115752

==== PAGE 1 ====

19/01334/B Page 1 of 9 PLANNING OFFICER REPORT AND RECOMMENDATIONS Application No. : 19/01334/B Applicant : CCSE Leisure Ltd Proposal : Erection of managers lodge Site Address : Sunset Lakes Ballagyr Lane Peel Isle Of Man Principal Planner: Miss S E Corlett Photo Taken : 09.01.2020 Site Visit : 09.01.2020 Expected Decision Level : Planning Committee Recommendation Recommended Decision: Permitted Date of Recommendation: 06.03.2020 __ Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions C 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. C 2. The building must be removed if it is no longer needed or occupied for its intended use within one year of it not being needed or used for its intended purpose. Reason: the site is not designated for development and the justification for the property relates to it being required for security purposes associated with the adjacent tourist and recreation facilities. C 3. The building may be used only as reception and office purposes associated with the adjacent tourism and recreation facilities and the living accommodation may only be occupied by persons employed in association with the adjacent facilities. Reason: the site is not designated for development and an exception is being made on the grounds of the need for on-site security for the adjacent facilities.

==== PAGE 2 ====

19/01334/B Page 2 of 9 C4. Prior to the commencement of any excavation or building works, a plan showing the existing and proposed levels of the site must be approved in writing by the Department and the development undertaken in accordance with these details. Reason: to ensure that the building is established at an appropriate level so as not to be prominent in the landscape. C 5. The development must be undertaken in full accordance with the Precautionary Working Method Statement dated January 2020. Reason: to accord with Environment Policy 4 of the Strategic Plan. This application has been recommended for approval for the following reason. The principle of the proposal is considered to be acceptable on an exceptional basis for the provision of security for the site and fish stock, and by reason of its siting amongst other buildings similar in appearance, and subject to conditions in respect of occupancy and removal if no longer required. The proposal is not considered to result in any significant visual impact on the wider landscape. Plans/Drawings/Information; This approval relates to the drawings referenced 18/2722/01 and 18/2722/02, received 27th November 2019, together with the Manx Wildlife Trust Protected Species Precautionary Working Method Statement dated January 2020. __ Interested Person Status - Additional Persons None __ Officer’s Report THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE SITE IS NOT DESIGNATED FOR DEVELOPMENT, THE DEVELOPMENT COULD BE CONSIDERED TO BE CONTRARY TO THE DEVELOPMENT PLAN AND THE LOCAL AUTHORITY OBJECTS TO THE APPLICATION, AND THE APPLICATION IS RECOMMENDED FOR APPROVAL THE SITE 1.1 The site is the curtilage of a relatively new complex which comprises trout fishing lakes, a café and tourist accommodation in the form of four lodges. Trout are bred in the complex and are then fished. This was approved under 12/01140/B with an extension to the opening hours of the cafe (18/00885/B). The conditions of approval included one which constrained the hours of operation of the café from 0500hrs - 2100hr and this was amended to open between 0700hrs to 2300hrs on any day. 1.2 Access to the site is via Ballagyr Lane, to the east of the backs of properties in Willow Close and some of the properties within the small development known as McLeod's Field and to the west of a range of allotments. 1.3 The site accommodates a cafe, shop, four tourist cottages, three lakes, an education centre and play area all the buildings built with timber cladding

==== PAGE 3 ====

19/01334/B Page 3 of 9 THE PROPOSAL 2.1 Proposed is the erection of a new building on a part of the site which is presently part of an undeveloped green field to the immediate north of the holiday cottages, to the west of the shop and cafe and abutting the existing car park and access. The building is intended to provide living accommodation for a manager of the complex as well as a reception, office and store area therefor. The unit has three bedrooms and bathroom, lounge, kitchen and dining room and is internally connected to the complex facilities. It is a timber structure, like the tourist chalets with dark coloured window frames and doors and an imitation slate roof finish. 2.2 Two parking spaces are provided, one suitable for use by disabled users. 2.3 The applicant has explained that the location of the unit provides good visibility of the entrance to the complex which will enhance security on the site. The living accommodation can be locked off from the reception area if the manager is on holiday (during the winter season when the stand in manager will be occupying one of the holiday chalets). The particular concern is at night when staff are not on site during the summer season and have noted a recent incident at Kirk Michael where fish stock were damaged. They would accept a condition regarding the occupancy of the unit as follows: "All the buildings and structures on the site (excluding the lakes) hereby approved shall be removed and the land restrored to its former condition in the event that they have been vacated for a period of two years and are no longer required for the use for which permission has been granted". 2.4 Levels are not shown on the submitted plans but further plans have been informally submitted which indicate that the levels will be lower than the surrounding area. A condition could be attached to require details of this prior to the commencement of work. PLANNING POLICY 3.1 The site lies outside of the Peel Local Plan boundary. On the 1982 Development Order, the site lies within open country in an area designated as being of High Landscape Value and Scenic Significance. 3.2 The policies in the Strategic Plan that are of relevance are summarised below. 3.2.1 Strategic Policy 2: Directs new development to towns and villages unless there are exceptional circumstances. 3.2.2 Strategic Policy 4: Proposals for development must protect or enhance the landscape and nature conservation value of urban and rural areas, and must not lead to environmental pollution or disturbance. 3.2.3 Strategic Policy 5: Requires new development, including individual buildings to be designed so as to make a positive contribution to the environment of the Island. 3.2.4 Strategic Policy 8: Tourist proposals will generally be permitted where they make use of existing built fabric of interest and quality and where they do not affect environmental, agricultural or highway interests and where they enable enjoyment of our natural and man- made attractions. 3.2.5 Strategic Policy 10: Development should be located so as to minimise journeys, especially by private car and to make best use of public transport, encourage pedestrian movement and not adversely affect highway safety.

