIRD Definite Breeding Definite Breeding Definite Breeding Probable Breeding Definite Breeding Definite Breeding Probable Breeding Definite Breeding Definite Breeding Definite Breeding Probable Breeding Probable Breeding Definite Breeding Definite Breeding Definite Breeding Probable Breeding Definitely Breeding Probable Breeding Probable Breeding Definite Breeding Definite Breeding Definite Breeding Probable Breeding Definite Breeding Probable Breeding | Linnet - Linaria cannabina Whitethroat - Sylvia communis Robin - Erithacus rubecula Dunnock - Prunella modularis Wren - Troglodytes troglodytes Magpie - Pica pica Chaffinch - Fringilla coelebs Blackbird - Turdus merula Starling - Sturnus vulgaris Sparrowhawk - Accipiter nisus Goldcrest - Regulus regulus Mallard - Anas platyrhynchos Meadow pipit - Anthus pratensis Song thrush - Turdus philomelos Willow warbler - Phylloscopus trochilus Chiffchaff - Phylloscopus collybita Long Tailed Tit - Aegithalos caudatus Blackcap - Sylvia atricapilla Blue tit - Cyanistes caeruleus Raven - Corvus corax Jackdaw - Corvus monedula Goldfinch - Carduelis carduelis Great tit - Parus major Rook - Corvus frugilegus Wood pigeon - Columba palumbus | UK Red list UK Amber List UK Amber List Schedule 1, UK Red List Schedule 1 UK Amber List UK Amber List Schedule 1, UK Red List UK Amber List |
| WINTERING/NON BREEDING BIRD |
| Possible Breeding | Hen harrier - Circus cyaneus | Schedule 1 |
|---|---|---|
| OTHER HABITATS | Water Bodies, Ponds | 0.11 ha |
| Curragh /Willow scrub | 14.52 of dense continuous scrub (most considered to be willow) mapped in Phase 1 Habitat Survey. In addition 4.78ha of scattered scrub was recorded. The willow scrub occurs in patches of varying extent throughout the site and is particularly prevalent on the wettest areas. The ground flora is generally species-rich including heath spotted orchids and marsh speedwell. | |
| Mixed Broadleaved & Coniferous Woodland | 1.81ha | |
| Poor Semi-improved Grassland | 11.05ha in a mosaic with the fen meadows and scrub land across the site. The grassland is improving in diversity across much of the site and is generally more species rich. | |
| OTHER SPECIES |
| WILDLIFE COMMITTEE APPROVAL : | (please give date and details of approval, e.g. at Committee meeting, by email etc.) |
|---|---|
| DEFA APPROVAL: DATE: |
| Standard reference number | Type of operation |
|---|---|
| 1 | Cultivation, including ploughing, rotovating, harrowing and re-seeding. |
| 2 | Grazing, the introduction of grazing and alterations to the grazing regime (including type of stock, intensity or seasonal pattern of grazing). |
| 3 | Stock feeding, the introduction of stock feeding and alterations to stock feeding practice. |
| 4 | Mowing or cutting of vegetation (where already damaging), the introduction of mowing and alterations to the mowing or cutting regime (such as from haymaking to silage). |
| 5 | Application of manure, slurry, silage liquor, fertilisers and lime. |
| 6 | Application of pesticides, including herbicides (weed killers) whether terrestrial or aquatic, and veterinary products. |
| 7 | Dumping, spreading or discharge of any materials. |
| 8 | Burning and alterations to the pattern or frequency of burning. |
| 9 | Release into the site of any wild, feral, captive-bred or domestic animal, plant, seed or micro-organism (including genetically modified organisms). |
| 10 | Killing, injuring, taking or removal of any wild animal (including dead animals or parts thereof), or their eggs and nests, including pest control and disturbing them in their places of shelter. |
| 11 | Destruction, displacement, removal or cutting of any plant or plant remains, including tree, shrub, herb, hedge, dead or decaying wood, moss, lichen, fungus, leaf-mould and turf. |
| 12 | Tree and/or woodland management (where already damaging), the introduction of tree and/or woodland management (where applicable) and alterations to tree and/or woodland management (including planting, felling, pruning and tree surgery, thinning coppicing, changes in species composition, removal of fallen timber). |
|---|---|
| 13 a) | Draining (including moor- gripping, the use of mole, tile, tunnel or other artificial drains). |
| 13 b) | Modification to the structure of water courses (e.g. ditches, drains and streams), including their bans and beds, as by re-alignment, re-grading, damming or dredging. |
| 13 c) | Management of aquatic and bank vegetation for drainage purposes. |
