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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 20/00661/B Applicant : Apple Orphanage Company Limited Proposal : Widening and alteration to vehicular access, widening of existing track way to provide parking and creation of a turning circle Site Address : Field 310346 Apple Orphanage Ramsey Road Peel Isle Of Man

Planning Officer: Miss Lucy Kinrade Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 11.09.2020 __

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

C 2. Prior to the undertaking of any works including clearance, a written method statement for the details and timing of works to be undertaken within the watercourse, shall be provided to and approved in writing by the Department. The works shall be carried out in full accordance with the approved details.

Reason: to safeguard the watercourse and any fish within it.

C 3. The sod banks hereby approved for removal must be removed from the inside of the gateway and working outwards. If lizards are encountered during sod bank removal then all work must stop immediately and no further work can be undertaken (unless otherwise agreed in writing by the Department) until a lizard plan has been submitted to and approved in writing by the Department. The removal of the sod banks shall then be carried out in accordance with the approved measures.

Reason: in the interest of protecting potential lizards and allowing suitable migration into neighbouring habitat further along the banks.

C 4. The access and highways works hereby approved including visibility splays, internal track works, parking and turning areas shall be carried out in full accordance with the approved

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drawings and be made available for access, parking and turning at all times and visibility splays shall be maintained free from obstruction above 1.05m thereafter.

Reason: In the interest of highway safety.

N 1. The applicant is reminded of their obligation to seek a separate S109(A) Agreement with Department of Infrastructure in relation to the works onto the highway.

N 2. The applicant is to be reminded of their obligations under the Wildlife Act 1990 to not cause harm to the Island's wildlife. In this case attention has been highlighted to the onsite potential for nesting birds. The bird nesting season is usually between late February and late August or late September in the case of swifts, swallows or house martins. Thorough checks for birds, their active nests and eggs should be undertaken prior to clearance of vegetation. If a nest is discovered while work is being undertaken, all work must stop and advice sought from DEFA (Ecosystem Policy Team).

The Wildlife Act 1990 states: "All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to: o intentionally or recklessly kill, injure or take any wild bird o intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in use or being built o intentionally or recklessly take or destroy the egg of any wild bird o intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.

The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine up to 10,000 pounds."

This application has been recommended for approval for the following reason. Subject to those conditions relating to sod bank removal, the provision of a watercourse method statement and the construction of the access in full accordance with the drawings and visibility maintained free from obstruction, the application is considered acceptable and to comply with General Policy 3(f), Environment Policy 2, Environment Policy 4 and Transport Policy 4 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This application relates to the following documents all date stamped and received 25/06/2020: o Supporting Statement o Location Plan o 3x Orchard Infrastructure Site Plan o 5 x Photographic Reference o Concrete cobblestones o 2 x Site Photographs o Proposed Orchard Access Orthographic Top View onto A4 o 2x Proposed Orchard Access Front Elevation o 3x Proposed Orchard Access Frontage & Access - Artist Impression o 3x Proposed Orchard Access Side Section Elevation (looking N.E.) o 3x Orchard Infrastructure Orthographic Top View o Proposed Orchard Access Orthographic Top View onto A4 - MMFM Implementation o Proposed Orchard Access Orthographic Top View onto A4 - Swept Path Outwards o Proposed Orchard Access Orthographic Top View onto A4 - Swept Path Inwards o Proposed Orchard Access Orthographic Top View onto A4 - Construction Details o Proposed Orchard Access Orthographic Top View onto A4 - Signage Visibility

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This application also relates to the following two documents date stamped and received 20/07/2020: o Proposed Orchard Access Orthographic Top View onto A4 - Visibility Splays o Proposed Orchard Access Orthographic Top View onto A4 - Visibility Splays Comparison

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Interested Person Status - Additional Persons

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

12 Rhenwyllan Close, Port St Mary - as they are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan in accordance with paragraph 2B of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __

Officer’s Report

1.0 THE APPLICATION SITE 1.1 The application site comprises a parcel of land approx. 5.4acres on the eastern side of the A4 road linking Peel to Kirk Michael and south of the junction with Ballabooie Road.

1.2 The site (field 31046) is planted as an orchard and forms part of the established operation of the 'Apple Orphanage', a local business specialising in the production of handcrafted drinks made from local produce and home grown ingredients producing around 100,000 bottles per year.

