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19/01376/B Page 1 of 9
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 19/01376/B Applicant : Comis Holdings Ltd Proposal Change of use of agricultural land to driving range and the erection of new driving range building, and the change of use of existing driving range land back to agricultural use including the demolition of existing driving range building Site Address Part Field 510218 Comis Mount Murray Golf Club Santon Isle Of Man
Case Officer :
Miss Lucy Kinrade Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 21.05.2020
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. Prior to the coming into use of the approved driving range the existing driving range shall be reverted back to agricultural use in accordance with drawing number DR-190131-02 Rev A and all associated driving range buildings, structures and paraphernalia removed and the ground returned to grass in accordance with drawing number DR-1901310-10.
Reason: The application has been assessed on a one for one basis only and in the interest of visual amenity.
C 3. All planting, seeding or turfing comprised in the approved details (drawing numbers DR 180424-02 and DR-1901310-10) must be carried out in the first planting and seeding seasons following the completion of the development or the first coming into use of the approved facility, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
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Reason: the landscaping of the site is an integral part of the scheme and must be implemented as approved.
C 4. There shall be no external lighting installed at the site.
Reason: The application did not including any external lighting or a lighting scheme and therefore no assessment has been undertaken in this respect. Any external lighting would need to be considered as part of a separate planning application.
This application has been recommended for approval for the following reason. The proposal does not strictly accord with General Policy 3, however the one for one replacement of the driving range is considered to result in an overall net gain of agricultural land and to have an negligible environmental impact on the countryside beyond the existing driving range and by reason of its siting and landscaping is considered to have an acceptable impact on both the visual and amenity aspects of the surrounding countryside. The application is considered to comply with Environment Policies 1, 3 and 24, and the principal values of General Policy 2.
Plans/Drawings/Information;
This approval relates to drawing numbers DR-171101-6A Rev A, DR-1901310-03, DR-190131- 01 Rev A and DR-190131-02 Rev A all date stamped and received 03/12/2019, Drawing number DR-1901310-10 and supporting statement received 17/12/2019, and drawing number DR 180424-01 and DR 180424-02 both date stamped and received 06/04/2020 and the Environmental Statement dated May, 2020 and received 21/05/20.
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Interested Person Status - Additional Persons
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Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL IS CONTRARY TO THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL
THE SITE 1.1 The application site relates to the extents of the existing driving range facility at Mount Murray and parts of field number 510218 and the existing golf course on the western side of the Mount Murray Back Road.
1.2 The golf course and driving range are associated with the wider hotel and country club known as 'Comis at Mount Murray'. The golf course stretches across both sides of the main road wrapping the main hotel building and parts of a residential estate on the eastern side, and running between the A5 Castletown Road and the main golf club on the western side.
1.3 The existing driving range occupies approx. 7 acres there is a an existing driving range building (18m x 10m) and a number of external tee stands on the southern side of the range. Parking for the range is provided on the adjacent side of the road at the existing golf club house. The driving range is illuminated.
THE PROPOSAL 2.1 The current application seeks approval for the removal of the existing driving range facility and associated buildings and the return of the 7acres to agricultural use, and the
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subsequent relocation of the driving range facility to the western side of the road and including the erection of a new driving range next to the existing golf club house.
2.2 The new driving range is proposed to occupy a triangular shaped parcel of field 510218 measuring approx. 3.6acres, this area of land will stretch diagonally north-west and also encompass part of the existing golf course greens to create the new driving range facility.
2.3 Nearest the club house and situated within land already used as part of the golf course is to sit a new driving range building providing 10 teeing off bays and a small tractor store and ball dispensing area. The building measures approx. 35m long and has a slightly stepped arrangement both in terms of its height and widths, the central store area is the tallest and deepest section measuring approx. 6m tall and 9m deep, while the 5 bays either side measuring approx. 3.5m tall and 6m deep. The building is detailed to be timber framed and timber clad with a metal sheeting roof and metal roller shutter door to store area.
2.4 Also included in the scheme are a number of trees to be planted along the edges of the proposed driving range, this planting will comprise a mix of 10 different species as identified on drawing number DR-108424-02 dated 06/04/2020 including red birch, oak, scots pine and chestnut trees.
2.4 Drawing number DR-1901310-10 sets out the detail for the remediation of the land where the existing driving range building sits and once demolished its return to grass.
2.5 An Environmental Impact Assessment (referred to as an Environmental Statement) for the application was provided by the applicant electronically dated 21/05/2020. This concludes that there will be no adverse environmental impact from the proposal.
PLANNING HISTORY 3.1 The wider golf club and hotel site has been the subject of a number of applications, the existing golf club and golf course was original approved in the early 1990's (92/00585/B) although there are no recent applications considered specific or material to the current proposal.