| 14 | Alterations to water levels and tables and water utilisation (including irrigation, storage, abstraction from existing water bodies and through boreholes). Also the modification of current drainage practices. |
| 15 | Infilling or digging of ditches, dykes, drains, ponds, pools, marshes or pits. |
| 17 | Reclamation of land from sea, estuary or marsh. |
| 20 | Extraction of minerals including peat, shingle, hard rock, sand, gravel, topsoil, subsoil, lime, limestone pavement, shells and spoil. |
| 21 | Destruction, construction, removal, rerouting, or regrading of roads, tracks, walls, fences, hardstands, banks, ditches or other earthworks, including soil and soft rock exposures or the laying, maintenance or removal of pipelines and cables, above or below ground. |
| 22 | Storage of materials. |
| 23 | Erection of permanent or temporary structures or the undertaking of engineering works, including drilling. |
| 24 a) | Modification of natural or man-made features (including cave entrances) and clearance of boulders, large stones, loose rock or scree. |
| 24 b) | Battering, buttressing or grading of geological exposures and cuttings (rock and soil) and infilling of pits and quarries. |
| 25 | Removal of geological specimens, including rock samples, minerals and fossils. |
| 26 | Use of vehicles or craft. |
| 27 | Recreational or other activities. |
| 28 a) | Game and waterfowl management and hunting practices (where already damaging), introduction of game or waterfowl management (where applicable) and alterations to game and waterfowl management and hunting practice. |
| 28 b) | Use of lead shot. |
| Complete relevant boxes as appropriate | Yes | No | N/A |
|---|---|---|---|
| Does the proposal comply with the principles of the Government Strategic Plan? | Yes | ||
| Government Policy and Aim | Take care of our nature and wildlife so that our uplands, plantations, glens and rivers can help us deal with the challenges of a changing climate. | ||
| Departmental Policy and Aim | Co-ordinate the delivery of the Biodiversity Strategy to optimise the Island’s biodiversity and meet our obligations under the Rio Convention on Biodiversity. Biodiversity Strategy Action 17: by 2025 we will appropriately conserve and manage 20% of land and inland water through statutory designations and other effective management schemes. | ||
| Appropriate regulatory consultation taken place? | Yes | ||
| Resource/Personnel Implications | Yes | ||
| Finance Director support obtained | Yes | ||
| Treasury Concurrence required | N/A | ||
| Inter-Departmental Implications | No | ||
| Priority Level (High, Medium, Low) | High | ||
| Responsible Department Officer Name: Title: |
| Supported by relevant Director: Signature: Date: |
|---|
| Chief Executive: APPROVED / NOT APPROVED / REFERRED BACK Signature: Date: |
| Member with delegated responsibility (as necessary) APPROVED / NOT APPROVED / REFERRED BACK Signature: Date: |
| Minister: APPROVED / NOT APPROVED / REFERRED BACK Signature: Date: |
| Complete relevant boxes as appropriate | Yes | No | N/A |
|---|---|---|---|
| Does the proposal comply with the principles of the Government Strategic Plan? | Yes | ||
| Government Policy and Aim | Take care of our nature and wildlife so that our uplands, plantations, glens and rivers can help us deal with the challenges of a changing climate. | ||
| Departmental Policy and Aim | Co-ordinate the delivery of the Biodiversity Strategy to optimise the Island’s biodiversity and meet our obligations under the Rio Convention on Biodiversity. Biodiversity Strategy Action 17: by 2025 we will appropriately conserve and manage 20% of land and inland water through statutory designations and other effective management schemes. | ||
| Appropriate regulatory consultation taken place? | Yes | ||
| Resource/Personnel Implications | Yes | ||
| Finance Director support obtained | Yes | ||
| Treasury Concurrence required | N/A | ||
| Inter-Departmental Implications | No | ||
| Priority Level (High, Medium, Low) | High | ||
| Responsible Department Officer Name: Title: |
| Supported by relevant Director: Signature: Date: |
|---|
| Chief Executive: APPROVED / NOT APPROVED / REFERRED BACK Signature: Date: |
| Member with delegated responsibility (as necessary) APPROVED / NOT APPROVED / REFERRED BACK Signature: Date: |
| Minister: APPROVED / NOT APPROVED / REFERRED BACK Signature: Date: |
| 12th June 2019 Extract from the Ecosystem Policy update provided to meeting: ‘Grenaby Gareys ASSI consultation is currently set to close on 14th June, following a second extension at the request of landowners.’ Extract from the minutes: ‘The Grenaby Gareys Consultation is now set to close on the 14th June following a second extension at the request of landowners.’ |