==== PAGE 4 ====

19/01334/B Page 4 of 9 3.2.6 General Policy 3: Development will not be permitted outside of areas zoned for development subject to exceptions, one of which allows for development of an overriding national need in land use planning terms and for which there are no reasonable and acceptable alternatives, and another which allows for buildings or works required for the interpretation of the countryside, its wildlife or heritage. 3.2.7 General Policy 9: Seeks the provision of artwork that is accessible to the public in major developments. 3.2.8 Environment Policy 1: This policy seeks to protect the countryside and its ecology for its own sake. Any development which would adversely affect the countryside will not be permitted unless there is an over-riding national need that outweighs such protection. 3.2.9 Environment Policy 2: Where a site is within an Area of High Landscape Value or Coastal Value and Scenic Significance (AHLV's), the protection of the character of the landscape will be the most importance consideration, the development should not harm the character and quality of the landscape; or the location for the development is essential. 3.2.10 Environment Policy 4 makes provision for the protection of ecology. 3.2.11 Business Policy 11: This policy supports tourism development and states: 'Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designations which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within rural areas there may be situations where existing rural buildings could be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted.' 3.2.12 Business Policy 14: This states: 'Tourism development may be permitted in rural areas provided that it complies with the policies in the Plan. Farmhouse accommodation or quality self-catering units in barn conversions and making use of rural activities will be encouraged but must comply with General Policy 3 and Business Policies 11 and 12. Other forms of quality accommodation in rural areas will be considered, including the provision of hostels and similar accommodation suitable for walkers, but must comply with General Policy 3 and Business Policies 11 and 12.' 3.2.13 There are no direct policies within the Sport, Recreation, Open Space and Communities Facilities chapter of the Strategic Plan, however Recreation Policy 1 does enable Area Plans to encourage the provision of sport and recreation facilities and Recreation Policy 2 seeks to prevent the loss of such facilities. 3.2.14 Transport Policy 7: Requires that parking shall be provided in accordance with the standards set out in the Plan. PLANNING HISTORY 4.1 See Paragraph 1.1. REPRESENTATIONS 5.1 German Parish Commissioners object to the application, considering that there is already a building on site (the cafe) which would be used to provide living accommodation if this is required (30.01.20). 5.2 Highway Services have no objection to the application (18.12 19).

==== PAGE 5 ====

19/01334/B Page 5 of 9 5.3 Ecosystems Policy Office express concern about the loss of hedging which may support the protected common lizard. Whilst there are no records of lizards on these particular hedges, they have been recorded close by. They recommend the preparation of a Precautionary Working Method Statement and the bank removal undertaken in accordance with the approved details. The PWMS should also take account of breeding birds. Finally, they recommend that the proposed boundary screening should take the form of low level Manx native tree species (17.01.20). 5.4 The applicant has responded to this by having a PWMS prepared by the Manx Wildlife Trust Consultancy Services, dated January 2020. This document aims to enable the proposed development to comply with planning conditions and legal requirements of the Wildlife Act 1990 and in line with planning strategy, additional advice on biodiversity enhancement is also provided. Habitat was surveyed and assessed for its potential to support common lizard and whilst the survey was conducted outside the normal active season for lizard and breeding birds it did not constrain an assessment for potential habitat. The hedges were observed as being relatively recent construction with some stone walling within parts. The habitats were considered suitable for lizard and common farmland birds and possibly song thrush which are red list species. They recommend that the vegetation on the hedges must be cleared by cutting and strimming to less than 5cm in height in the non-active season (October to February) to render the habitat unsuitable for lizards. The physical removal of the hedge may not occur until the sunny, warmer days of at least 15 degrees ambient temperature from mid April to August when lizards are more likely to be active and the risk of injury and mortality will be lower. Work to remove the hedge shall be done from the midpoint outwards or in a north to south or south to north direction to enable any lizards present to escape into neighbouring habitat and tools and materials should not be stored on grassland and scrub habitat overnight as it may be used by sheltering lizards. If any lizards are found work should stop immediately and advice sought from MWT Consultancy. Enhancement could include the creation of new embankments in a similar shape and vegetation cover with a composition of 70% grassland to 30% low scrub and the structure should incorporate large stones that partly protrude from the earth for basking lizard and access into the interior of the bank for shelter and protection. The grassland could be created by allowing neighbouring species to colonise bare earth naturally in conjunction with regular cutting to favour tolerant grasses. Once established it should be cut every two to three years. Local species should be incorporated in any seed mix. If any birds' nests are found all work should cease and the nest must be safeguarded by a suitable buffer until all the young have left the nest. The proposed planting should use locally natiure woody species with an element of thorny scrub and a list is provided. ASSESSMENT 6.1 The principle of a new dwelling here is not in accordance with the development plan or the Strategic Policies that presume against development in undesignated areas and where new development should be directed towards existing settlements. However, the case for the development is related to the lawful use of the site for a combination of tourism uses, and particularly the established trout fishing enterprise. The justification for the accommodation is the provision of security for the fish, concerns stemming from an incident at a local fishing facility in the recent past. It is considered reasonable that, given the investment in the complex and the lack of an on-site presence, that there is a concern for the security of the premises. Whilst on-site occupation could take place in the winter months through staff living in one of the unoccupied tourist units, in the summer months, these are likely to be fully occupied and their availability could not be assured. 6.2 The principle of on-site accommodation to provide security is considered acceptable in the circumstances. Whilst there are other buildings on the site, they are all fully used for other purposes. It would not be practicable to have the cafe converted to a dwelling as this would leave the facility with no catering facilities and the cafe serves both the tourists staying at the site as well as those coming to fish and those simply coming to eat or drink and use the play facilities.

