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20/01150/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/01150/B Applicant : Arbory And Rushen Commissioners Proposal : Works in connection with creation of public park including landscaping, creation of new pedestrian access, provision of parking and creation of running track. Site Address : Field 414532 And 414214 Barracks Road Port St. Mary Isle Of Man
Principal Planner: Miss S E Corlett Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 23.11.2020 __
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. The development must be undertaken in accordance with the approved plans other than the internal pathways which must be a minimum of 2m wide.
Reason: to ensure that the development is fully accessible by all users.
C 3. The development must be undertaken in full accordance with the biodiversity measures set out in Section 7 of the Architect's Design Statement received on 5th October, 2020.
Reason: to ensure that the development achieves the biodiversity objectives set out in the application.
C 4. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the remainder of the development. 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.
Reason: the landscaping of the site is an integral part of the scheme and must be implemented as approved.
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C 5. Prior to the first use of the site as a public park there must be provided bicycle parking within the site in accordance with a scheme which has been approved by the Department and the development must be undertaken in accordance with these details.
Reason: to ensure that the development is sustainable.
N 1. The applicant is encouraged to discuss the future management of the site with DEFA's Ecosystems Policy Office and also the prevention of the spread of Schedule 8 species in accordance with the Wildlife Act 1990.
N 2. The applicant is encouraged to discuss with the owner of the car park, the marking out of the spaces, the provision of cycle storage and electric vehicle charging points.
This application has been recommended for approval for the following reason. The proposal accords with the development brief in the Area Plan, General Policy 1 and Recreation Policies 3 and 4 of the Strategic Plan
Plans/Drawings/Information; This decision relates to the drawings 1906/01, 1906/02A, 1906/03, 1906/04, 1906/05 and 1906/06 and the planting and equipment details provided in the supporting information, all received on 6th October, 2020. __
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):
Southern Nomads as they do not refer to the relevant issues in accordance with paragraph 2C 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
THE SITE 1.1 The site is a parcel of land which links Church Road with Ballafesson Road and contains land which has permission for recreational pitches and associated development (served by a vehicular access off Barracks Road), landscaping and public open space. The site abuts existing residential development to the south west in the form of the Ponyfields and Ballakilley. The development of Ballakilley involved the introduction of tree planting along the boundary with this site. In between the site ad Barracks Road is the existing cemetery extension which is used for burial purposes. Rushen Parish Church lies to the north east of the site, across Barracks Road.
1.2 The site relatively flat and has only two points of access - one pedestrian access in the wall opposite Ballakilley Farm and the other vehicular access serving the rugby pitches.
1.3 The boundary with the Ponyfields is formed by a mix of walling, some of which has been damaged, and fencing.
THE PROPOSAL 2.1 Proposed is a range of works to enable the site to be accessed and used by the public for leisure purposes. The works which require planning approval include:
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The erection of a bandstand with temporary canopy The creation of a network of paths finished in recycled bonded rubber including access from the field between the church car park and the site The creation of two pedestrian access points off Ballafesson Road Creation of grass mound up to 1.8m in height adjacent to Ballafesson Road
Other works which are shown on the plans but which would not require planning approval as they are either not development or Permitted Development include:
The introduction of landscaping The erection of seating, kiosk (Class 12 Part 1 of the Town and Country Planning (Permitted Development) Order 2012 amended 2019 Installation of a bat box (not development due to its size) Installation of dog agility and adult exercise equipment (not considered development due to its size) Installation of signage (Permitted Development Class 12)
2.2 The applicant provides supporting information, explaining that the proposal cumulatively proposes the creation of a public park incorporating a walking/running track, dog exercise area, pedestrian access points from the adjacent public highway, landscaping and planting which modifies the approved scheme (13/00777/B) for Ballakilley. The scheme aims to be sympathetic to both the desire to create a public facility and to respect the dignified setting and use of the church and churchyards.
2.3 They intend that the planting will encourage biodiversity by creating a natural landscape with the encouragement of insects, birds and general wildlife. Interpretation boards and sculptures will help inform people about nature.
2.4 They refer to further planning applications for the bandstand and refreshment kiosk and toilets, some of which may constitute Permitted Development (see below).
2.5 The children's playground will comprise natural material for the activities and the proposed grass mounds will create vantage points and a more undulating landscape.
2.6 They envisage that most people will walk to the site although pedestrian access points are proposed off the adjoining highways and Southern Nomads, the current occupants of the sports pitches, have agreed that their car park can be used when it is not required by them. The new pedestrian access points will comprise staggered barriers to prevent users running out onto the pavement and will allow pram and wheelchair access.