|---|
| 10th July 2019 Extract from the EPT update provided to meeting: ‘Grenaby Gareys ASSI consultation has closed. Of 13 landowners/tenants, 4 have objected. Aline is pulling together a report and organising some further survey work relating to the challenged areas. A decision must be taken by August 14th. Objector has a meeting scheduled with the Minister for 22 July. We aim to take a paper to Policy and Strategy if timing allows.’ Minutes: (Nothing mentioned in minutes). |
| 14th August 2019 Extract from the Ecosystem Policy update: ‘Grenaby Gareys ASSI - the Minister met with a few landholders (one of them a strong objector) and Minister Cregeen. He agreed to extend the decision period by one month (to 14th September) to allow for further negotiations. Letters have been sent out. A response has gone out to another objector, who appears to have A second meeting with landowners who live off-Island has just taken place with regard to management agreements and other queries.’ Extract from minutes: (Nothing in minutes). |
| 11th September 2019 Extract from the Ecosystem Policy update: ‘Grenaby Gareys ASSI - Legalistic letter received from Appleby. Response sent after advice from AGC. A decision is required by 14th September.’ Note: Paper 2019/09/01 reporting on the responses received to the consultation and recommending the confirmation of the ASSI was considered at this meeting. Extract from minutes: |
| ‘c) Grenaby Garey ASSI Following legal advice the notification relating to the designation of Grenaby Garey ASSI will be relaunched. The Minister stated that the prolonged negotiations have breached the statutory timescale and proposed that the designation process be re-started. The Department will write to those landowners affected informing them of this decision. The Minister asked for clear justification for the designation to be prepared in a paper for the October Directorate meeting.’ |
|---|
| 9th October 2019 Extract from Ecosystem Policy update: ‘Grenaby Gareys ASSI – designation withdrawn following AGC advice regarding the lack of a power to extend the decision period. A new pink paper will be provided to the October Directorate Meeting, to start the designation again. It will include the further information available on the views of the landowners.’ Extract from the minutes: ‘Prepare a paper outlining clear justification for the Grenaby Garey ASSI designation. This will be brought to the November Directorate meeting.’ |
| 13th November 2019 Four papers provided to the meeting: ‘Appendix H(i) Grenaby Garey pink paper Oct 2019’ (= Pink Paper ref. 2019/09/07) ‘Appendix H(ii) Grenaby Garey ownership map’ ‘Appendix H(iii) Grenaby Garey 2018 aerial map’ ‘Appendix H(iv) additional note’ Extract from minutes: ‘Grenaby Garey ASSI – Appendix H A paper requesting a decision on whether to re-designate the land by re-starting the notification process had been circulated prior to the meeting. In order to make a more robust case it is recommended that M23 type grassland be listed within the Assessment Sheet, which already makes mention of M25 grasslands. This amendment will be circulated via email to the Wildlife Committee for approval. Option 1 within the paper, Re- designate the site with the boundary and designation papers remaining as they were on 14th November 2018 and proceed with offering Management Agreements to landowners/tenants who are interested. Payments should not exceed £7021 for annual payment each year for five years and £5000 for one-off capital works, was approved. It was stressed that no extensions to the consultation period be made. Once this has been done, the paper will be returned to the Minister as a pink paper.’ |
| December 2019 Extract from Ecosystem Policy Team update provided to the meeting: ‘Grenaby Gareys pASSI – the brief amendment of the assessment sheet has been passed through the Wildlife Committee by email. A pink paper is going through the signing schedule.’ Extract from the minutes: (No mention in the minutes). |
Full Response Text
1 From: @manx.net Sent: 17 August 2018 22:34 To: (DEFA) Subject: Fw: Proposed Grenaby ASSI Site
-----Original Message----- From: @manx.net To: @gov.im Date: 17/08/2018 20:46 Subject: Proposed Grenaby ASSI Site
Hi
thank you both for explaining the rules on ASSI's to me and
the other day. I must admit I
was not clear if I had already been served Notification on the Land or not, and I know a few others were also not
clear.