PLANNING POLICY 4.1 There are a number of land uses in the area, the extent of the land ownership including the hotel covers an area recognised as being Tourist Accommodation in Parkland and AHLV on the 1982 Development Plan. The application site specific to this application however appears to fall outside of both of these area and is located within an area not designated for development and part of a small strip of designated 'woodland' lining the immediate sides of the road. In assessing the current proposal regard shall be given to the established nature of the existing golf course and driving range and whether the principle of its relocation meets the tests of General Policy 3 and Environment Policy 1 which seek to protect the countryside from unwarranted development, and whether or not the proposal would result in any adverse visual or amenity impacts as to harm the landscape and surroundings including the impact on the designated woodland using Environment Policy 3. Appendix 5 of the Strategic Plan also requires any proposals for golf courses and any associated development to be provided with an EIA. Environment Policy 24 is therefore relevant in considering the environmental matters of the application.
4.2 Although not strictly to be applied, the general standards set out in GP2 can often help in assessing visual, amenity and landscape impacts of a development.
4.3 General Policy 3 states (in part): "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
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(c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative."
4.4 Environment Policy 1: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
4.5 Environment Policy 3: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value."
4.6 Appendix 5 states (in part): "The Need for EIA A.5.2 It is proposed that the following types of development would require EIA in every case: (j) Other projects ... o Golf courses and associated development;"
4.7 Environment Policy 24: "Development which is likely to have a significant effect on the environment will be required: i) to be accompanied by an Environmental Impact Assessment in certain cases; and ii) to be accompanied by suitable supporting environmental information in all other cases."
4.8 General Policy 2 states (in part): Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; c) does not affect adversely the character of the surrounding landscape or townscape; d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including watercourses; f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; g) does not affect adversely the amenity of local residents or the character of the locality; h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; i) does not have an unacceptable effect on road safety or traffic flows on the local highways; k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; m) takes account of community and personal safety and security in the design of buildings and the spaces around them."
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
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5.1 Santon Commissioners - no objection (09/01/2020).
5.2 Department of Infrastructure Highway Services - Do not oppose (23/12/2019 and 29/04/2020).
5.3 DEFA Forestry - no objections (05/02/2020)
SUMMARY OF ENVIRONMENTAL IMPACT 6.1 The ES states that the existing two storey driving range is nearing the end of its useful life and the range itself is too short for the modern game with balls often landing in the field beyond or on the main road. The existing set up also requires golfers to cross and re-cross the road from the car park to play. The new building will be only single storey helping to reduce visual impact and over 3000 trees and 850 shrubs and plants planted. As it is the only driving range structure on Island it is not envisaged that number using the facility will change and no new access or parking is required.
6.2 While alternative sites were considered none offered the same proximity to the existing club house and car parking and would require major alterations to the existing golf course. The proposed site had the greatest opportunity to meet the leisure needs with the least constraints and its relocation would return the existing 7acre driving range back to agricultural use. While a two storey building was considered it was discounted due to the visual impact. The proposed siting and selected single storey building would have a slight negligible benefit on the environment and would have a negligible effect on existing transport infrastructure.
6.3 The nearest archaeological interest sites are between 1000-1500m away. The land forming the driving range is featureless and will largely be undisturbed and a thus a negligible impact is expected with the integrity, setting or understanding of these archaeological sites remaining unaffected.
6.4 The site is 100m above datum and other than the building itself no other hardstandings are planned. No foul drainage is required and surface water will be taken to a soakaway, as such the proposal poses a negligible flood risk and no negligible impact on water quality. With exception to the land on which the building is to be built the rest will remain unchanged save for maintenance to bring it up to golf course standard, there is to be a negligible benefit to ground conditions and soil and the development also create new agricultural land by reverting the old range back to agricultural use.
6.5 A Visual Impact Assessment was undertaken whereby the site was surveyed and photographed to assess visibility of the proposal, the viewpoints selected were those that have public access. Due to the existing clubhouse and hedgerows there was only one point where the new building would be partially visible and this footpath is located 500m away on the eastern side of Chibbanagh Plantation. The trees to be planted are to form a natural barrier to the range rather than netting used at the existing facility. The proposed single storey timber clad building will be largely obscured from view, its development combined with the removal of the existing building and associated netting is considered to have a negligible benefit to landscape and visual amenity.
6.6 An ecological appraisal has found that there are no designated sites or areas of Special Scientific Interest within 2000m of the site. Plant communities at the site are not of botanical interest and there are no registered trees on the golf course. Rabbits, hares and feral cats are known to exist on the site although unlikely to have a permanent habitat with the regular maintenance and machinery activity at the golf course, a negligible impact is expected on native species. The site will effectively remain as a field albeit maintained to golf course standard, the extensive planting will present and encourage new habitats such as nesting birds and likely to have a moderate benefit to the areas ecology and biodiversity.
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6.7 No additional noise is expected to be created by the development and a negligible amount during the brief construction period. In terms of air quality the IOM has automated air quality monitoring stations, according to IOM Gov website the station at Richmond Hill was discontinued due to the results indicating continued good air quality. The proposal is not anticipated to have any impact, however the development does including extensive planting and this will arguably have a positive impact on air quality. There may be negligible amount of dust during the short construction phase but mitigation is not considered necessary.