1.3 Access into the site is currently via a typical agricultural gated entrance set back approx. 6m from the edge of the A4 and positioned almost opposite the farm entrance to Lynague Farm which is where the 'Apple Orphanage' is currently based within a rented stone barn.

1.4 Lynague Farm is a working farm. Its single access track is shared by farm vehicles, the 'Apple Orphange', the farm house and residents, and also forms part of a public footpath. The shared nature of the farm area often presents limitations in parking and manoeuvrability and can make deliveries to the site difficult with large vehicles.

1.5 Part of the business operation includes a community fruit exchange where locals can drop off ad-hoc home-grown produce to the farm for production, this fruit exchange provides an opportunity for the 'Apple Orphange' to engage with and educate their customers by promoting and detailing horticultural practices to ensure best practice in food production and promote Manx farming. At present the constraints of the existing shared track can often deter drop-off of produce, this is further exacerbated by the limited visibility from the existing farm access which makes exiting the site more challenging.

2.0 THE PROPOSAL 2.1 Approval is sought for alterations and improvements to the access into field 31046 and including upgrade works to an internal track and the creation of a new turning circle and delivery pad.

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2.2 The proposed works are to provide safer means of access and suitable manoeuvring for customers and haulage, parking and safe drop off for customers, suitable and safe loading and unloading for deliveries and increased space to facilitate ease of operation and to future proof any future social distancing needs.

2.3 The works proposed are summarised as follows; o Access gate widened to 6.5m; o Set back position of gates increased to 11m from edge of highway; o Access into site widened with vehicle route finished in concrete (designed to imitate cobbled stones); o Introduction of planted verges either side of widened access splays o Access defined by reinstated and new sod hedging and introduction of new stone wall and pillars either side of the new 6.5m wide access gates; o Internal hardcore track widened and the creation of turning circle (both to facilitate two way traffic); o Installation of concrete slab at end of turning circle 2.4m x 12.8m (facilitate deliveries); o Creation of customer and staff parking areas within the site (total of 21 spaces);

2.4 The proposed access works are to increase visibility to 2.4m x 45m in both directions. The existing access has visibility 2.4m x 17.5m in both directions.

3.0 PLANNING HISTORY 3.1 The site has not been subject to any previous planning applications. There is a contemporaneous application on the same site submitted by the same applicants for the erection of a temporary building for storage and retail use by the 'Apple Orphanage' PA 20/00765/B.

4.0 DEVELOPMENT PLAN POLICIES 4.1 The application site is within an area not designated for development and zoned as Area of High Landscape Value or Coastal Value and Scenic Significance identified on the 1982 Development Plan. Section 45 of the Town and Country Planning Act 1999 specifies that fruit growing is an agricultural practice. Section 6(3)(c) further states that the use of any land and any building occupied together with that land for purposes of agriculture does not constitute development. Therefore given the nature of the current proposal being improvements to an existing access serving an agricultural field and fruit growing operation the key policies to consider in the determination are General Policy 3(f) where development will not be permitted unless essential for the conduct of agriculture, Environment Policy 2 in seeking to protect the character and quality of the landscape and Transport Policy 4 where highways must be designed to safely accommodate the pedestrian and vehicle journeys generated. A watercourse runs along one edge of the site where there is potential for habitats, the site also identified as having potential for the common lizard as such consideration will be given to Environment Policy 4.

4.2 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: (f) building and engineering operations which are essential for the conduct of agriculture or forestry.."

4.3 Environment Policy 2: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the

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character of the landscape will be the most important consideration unless it can be shown that:

(a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential."

4.4 Transport Policy 4: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."

4.5 Environment Policy 4: "Development will not be permitted which would adversely affect:

(a) species and habitats of international importance: i. protected species of international importance or their habitats; or ii. proposed or designated Ramsar and Emerald Sites or other internationally important sites.

(b) species and habitats of national importance: i. protected species of national importance or their habitats; (1) Wildlife Sites are defined in Appendix 1 41 ii. proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or iii. Marine Nature Reserves; or iv. National Trust Land.

(c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats. Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."