Please pass the following views onto the Ecosystem Policy Team and the Minister.
My field number
is listed in the proposed Grenaby Gareys ASSI.
I do NOT want it to be included in the Grenaby Gareys ASSI . I have had this land for
years and run it alongside
my other fields
and
. When the cattle are on these fields in dry weather they have to get water from
the proposed field . They also use the gully that is in the field along with Gorse and Sally trees to shelter in when the
weather is bad. In the last 4 years I have had to clean out a ditch on the north side as the water was overflowing and
making a mess on some of the dry parts of the field I also had to put up a new fence to stop the cattle getting up on
the hedge joining my neighbour. The South west hedge is fenced but it must be 40 years old and will soon need
replacing. There is also a big box drain that runs the full length of the field North to South that has to be repaired as
the cattle can put their legs down in some of the holes where the slates on top have fallen in which needs a tracked
digger in to repair it.
I object to a Government Department wanting to act like they own the land and the farmer who does OWN the land
becomes the tenant and has to ask permission to carry out farming practices that they will of done all their lives.
It is irritating to me that a person who has farmed or owned land for many years and in some cases many
generations has to defend why they do not want a Government Department taking over the Management of the
THEIR land because that Department like what the owner-Farmer has it looking like now. In other areas if
Government need an important bit of land they would have to buy it at market value.
Ironic that DEFA are looking to put a sunset clause into the 69 Tenancies act . Yet ASSI's once passed cannot be
rescinded !, but no guarantee that any payment will be index -linked or that any payment may in the future stop all
together.(Maybe a sunset clause could be included in ASSI'S say 10 or 25 years )
The land value of the field will drop by 50% as a lot less people would want to buy it, as it would have a lot of
restrictions on it . IF the land that joins me is turned into an ASSI I would not want to pay the current market value if
someone else said what,where and when I could do with it. Very few people would.
These are some of the reasons I DO NOT WANT MY FIELD INCLUDED IN ANY ASSI . Yours Sincerely
File Note re meeting with Manx National Farmers Union (MNFU) about the Grenaby Gareys proposed ASSI
Present:
MNFU MNFU and also landowner of within the Grenaby Gareys pASSI
They expressed concern over ‘Government land grab’ of land for the proposed ASSI. They reported
that
at Chrystals has said that the land will be devalued by 50% if designated. It would
be marketed as lifestyle land but no one would want it if it had ASSI restrictions. We clarified that
they can put in a claim for compensation if this is the case.
was concerned that there is
no arbitration in place, no intermediary and no precedent for a land court to sit in order to discuss
the case.
sad that he and a few other land owners he has spoken to, have been under the impression that they had been served notice and that the land is now designated. It was clarified that that is not the case and the Department is currently carrying out a pre-designation consultation with landowners and tenants. The draft Notification document was viewed and the lack of Ministerial sign off was pointed out and the fact that each page was marked as ‘draft’.
asked why the Government isn’t going to buy the land if it is important and they want to control the management of it.
They asked about the Management Agreement budget and raised concern that farmers would lose out if the budget gets cut.
They asked which sites wereto be designated next and how are the sites are selected.
27.08.18
1 From: @manx.net Sent: 13 May 2019 14:53 To: DEFA, ecopolicy Cc: Boot, Geoffrey (MHK); gensec@manx-nfu.org; Chief Minister; Cregeen, Graham; Moorhouse, Jason (MHK) Subject: Grenaby Garey ASSI Follow Up Flag: Follow up Flag Status: Flagged
Dear Sir
I write to confirm once again that I do not want my field, number included in the Grenaby
ASSI .