2.7 They explain that the pathways and the surface of the play area will be finished in SUDS bond which is resin bonded recycled rubber which creates a suitable, durable surface and is wheelchair and pram friendly. The fitness areas and the playground will have a similar finish which gives the appearance of a bark chippings material which is hygienic and appropriate cushioning for falls. Natural drainage of the site will be used wherever possible and water attenuation introduced which will improve habitats and increase biodiversity.
2.8 The proposed changes to the approved landscaping scheme involve the removal of saplings which have not thrived and have been damaged: these are to be replaced with more robust local stock. The previously approved groups of trees which will create a landscaped effect but without adversely affecting the outlook from the Ponyfields houses has been respected. The trees to be used include hawthorn, blackthorn, wych elm, holly, silver birch, hazel, field maple and oak. Insect hotels and bee bricks will be incorporated within a nature area marked on the plan and bird boxes incorporated in any new permanent structures. The perimeter of the site will be left to grow as natural wild grassland, thickets and shrubs along the boundary with the residential area will create protection for insects and birds and a nature garden will be created which will utilise a variety of local planting to encourage wildlife including a wheelchair friendly access.
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2.9 Lighting is referred to as being an important consideration as several species of bat, barn owls and long-eared owls have historically been recorded in the area. They are aware of the Bat Conservation trust's document and they will provide only low level artificial lighting in bollard form.
2.10 The scheme was devised after having had discussions with Southern Nomads, Rushen Parish Church, local youth groups, the owners of Ballakilley Farmhouse and those directly alongside within the Ponyfields, Ballakilley and the public.
2.11 Following concerns raised by the Highway Authority, the applicant has provided further information including the offer of the provision of cycle parking (5 Sheffield type bicycle stands) near the car park entrance. As these do not fall within the Permitted Development elements, a condition should be attached to require details of this and their provision.
PLANNING POLICY 3.1 The site lies within an area designated on the Area Plan for the South as Open Space for a particular purpose (the Ballafesson side) and Playing Fields/Public Open Space/Cemetery Extension (proposed) (the Church Road side). There is also a development brief in the Written Statement which includes the following:
4.63.4 The Department recommends that part of the site would be suitable for housing; indeed, there is an opportunity to soften the rather abrupt eastern edge to the Ponyfield's development. However, it is also important to ensure that the separate identities of Port Erin and Ballafesson are protected by the provision of an effective Green Gap between the two. Protecting the setting of Rushen Church and its environs is also a priority. In addition to housing, other uses which should be integral to an overall scheme include an extension to the cemetery, a sports pitch/training pitch and associated facilities, public open space for play and general amenity and an element of public car parking. Analysis of the current provision of formal open space within Port Erin has been undertaken using the Open Space requirements within the Isle of Man Strategic Plan, 2007 (Appendix 6). This would suggest that based on the 2006 population levels in Port Erin there is a requirement of 6.44 ha of formal open space. The current provision of such land in Port Erin is 2.86 ha. The overall shortfall of 3.58 ha can be accommodated at Ballakilley on the land designated for such uses.
4.64 Development brief 23: 8. Public Open Space All land identified as public open space must be designed and retained for the long term for the purposes of play and amenity (unless it forms the area identified for the cemetery extension - see point 6 above). Planting and landscaping methods must be suitably designed with convenient footpath access. The possibility of incorporating community woodland should be explored as part of any scheme.
3.2 It is also relevant to consider the following Strategic Plan policies which are applicable for this site:
General Policy 2:
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:
(a) is in accordance with the design brief in the Area Plan where there is such a brief; (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; (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;
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(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; (j) can be provided with all necessary services; (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; and (n) is designed having due regard to best practice in reducing energy consumption.
Recreation Policy 3: Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan.
Recreation Policy 4: Open Space must be provided on site or conveniently close to the development which it is intended to serve, and should be easily accessible by foot and public transport.
PLANNING HISTORY 4.1 The site has been the subject of the application for the housing estate that is now known as Ballakilley (13/00777/B), the applications for the rugby club facilities and extension of the church car park (15/01320/B, 14/01075/B).