5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 German Parish Commissioners - No objection (12/08/2020)

5.2 The Department of Infrastructure Highway Services - Do Not Oppose Subject to Conditions (28/07/2020). The proposal is acceptable in highway terms and overcomes a number of deficiencies of the existing field access in terms of safety and suitability, on a primary route (A4). The access has been designed to allow forward gear two-way entry and exit for vehicles using the site, including heavy goods vehicles overcoming existing reversing movements. A reduced gradient into the site from 13% to 5%, off road vehicle car parking, improved internal circulation, provision of surface water drainage and consolidated materials used nearest main road to prevent debris on road. Whilst the visibility splays remain below the standard they have been maximised and present an improvement over the existing. On balance, and when combined with the other alterations, make for a more than acceptable

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entrance and exit. Accordingly, conditions for the access, visibility splays, parking and turning areas to be provided in accordance with the submitted drawings is necessary and an advisory note for a S109(A) Agreement.

5.3 DEFA Fisheries directorate - original comments requested a deferral (31/10/2019) which was followed by a request for a 9m Water Course Form (25/06/2020). Most recent comments confirm Do Not Oppose Subject to Conditions (14/07/2020). The 9m Watercourse form has been received; the works are in close proximity to a watercourse and will likely to require the relocation of fish prior to river works commencing in order to safeguard fish including trout and eels. The following conditions are recommended:

o Any works to the watercourse bank and channel are restricted to the period July to September (inclusive). Reason: To avoid disturbance or injury to spawning fish, or to the spawn and fry of fish, during the season in which they are most at risk

o Works are conducted according to written method statements agreed in advance with the Inland Fisheries Section in order to allow DEFA fisheries to provide advice on a suitable approach to construction, in order to reduce the possibility of injury or disturbance of fish within the river.

5.4 DEFA Ecosystems and Biodiversity - comments (07/08/2020) Common lizards have been recorded in the surrounding area and can be associated with the sod banks and hedgerows together with areas of bare ground, exposed tarmac and concrete for basking. It is requested that a lizard survey is provided prior to determination with suitable and appropriate mitigation and Reasonable Avoidance Measures (RAMs) provided to ensure no harm is caused to the protected species in line with EP4. The applicant is also to be reminded that it is their responsibility to ensure compliance with Wildlife Act 1990 (lizards and nesting birds) and that the RAM's for the lizards should also take into account nesting birds and timing of works.

5.4.1 DEFA Ecosystems and Biodiversity - no objection subject to condition (10/09/2020) The sod banks along the roadside which need to be removed to facilitate the access currently have low suitability for lizards as they are overgrown, with a high sward height, no stonework within the base of the banks and few potential hibernacula features. Nevertheless there is still some potential that lizards may be present and therefore, if approved, the following condition is recommended: 'sod banks should be removed from the gateway out (inside out) so if any lizards are present they can escape in to neighbouring habitat. If lizards are encountered during sod bank removal then all work must stop immediately and advice sought from the Ecosystem Policy Team.' While there are other potential refuges on site these are disturbed on a regular basis meaning that the potential for use by common lizards is low. The informative note relating to the Wildlife Act 1990 and protection of nesting birds remains necessary to be added to any approval.

5.5 Operations Manager of Transmann LTD - In support (29/07/2020), Transmann have been delivering pallets to Apple Orphanage on a regular basis for many years and the current Lynague access is unsuitable for our vehicles due to the safety of our drivers and other road users and the proposed access to Field 310346 will be a significantly better/safer/more suitable means of access allowing drivers to drive straight in rather than using the current procedure where they have to pull across the main road to reverse in.

6.0 ASSESSMENT Introduction

6.1 Paragraph 7.14 of the Strategic Plan 2016 sets out that "use of land for horticulture, market gardens or nursery grounds is common on the Island and often found on sites in the urban fringe or free-standing in the countryside. Such uses can contribute to the economic activity of rural areas, but the requirement for buildings and adequate access and parking

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spaces means that such developments can be intrusive in the countryside. The development and expansion of such sites needs to be carefully managed particularly where there are traffic implications and in order to prevent the proliferation of buildings, which may include growing tunnels and external displays and greenhouses, leading to an adverse impact on the character of such areas."

6.2 The site continues to be planted as an orchard for the cultivating and production of handcrafted beverages as part of the established 'Apple Orphanage' business. The company has expanded over the years and their current premises in a stone barn on the adjacent side of the road has restricted some of their operation with difficulties in the delivery of goods, drop of for fruit exchange and limited manoeuvrability and shared surface issues. Further rented space is no longer available to them and alternatives require significant travel distances and times inefficient to the operation of the business.