DEFA's Compulsury managerment takeover of 184.89 acres of land in the South of the Island
In the event that you do decide that my field is turned into and ASSI I give notice that I will be seeking full
compensation under the Aquisition of land act 1984.
My reasons for this are, I have had this field, and two other connecting fields for
years . When I have
cattle on the fields they need the run of all the fields for water and shelter .
I do not see why in the future I should have to ask someones consent to carry out normal farming practices.
The land looks the way it does because of the way it has been farmed for genarations .
Instead of compulsury ASSI's would it not be a lot better to work with the land owner and enter into a Countryside Stewardship Scheme or Environmental stewardship or even a Environmentally Sensitive Areas Scheme such as they have in the UK . When , Chairman of the Nature Friendly Farming Network, who met with DEFA Officials, was on the Island last week, I showed him the Grenaby . He was of the same opinion as me, it would be far better to work with the Farmer - Landowner than to Compulsury take over the running of the land, with very little reward for the Farmer, who owns the land .
He also agreed with me, that Compulsury taking over the management of Land was likely to make other Farmer -Landowners, who have marginal land, that was not yet under Notification of an ASSI, may compel them to Spray ,Cultivate, Drain and Lime these lands and in so doing DEFA's policy would infact reduce the amount of land on the Island that they want to preseve.
Compulsury taking over of land will reduce the value of the land dramatically .Not many people will want land that they cannot walk their dog, ride a horse , let their children play in or any of the other Thirty other operations that would require DEFA.s consent
I know other Farmers affected by this Compulsury Land grab by DEFA, are of the same opion as me.
The Statutory Consultation is meant to end on the 14th May 2019 . Why then did DEFA release a press release on the 7th May 2019 which was on the BBC news website. That DEFA has designated the Grenaby Garey land as an ASSI .
Is this Statutory Consultation MEANINGLESS ??
Yours Sincerely ,
1 From: Sent: 17 July 2019 18:10 To: Subject: Grenaby Garey briefing for Minister Attachments: Brief for Minister Grenaby Gareys ASSI.docx; Grenaby Gareys Notification 14.11.18.pdf
Please find attached a briefing for the Minister prior to the meeting with on Monday morning. I hope it covers everything it needs to.
I have also attached a copy of the Notification document so that the Minister can see the locality of field in relation to the rest of the ASSI. I’ll bring along some maps on Monday.
Best wishes
Ecosystem Policy Team,
Environment Directorate,
Department of Environment, Food and Agriculture, Thie Slieau Whallian, Foxdale Road, St Johns, Isle of Man, IM4
3AS
Direct line: (01624) Email @gov.im DEFA website: www.gov.im/defa Protected nature conservation sites on the Isle of Man: https://www.gov.im/about-the- government/departments/environment-food-and-agriculture/ecosystem-policy-and-energy/wildlife-biodiversity-and- protected-sites/protected-sites/
‘A special place for people and nature’
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Grenaby Garey ASSI
Issued: 14th November 2018 Page 2 of 16
Contact points and further information This notification package is issued by the Ecosystem Policy Team
Our address for correspondence is:
Ecosystem Policy Team Department of Environment, Food and Agriculture Thie Slieau Whallian Foxdale Road St Johns Isle of Man IM4 3AS
Telephone number: 01624 685835 Fax number: 01624 685851
Your points of contact relating to this notification are:
Email:
The date of notification of Grenaby Garey ASSI is 14th November 2018
Front cover photographs: Bog asphodel and Ragged robin courtesy of DEFA
Sedge warbler courtesy of Neil G. Morris
Contents
- Summary…………………………………………………………………………………………..
- The legal background…………………………………………………………………………
- Making representations……………………………………………………………………...
- Reasons for notification……………………………………………………………………..
- Site boundaries and relationships with other ASSIs……………………………….
- Management of the ASSI……………………………………………………………………
- Supporting information……………………………………………………………………..
