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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/01269/B Applicant : Langness Golf Course Ltd Proposal : Erection of building to act as Bird Hide and Wildlife Education Centre, with associated parking and access works Site Address : Land Off Langness Road Opposite Field 433209 Langness Road Castletown Isle Of Man
Planning Officer: Miss Lucy Kinrade Photo Taken : 06.03.2019 Site Visit : 06.03.2019 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 30.09.2019 __
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 hereby approved may only be used as an observation and educational facility for the purposes of interpreting the Islands countryside, wildlife and heritage.
Reason: The countryside is protected from development and an exception is being made on the basis that the use is in accordance with the GP3 (h), and the building must be used for the purposes for which it is approved. Any other use would need to be considered as part of a separate planning application.
C 3. 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).
Reason: To safeguard and protect nesting birds.
C 4. 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
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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.
Reason: To ensure the satisfactory preservation of the ASSI.
C 5. 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.
Reason: To ensure that archaeological remains and features are adequately recorded.
C 6. 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.
Reason: To safeguard the protected areas of the ASSI and minimise ground disturbance.
C 7. 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.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
C 8. There must be no external lighting or illumination, unless subject to and determined as part of a separate planning application.
Reason: In the interests of visual amenity and local habitats and species.
C 9. 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.
Reason: To provide adequate safeguards for insects.
Plans/Drawings/Information;
The approval relates to drawing numbers P01 and P02, 6 page Brief Planning Statement and an Ecological Impact Assessment all date stamped and received 29/11/2019, an email from the agent dated 06/12/2018 and additional information from the Ecological Impact Assessment date stamped and received 14/01/2019.
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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 6(4):
o The owners of Balladoyle, Fort Island Road, Derbyhaven as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy
o The owners of the following properties as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy, and 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:
o Thie Yuan, Fistard, Port St Mary o 30 Cronk View Crescent, Ballakilley, Colby o Ronaldsburn, Derbyhaven o 79 Malew Street, Castletown
o A representative/owner of Langness Holiday Cottages as they 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.
It is recommended that the following organisation 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 6(4) as they do not own or occupy property that is 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 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 Department's Operational Policy on Interested Person Status (July 2018):
o Manx National Heritage o Manx Bird Life o Manx Ornithological Society o Cedas Foundation __
Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE OFFICER IS RECOMMENDING APPROVAL AND THE LOCAL AUTHORITY HAS MADE WRITTEN REPRESENTATIONS OBJECTING TO THE APPLICATION.
1.0 THE APPLICATION SITE
1.1 Langness is a boot shaped peninsula that protrudes from the south east coast of the Isle of Man just a short distance south of Derbyhaven and around 2km from the centre of Castletown. Towards the northern end of Langness and nearest Fort Island Road is an existing golf course (Castletown Golf Links) and St Michaels Isle, to the southern end stands Herring Tower beyond which the peninsula kicks down to a point where sits Langness lighthouse and cottages all access via a minor public highway (D74) which traces along the western coast.
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1.2 Langness is designated as an Area of Special Scientific Interest (ASSI) and also as a wild bird sanctuary.
1.3 The application site of this application forms a small parcel of land located along the western coast of Langness and situated part way between the junction of Fort Island Road and The Herring Tower car park.
2.0 PROPOSAL
2.1 The application proposes the erection of a building to be used as a wildlife education facility and bird hide.
2.2 The proposed earth mounded building is to be situated on a small out jut of land just west of the road and facing predominantly north-west over the foreshore and towards Derbyhaven and Castletown.
2.2 The proposed building is shaped somewhat like a stingray, with the earth mound sloping upwards from the south and terminating at the northern most 2.8m high principle elevation which is to comprise a central body of glazing with 180 degree views over the coast and to be clad predominantly in stone and finished with timber boarding detailing.
2.3 Access into the building will be through a cut section of earth at the rear southern side, this entrance walling will similarly be clad in stone and finished with timber detailing and doors.
2.4 The single storey building is to cover a total floor area of around 60sq m, about 15 sq m of which if to be used for general storage due to the lower levels of the roof due to the sloping nature of the building's design.
2.5 Access to the proposed wildlife facility is to be via a 1.5m wide path that winds through an existing area of grassed and scrub land. This path is to be formed with ground protection matting in filled with shingle and gravel. Around 36m south-east of the building as the crow flies on an area of grassed land abutting the west of the small public highway is to be a proposed drop off and parking space for disabled use. This area is to be installed with reinforced matting above the existing ground and installed with posts to define extents of the area.
2.6 A further 22m south again is to be an additional 8 parking spaces proposed abutting the eastern side of the road and formed from cutting back existing scrub land, on the adjacent side if to be a small cut back area to provide space to manoeuvre in and out of these spaces. The area is to be finished with reinforced matting laid over the exiting ground and the extents of the parking and manoeuvring area to be posted preventing movement of vehicles over the adjacent land.
