11 October 2019 · Planning Committee
Land Opposite, Field 433209, Langness Road, Castletown, Isle Of Man, IM9 1ua
Langness Golf Course Ltd proposed a single-storey, earth-mounded building resembling a stingray shape, covering 60 sqm, with a 2.8m high principal glazed elevation facing northwest over coastal habitats, clad in stone and timber, accessed via a footpath with 8 standard parking spaces plus one disabled bay using reinfor…
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The proposal was accepted in principle under GP3(h) as a building for interpretation of wildlife and heritage in unzoned countryside.
General Policy 3
Permits development outside zoned areas for buildings required for interpretation of countryside, wildlife or heritage (h). Officer assessed proposal as a bird hide/education centre directly meeting this exception in sensitive unzoned ASSI.
Environment Policy 4
Prohibits development adversely affecting ASSIs and protected habitats. Assessed via EcIA and DEFA comments; potential impacts on saltmarsh, insects, birds led to conditions minimising disturbance rather than outright refusal.
Environment Policy 5
In exceptional cases affecting ENV4 sites, requires conditions to minimise disturbance, conserve ecology and mitigate loss. Conditions imposed for method statements, exclusion zones, timing to meet this.
General Policy 2
Requires development to respect site/surroundings in scale, design, ecology, highways. Earth-mounded design respected open coastal character; parking met TP7 standards.
Environment Policy 40
Prohibits damage to archaeological sites. Conditioned programme of archaeological work due to Langness potential.
Transport Policy 7
Requires parking per standards. DOI confirmed spaces met Manual for Manx Roads.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Use restriction
The building hereby approved may only be used as an observation and educational facility for the purposes of interpreting the Islands countryside, wildlife and heritage.
Construction timing
All works relating to the development hereby approved including any clearance works shall only be carried out between the periods mid-August to March (inclusive).
Construction method approval
No development including any clearance works shall commence on site until full details have been first submitted to and approved in writing by the Department showing the construction method and programme of construction for the hide building and all parking areas and associated access paths and including full details as to all materials to be used and information regarding the handling or importation of any turf or other minerals or materials to the site. The details must also include construction exclusion zones and any other protection measures to be implemented on site during the carrying out of the approved development. The works shall not be carried out unless in accordance with the approved details.
Archaeological programme
No development including clearance works shall commence on site until a programme of archaeological work, to include excavations where required, has been submitted to and approved in writing by the Department. The programme shall indicate the degree of supervision by a qualified archaeologist. The development shall not be carried out unless in accordance with the programme of archaeological work so approved.
Protective fencing
No site works or clearance shall be commenced until the protective fences and ground protection measures detailed on drawing P02 and email from the agent dated 06/12/2018 have been erected and installed at the site, unless otherwise approved in writing by the Department. These protections measures must not be removed until the development has been completed. The protected fenced areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved works.
Parking provision
The development hereby approved shall not be occupied or come into use until the parking and turning areas have been provided in accordance with the approved plans and method statements. Such areas shall not be used for any purpose other than the parking and turning of vehicles and shall remain free of obstruction for such use at all times.
No external lighting
There must be no external lighting or illumination, unless subject to and determined as part of a separate planning application.
Entomological survey
No development or clearance works shall commence until an entomological survey has been submitted to and approved in writing by the Department. The survey shall identify impacts on species together with mitigation, where appropriate, including a timetable for its implementation. The development shall not be carried out unless in accordance with the approved details.
Removal if use ceases
In the event that the building is no longer required for its approved use or the approved use ceases for a period longer than 365 days, whichever is the earliest, the development hereby approved shall be removed and the land restored in accordance with a remediation scheme to be submitted to and approved in writing by the Dept. The remediation scheme shall be submitted to the Department within 3 months of the date of the use ceasing, unless otherwise agreed in writing. The remediation scheme shall include details of, but not limited to; all works to be undertaken (building and parking and access paths), timing/timetable of works, proposed remediation objectives and remediation criteria, removal/importation of materials, protective fencing/exclusion zones, site management procedures. All works shall be carried out in accordance with the approved details.
Agreeable in principle if effects minimised via conditions on construction methods, timing, maintenance; consent under Wildlife Act also required
Do not oppose subject to parking provided prior to use
Invaluable facility for interpretation, boosts awareness and habitat enhancement
Great benefit for birdwatchers and education, attracts next generation
Positive effect on environment, condition for removal if use ceases
Benefits wildlife awareness, aligns with policy
Mixed responses to planning application 18/01269/B for a bird hide and wildlife education centre at Langness, with DEFA Biodiversity and Highway Services recommending conditional no objection, Manx National Heritage raising concerns but not objecting, Malew Parish Commissioners objecting, and one public supporter.
Key concern: Damage to ASSI special interest features including nesting birds, wintering waders, and protected species like viviparous lizard
Ecosystem Policy Team, DEFA
Conditional No ObjectionWe accept that this development has benefits for the peaceful appreciation of the wildlife in this protected area and are therefore agreeable to the principle of this development if the effects can be minimised.; Consent under the Wildlife Act will be required in addition to Planning consent.
Conditions requested: Method statements for the construction of the parking areas, paths and hide must be submitted to the Planning Directorate for written approval prior to the commencement of the development, including details of the materials to be used.; An Ecological Clerk of Works must be appointed by the applicant to oversee the development.; A plan for the ongoing maintenance of the hide and the surrounding area including the grassland and scrub areas must be submitted to the Planning Directorate for written approval prior to the commencement of the development.; The construction of the hide is restricted to the period mid-August to March inclusive.; Consult with the Ecosystem Policy Team prior to the approval of the method statements
Highway Services Division
Conditional No ObjectionHighway Services does not oppose the application subject to a planning condition...; Recommendation: DNOC
Conditions requested: parking and vehicle maneuvering areas to be provided prior to first use of the development, and permanently retained as such unobstructed thereafter for parking use only
Manx National Heritage
Conditional No Objectionuse of a precautionary approach and the presence of an Ecological Clerk of Works (ECOW) during works is judged to be proportionate; potential for artefacts of archaeological significance
Conditions requested: Reasonable Avoidance Measures (RAMS) or Method Statement (MS) detailing the precautionary approach and appropriate action if a viviparous lizard is located during works; Desk-based assessment of the site... which may lead to some form of survey; Method Statement of how potential archaeological finds would be dealt with and reported
Malew Parish Commissioners
ObjectionThe Commissioners OBJECT to this application for the following reasons:
Ian Costain
SupportI should like to support this application.; In supporting this very positive project, I see its potential as the catalyst towards other low-visual-impact, high-community-gain opportunities for the future.
Ms Wendi Carter
Objectionwill this not effect the nesting birds; there is far to much traffic going out there on a daily basis