- Documents……………………………………………………. Annex 1 Citation…………………………………………………………………….. Annex 2 List of operations requiring DEFA’s consent………………….. Annex 3 Maps showing the land that is designated …………………… Annex 4 Views about management……………………………………………
Grenaby Garey ASSI
Issued: 14th November 2018 Page 3 of 16
- Summary 1.1 This package explains why Grenaby Garey is notified by the Department of Environment, Food and Agriculture (DEFA) as an Area of Special Scientific Interest.
1.2 Grenaby Garey ASSI is a nationally important site by reason of the following flora, fauna, geological or physiographical features of special interest, namely its complex mosaic of marshy grassland (fen meadow), species-rich neutral grassland, wet heath and dry heath.
1.3 The annexes to this document comprise the legal papers that detail its special interest and the management required to maintain that interest. You have the right to make representations or objections to this notification. Part 3 of this document explains how to do this.
1.4 DEFA’s consent is required by owners and occupiers before any of the operations listed in Annex 2 can be carried out. We will work closely with owners and managers, as well as other bodies, to ensure that existing operations and new works that are not considered likely to damage the special features of the ASSI can be carried out.
- The legal background
2.1 Grenaby Garey ASSI is notified under Section 27 of the Wildlife Act 1990 which states that where the Department, after consultation with the Wildlife Committee, is of the opinion that any area of land is of special interest by reason of its flora, fauna, or geological or physiographical features, it may notify that fact to the Department of Infrastructure and to every owner and occupier of any of that land.
2.2 Part 8 of this notification document contains the following documents required by Section 27 of the Wildlife Act:
A citation detailing the reasons for the notification (Annex 1); A list of operations requiring DEFA’s consent (Annex 2); and A map identifying the land subject to this notification (Annex 3).
In addition to these we have included: A Statement of DEFA’s views on the management of the ASSI (Annex 4).
2.3 This notification has several effects. The key ones can be summarised as follows:
Owners and occupiers must give DEFA notice before carrying out, causing or permitting to be carried out any of the activities in the list of operations at Annex 2;
Public bodies must, under Section 36 of the Act, have due regard for the protection of the environment and the conservation of flora, fauna and geological or physiographical features of interest and must consult DEFA before carrying out or authorising any works that may damage the ASSI.
Grenaby Garey ASSI
Issued: 14th November 2018 Page 4 of 16
If you require any further information or advice on how this notification affects you, please do not hesitate to contact DEFA at the address shown at the beginning of this notification document.
- Making representations
3.1
You have a legal right to make objections and representations about this notification.
Any representations or objections should be made in writing by 14th March 2019 (at
least three months from the date of notification) to DEFA at the address shown
on page 2. You may wish to seek legal or independent advice and your representative
may wish to write to us on your behalf.
3.2 The Department will consider those objections or representations and, within two months of the expiry of the date mentioned in 3.1, shall confirm, vary or rescind the notification and shall notify the owners and occupiers of its decision and reasons for it.
3.3 DEFA has a policy of openness, which reflects our obligations under the Code of Practice on Access to Government Information promoted by the Council of Ministers. This means that we will provide information on how we make our decisions on ASSIs to any person on request. This includes details of objections and representations received. We will assume, therefore, that your representation or objection can be made publicly available unless you indicate with clear and valid reasons which (if any) part(s) of these are provided in confidence.
As an individual with an interest in Grenaby Garey ASSI, your information will be stored and processed on a computer database that will be operated within the Data Protection Act 2002. This Act gives individuals the right to know what data we hold on them, how we use it and to which third parties it is disclosed. For the purposes of the Data Protection Act, the data controller is the Department of Environment, Food and Agriculture, Thie Slieau Whallian, Foxdale Road, St John’s IM4 3AS.
- Reasons for notification
4.1 Grenaby Garey is the largest remaining garey (a Manx term for marshy grassland or fen) site in the south of the Island at 75.47 hectares (186.49 acres). The majority of the specialised plants of this habitat are recorded on this site including whorled caraway, heath spotted orchid, ragged robin, marsh arrowgrass, marsh speedwell, devil’s bit scabious and a diverse Sphagnum moss community.
This grassland and associ
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