6.8 The applicant seeks to relocate and improve its driving range to form part of a centralised golfing facility, through an agreed land swap with a neighbouring farmer the development will result in a reduction to the overall Hotel and Golf Resort grounds and a net gain of over three acres of agricultural land. The proposed driving range structure is visually less impactful that the existing range and more in keeping with the surrounding environment and safer for its users. The development will include significant planting creating new habitat, improving visual amenity and arguably assisting in improving air quality. The EIA has demonstrated that the proposal can be undertaken within acceptable environmental limits and relevant planning policies can be satisfied.
ASSESSMENT 7.1 The proposal does not strictly meet the exceptions to development in General Policy 3, however the site already comprises an existing and established driving range facility and the proposal ultimately seeks to replace this on a one for one basis albeit in an alternative location next to the existing golf club house and reverting the existing driving range back to agricultural use. The current proposal will not only result in an overall net gain of 3.4acres of agricultural land but it would see the golfing facilities being clustered together on the same side of the road and helping towards reducing the general spread of development across the countryside.
7.2 The proposed driving range is to be set back from the main road beyond existing roadside vegetation and also beyond new trees to be planted as part of the scheme, as such it is not expected that there will be any prominent views from a public perspective as to impact on the general countryside character. Similarly the return of the existing driving range back to agricultural use and the removal of the associated paraphernalia will overtime put the general streetscene back to a typical countryside appearance and an improvement over the existing arrangement.
7.3 There are trees lining both sides of the main road although it is not quite clear from the 1982 plan (due to the scale at which it is prepared) where the extents of the woodland area stretches too and whether any part of this falls within the red line for the site, that aside, the proposal does not include any works that will result in the loss of or any impact to any trees in line with EP3.
7.4 The site and area is not identified or recognised on any plan as having any specific habitats or ecological importance, although it would not be unreasonable for bats to be found in the area given that some species utilise woodland areas for roosting and foraging. Aforementioned the proposal does not result in the loss of any trees and overtime the proposal is to contribute to the trees and woodland available through substantial planting as indicated on the landscaping plan, as such it is not considered that any protected species or special habitats will be lost or harmed as a result of the development.
7.5 The existing driving range building has some external lighting which can be seen across the landscape particularly during hours or darkness and more so over the winter months. While some species and habitats can acclimatise to certain environmental situations such as noise, lighting or general activity levels, these should not be exacerbated or made worse as a result of new development. In this case the general noise and activity from the proposed driving range is not expected to be any more significant than the existing, however there is no detail provided
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for any lighting at the new facility and as such no judgement can be made in this respect, therefore it is necessary to add a suitably worded condition revoking any installation of external lighting.
7.6 The proposed driving range and building is a one for one replacement basis and results in the centralisation of the main golfing facilities to one side of the main road. The proposal will see the immediate roadside areas revert back to agricultural use working towards improving on the overall appearance from a public perspective and reducing the spread of development across the countryside. The proposed driving range building is to sit back from the road and adjacent to the existing golf club house its position here is likely to have a limited visual impact and to present an improvement to the general site security. The existing access and car park surrounding the existing club house will remain unchanged and its use is not expected to be so materially different from existing use as to result in any intensification or any new highway safety issues. The centralisation of the facilities on the same side of the road is likely to help contribute to the overall health and safety of users by limiting the need to cross the main road. The proposal will result in an overall beneficial net gain of 3.6 acres of agricultural land and with a negligible impact on the wider character and appearance of the countryside.
CONCLUSION 8.1 The proposed replacement driving range, by reason of its proposed siting coupled with the existing driving range land being reverted back to agricultural use is considered to have an overall environmental improvement beyond the existing arrangement and not to adversely impact the countryside in line with GP3 and EP1. A condition requiring the agricultural land being provided prior to the coming into use of the new driving range is considered necessary. The proposal has been provided with an EIA and it is not expected to result in any significant effect on the surrounding environment beyond that of the existing facility. The proposal is not considered to result in any undue harm on surrounding woodland or habitats in line with EP3 and the principles set out in GP2 subject to two conditions revoking any external lighting at the site and the tree planting being provided. The proposal is compatible with the existing golf facility and is likely to improve the overall safety of its users by reason of it positioning on the same side of the road as the existing car park.
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. __
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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:...13.07.2020
Signed :...L KINRADE... Presenting Officer
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/NO 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.
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PLANNING COMMITTEE DECISION 13.07.2020
Application No. : 19/01376/B Applicant : Comis Holdings Ltd Proposal : Change of use of agricultural land to driving range and the erection of new driving range building, and the change of use of existing driving range land back to agricultural use including the demolition of existing driving range building Site Address : Part Field 510218 Comis Mount Murray Golf Club Santon Isle Of Man
Planning Officer : Miss Lucy Kinrade
Presenting Officer As above
Addendum to the Officer’s Report
The Committee unanimously accepted the recommendation of the case officer subject to slight amendment to the wording of condition 2 "shall be reverted back" should be changed to "shall be returned to agricultural use".
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