REPRESENTATIONS 5.1 Highway Services initially expressed concern about the width of the internal pathways (should be 2m not 1.8m) and the hit and miss entrance which in their view should be bollards and they also advise that the parking spaces should be marked out and provision made for disabled users and larger passenger vehicles. They recommend bicycle parking and electric vehicle charging points (27.10.20). They provide a further response following the submission of further information from the applicant, as follows (24.11.20):
"The additional information is acceptable by proposing alterations. This covers the widening of paths to 2m and to provide the provision of five bicycle parking spaces near the car park entrance and a similar number of seats within the park. Consideration is to be given to marking out or designating an area for car parking spaces for use by those with mobility impairments and those travelling in larger passenger vehicles as well as to provide electric vehicle charging points. Bollards are preferred on entry to the paths as these are not intended just to prevent unauthorised vehicles from entry, but make it easier for those using wheels to negotiate entry and exit onto the paths in accordance with current guidance. Notwithstanding, the chicane barriers suggested would have adequate clearance at 1.5m. To ensure installation conditions should apply to any planning consent granted.
The proposal raises no significant road safety and highway network efficiency issues.
The additional details are satisfactory to avail the earlier concerns of Highway Services. Accordingly, opposition to the proposal is withdrawn and replaced with a response not objecting on conditions being applied to cover 2m wide paths, bicycle parking, seats and barriers at 1.5m spacing." 5.2 Rushen Commissioners support the application (19.11.20).
5.3 DEFA Ecosystems Policy Office comment on 09.11.20 as follows:
"It is great to see that wildlife has been a prime consideration within the park plans and measures such as the bat boxes, wild grassed areas and nature garden are really welcome additions for wildlife.
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Should the application be granted approval please can you attach conditions to secure the following: The Biodiversity measures detailed in 7.0 of the Architects Design Statement, Planting to be undertaken with the species as listed in Appendix IV of the Architects Design Statement. A Schedule 8 invasive plant species eradication plan to be created by a suitably qualified ecological consultancy which should be submitted to Planning for written approval prior to works taking place. Additionally, to ensure that the public park will be beneficial and managed appropriately for nature in the long-term, we request a condition for the creation of a whole site management plan to be created in consultation with a suitably qualified ecological consultancy which should be approved in writing by the Planning Directorate. If undertaken as planned this area should be a brilliant example of how landscaped areas and parks can be created in such a way as to be of benefit to both people and wildlife. There is also potential for the park to provide valuable environmental education for all ages in the future and we encourage the applicant to get in contact with the DEFA Ecosystem Policy Team if they require any further advice."
5.4 Southern Nomads who operate the sports pitches and car park, support the application, welcome all the items laid out and believe that cumulatively the proposal and the sports pitches will be a huge asset to the local community (16.11.20).
ASSESSMENT 6.1 The proposed use is consistent with the land use designation. This issue in this case is whether the proposed development would have any adverse impact on the character and appearance of the area or the living conditions of those in nearby dwellings and it is also necessary to consider whether the proposal would have any impact on highway safety.
Character and appearance of the area 6.2 The works will largely enhance the character and appearance of the area, retaining the open nature of the space but introducing features not inconsistent with such a place. The existing regimented planting on the boundary with the residential development will be replaced and enhanced with grouped planting which will allow a more natural appearance whilst permitted views through it into the open area.
6.3 The mounded areas will not create unsympathetic features on this site: at Fairy Hill there is a feature of archaeological interest and whilst the topography of the existing site is relatively flat, that to the north west is much more undulating. What is proposed will be consistent with that.
Living conditions of those in adjacent dwellings 6.4 The most immediate impact on those living alongside the site will be the landscaping although this will be very similar to what had approval under the earlier applications. The running/walking tracks are as close as 6m from 14, Fleshwick Close and 4m from the rear garden of 11, Magherdonnag although at present, in the case of the latter property, the adjacent land is already used as recreational space so there should be no increased or significantly different impact on these residents.
Highway Safety 6.5 There are to be new pedestrian entrances from Ballafesson Road which are to be provided with barriers to prevent pedestrians running straight out onto the road but will also facilitate pram and wheelchair use. Highway Services are now happy with the proposal. Whilst there would be benefit from the marking out of the car park, the bicycle parking and the electric vehicle charging points, the car park is vested in another party and the applicant cannot implement these works although they have advised that they will contact the operator of this part of the site with these suggestions.
Ecology
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6.6 Whilst a management plan would be beneficial, there is no requirement for the scheme to achieve any particular level of environmental or ecological enhancement: the site is presently a field and what is proposed is the introduction of a more varied landscape and biodiversity. As such it is not considered appropriate to attach a condition requiring a management plan although this could be put to the applicant by way of a note encouraging them to do this. If there are any Schedule 8 species on the site, this needs to be managed through the Wildlife Act rather than the planning system and again, this should be a note, not a planning condition.
CONCLUSION 7.1 It is considered that the proposal accords with the development brief in the Area Plan, General Policy 1 and Recreation Policies 3 and 4 of the Strategic Plan and is supported.
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 in Article 4(2) 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 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 : 25.11.2020
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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