Access and Internal Track

6.3 The access and highway works proposed form part of a much grander master plan for the site which ultimately seeks to support the continued operation and growth of the business. The immediate need for the site is to allow safe and efficient access for delivery vehicles and customers to drop off fruit exchange goods which contribute to a significant element of the business. The contemporaneous application for the temporary storage building (20/00765/B) would then seek to facilitate temporarily the operation from within the site until such a time that a permanent building can be funded and applied for (anticipated 3-5years) by which time the business will have a greater knowledge and understanding of the expanding business needs and requirements after a further few years of growth and increase to the orchard size.

6.4 The alterations to the existing field access have been carefully considered in collaboration with DOI who have accepted the proposals indicating that suitable access, egress and turning for the largest anticipated vehicles visiting the site has been provided for, visibility onto the main road has been increased in both directions compared with the existing and that the set back position of the gates and provision of off road parking will allow most vehicles to wait off the road and limit waiting or obstruction to the main road and in all will make for an improvement to the access and egress to the site beyond the existing arrangement.

6.5 Visually the works will present a considerable change to the streetscene and the proposed access and internal tracks will undoubtedly appear manmade compared to its rural surrounds and the existing agricultural gate which merges into the boundary hedging. However, the applicants design approach for the access has been modelled using features found across the Island's countryside, including hardcore tracks, grass verges, stone walling, sod banks and planted verges and the immediate surface between the road and gates is to be finished mimicking a cobbled stone surface. Although presenting a new feature in the streetscene, the access and tracks have been design to best take into account the rural setting of the site and is not considered to be a negative feature or to negatively impact on the wider quality or appearance of the area of the high landscape value.

Habitats

6.6 DEFA Fisheries have been in discussion with the agent and a 9m Watercourse Form has been provided. Fisheries do not oppose the application subject to a suitably worded condition requiring a written method statement first being provided to and approved by the Department. The method statement is to include details and timings of the works (including any specific works to the watercourse banks and channels which are to be restricted to July-Sept only) that are to be carried out on site. The method statement should also consider any necessary mitigation and protection measures to further ensure a suitable approach to construction and that the watercourse and its fish (or spawn or fry of fish) are properly safeguarded.

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6.7 DEFA Ecology highlighted that lizards have been reported in the vicinity and that there is potential for nesting birds. Initially a lizard survey was requested which was to include reasonable avoidance measures for lizards and nesting birds with consideration given to the timing of certain works to avoid further harm. The applicant was also reminded of their obligations to comply with the Wildlife Act 1990 in respect of protected species and nesting birds. DEFA Ecology has since carried out a site inspection and provided updated comments clarifying that the sod banks requiring removal have low suitability for lizards and that other potential refuge sites have low potential given the general level of disturbance already at the site, nevertheless the removal of the banks should be done in sections working from the inside out to allow any potential lizards to migrate to neighbouring habitat, and works stopping immediately should any lizards be found, a condition is recommended in this respect.

7.0 CONCLUSION 7.1 The use of the site is unusual in that it is planted as an orchard rather than used as a typical pasture or farmed field; nonetheless the site remains in agricultural use. The upgrading works to the existing field access will facilitate considerable highway safety improvements but also the relocation of the business access to the opposite side of the road will help towards reducing the demand on the existing shared access while providing increased manoeuvrability and parking for visitors off the road and a significantly increased visibility when exiting the site.

7.2 The design of the works sensitively acknowledges the orchard use of the site without resulting in any unacceptable or adverse visual harm to the surrounding AHLV. Comments have been raised in relation to the watercourse and habitats on the site and comments from each DEFA specialist have concluded that suitable conditions can be actioned to mitigate the impact of the development to an acceptable level.

7.3 The application is considered to be supportable subject to those conditions relating to the sod bank removal and lizards, the provision of a method statement for the watercourse and protection of fish and the construction of the access in full accordance with the details provided and its visibility maintained free from obstruction. The proposal is therefore considered to comply with General Policy 3(f), Environment Policy 2, Environment Policy 4 and Transport Policy 4 of the Isle of Man Strategic Plan 2016.

8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

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 above who should be given Interested Person Status

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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 can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 21.09.2020

Determining officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

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.