==== PAGE 6 ====

19/01334/B Page 6 of 9 6.3 Given the acceptance of need for the accommodation and the lack of an alternative to a new building, the issue is then whether the siting and appearance of the proposed building is acceptable. The siting is in amongst the existing buildings and the building is of the same style and finish. Whilst larger than the tourist lodges, the building is still low and will not have a significant visual impact on the landscape given the existing buildings already on site. Its location and the inclusion of reception and office space lead to it being unlikely to be used for any other purpose than those proposed. A condition could be attached which requires the building to be removed if it is no longer needed or occupied for its intended use. 6.4 If permission is forthcoming, the applicant's suggested condition is not appropriate as it extends to structures which are not part of this application and it does not actually address the occupancy of the new unit which should be restricted to persons employed to manage the overall site defined in red in the submitted plans. CONCLUSION 7.1 It is considered that whilst the development is contrary to the development plan and the proposed use does not satisfy the tests for an exception given in GP3, there is sufficient justification for the living accommodation and reception and office facilities to warrant setting this aside and the application is supported subject to conditions relating to occupancy, levels and removal if no longer needed. INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated. 8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status. 8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __ I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority. Decision Made : ...Permitted... Committee Meeting Date:...16.03.2020 Signed : L KINRADE Presenting Officer

==== PAGE 7 ====

19/01334/B Page 7 of 9 Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report). Signatory to delete as appropriate YES/ See below Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

==== PAGE 8 ====

19/01334/B Page 8 of 9 PLANNING COMMITTEE DECISION 16.03.2020 Application No. : 19/01334/B Applicant : CCSE Leisure Ltd Proposal : Erection of managers lodge Site Address : Sunset Lakes Ballagyr Lane Peel Isle Of Man Principal Planner : Miss S E Corlett Presenting Officer Miss L Kinrade Addendum to the Officer’s Report The members unanimously agreed with the recommendation of the officer stating that the proposal is only considered acceptable with those occupancy and removal conditions being added for the building, as well as those two conditions for site levels and Precautionary Working Method Statement. The members requested that additional wording be added to condition 2 in ensuring that upon any removal that the ground be restored back to its former condition. Suggested rewording as follows: In the event that the building hereby approved is no longer required or used for its approved use, as set out in condition 3, it shall be removed from the site within 12 months of its last use, including the removal of any associated foundations and hardstandings, and the ground restored to its former condition unless otherwise approved in writing by the Department Conditions of Approval C 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. C 2. In the event that the building hereby approved is no longer required or used for its approved use, as set out in condition 3, it shall be removed from the site within 12 months of its last use, including the removal of any associated foundations and hardstandings, and the ground restored to its former condition unless otherwise approved in writing by the Department

==== PAGE 9 ====

19/01334/B Page 9 of 9 Reason: the site is not designated for development and the justification for the property relates to it being required for security purposes associated with the adjacent tourist and recreation facilities. C 3. The building may be used only as reception and office purposes associated with the adjacent tourism and recreation facilities and the living accommodation may only be occupied by persons employed in association with the adjacent facilities. Reason: the site is not designated for development and an exception is being made on the grounds of the need for on-site security for the adjacent facilities. C 4. Prior to the commencement of any excavation or building works, a plan showing the existing and proposed levels of the site must be approved in writing by the Department and the development undertaken in accordance with these details. Reason: to ensure that the building is established at an appropriate level so as not to be prominent in the landscape. C 5. The development must be undertaken in full accordance with the Precautionary Working Method Statement dated January 2020. Reason: to accord with Environment Policy 4 of the Strategic Plan. This application has been recommended for approval for the following reasons(s) The principle of the proposal is considered to be acceptable on an exceptional basis for the provision of security for the site and fish stock, and by reason of its siting amongst other buildings similar in appearance, and subject to conditions in respect of occupancy and removal if no longer required. The proposal is not considered to result in any significant visual impact on the wider landscape.