2.7 Drawings for the application outline areas where protective fencing and ground protection is to be installed around the proposed site. The application has been submitted with an Ecological Impact Assessment (EcIA).
2.8 The agent/applicant requested a deferral on the application dated 03/06/2019 to allow time for an entomological survey to be carried out at the site. It was confirmed 15/08/2019 that they were unable to do this survey and requested that the application progress to a determination without this information.
3.0 PLANNING HISTORY
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3.1 There have been a number of applications submitted across various locations of Langness, most of these relate to existing buildings such as the existing lighthouse and cottages and the old Castletown Golf Links building. There have been no applications considered specially material or relevant in the case of this application.
4.0 PLANNING POLICY
4.1 The site lies within an area designated on the Area Plan for the South 2013 as being; o Not designated for any particular use (open space/white land) o a confirmed ASSI o an area of ecological importance o a bird sanctuary, and o within zone E11 on the landscape character assessment map
4.2 Due to the nature of the development and the land zoning it is relevant to consider the following paragraphs and polices from the Area Plan for the South 2013:
4.3 Langness (E11):
"The overall strategy is to conserve the character, quality and distinctiveness of the coastal area with its rich ecological habitats, open and expansive panoramic views, and to conserve the tranquil and rugged character of the area with its numerous sites of archaeological importance, such as the former mines and former smelt mines. Key Views: Panoramic, open views across surrounding, ever-changing seascape, from several points along the peninsula, in particular from Dreswick Point (at the southernmost tip). Dramatic views northwards from St. Michael's Island, along the north eastern shore. Open views across Castletown Bay to the west"
4.3 Paragraphs 3.23 - Implications of the Landscape Character Assessment:
"i. To protect and enhance the identity of Ballasalla by conserving the rural character of the adjacent landscape. ii. In terms of Langness, to resist any development that would detract from the unspoilt character and appearance of the rugged coast or from the sense of openness in the area. iii. Protection of the tranquil, rural character of the area with its open views. iv. Sensitive location of new buildings and the use of screen planting. v. Avoidance of physical or visual amalgamation of roadside housing."
4.4 Paragraph 5.3.2
"...the lesser mottled grasshopper is found at Langness, the only known site in the British Isles. Langness is a 'tombolo', a unique feature on the Island, and has a number of rare habitats above and below the water. There, the most important roost of wading birds on the Isle of Man can be found and possibly the best area of saltmarsh. Waterfowl are relatively abundant around the southeast coast and inland there are small areas of reedbeds, which are a rare habitat on the Isle of Man..."
4.5 Paragraph 5.4.1 - Areas of Special Scientific Interest (ASSI)
"There are, within the Plan Area, four Areas of Special Scientific Interest (ASSI) which have been designated as such under the Wildlife Act 1990: 1. Langness, Sandwick, and Derbyhaven - for protected species, salt marsh, intertidal and coastal habitats and important geological exposures;..."
4.6 Paragraph 5.5.3 - Wildlife Sites and Areas of Ecological Interest (AEI)
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"Areas of Ecological Interest (AEI) are marked on the Constraints Map (Map 1) to indicate places of known wildlife interest which have not yet been surveyed in detail or scientifically evaluated. Until Wildlife Sites, Areas of Special Scientific Interest or other designations have been identified within them, Areas of Ecological Interest will be subject to a precautionary approach when development is proposed in such areas. Proposed development which affects any designated Wildlife Sites will also be considered from a precautionary view point."
4.7 Paragraph 5.8.1 - Important Bird Areas and Ramsar Sites
"There are three identified Important Bird Areas in the South, these being the Isle of Man Sea Cliffs, The Calf of Man, and the Isle of Man Hills. There are also 2 Bird Sanctuaries; at Langness, Derbyhaven and Fort Island, and at Ballamodha. The Southern Coasts and Calf of Man have been recommended for designation as a Ramsar Site of International Importance."
4.8 Landscape Proposal 22 states:
"The design of any new or replacement buildings on Langness should be such as not to increase significantly their landscape impact and should be so designed as to respect the location of, and facilitate public access to, the promontory fort on Langness known as Hango Broogh."
4.9 The following policies from the Isle of Man Strategic Plan 2016 are also considered relevant in the assessment of the application:
4.10 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: (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."
4.11 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."
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4.12 Environment Policy 5:
"In exceptional circumstances where development is allowed which could adversely affect a site recognised under Environmental Policy 4, conditions will be imposed and/or Planning Agreements sought to: (a) minimise disturbance; (b) conserve and manage its ecological interest as far as possible; and (c) where damage is unavoidable, provide new or replacement habitats so that the loss to the total ecological resource is mitigated."
4.13 Environment Policy 22:
"Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution."
4.14 Environment Policy 40:
"Development will not be permitted which would damage, disturb or detract from an important archaeological site or an Ancient Monument or the setting thereof."
4.15 Environment Policy 41:
"The Department will require that archaeological evaluations be submitted prior to the determination of proposals affecting sites of known or potential archaeological significance. In cases where remains are affected but preservation in-situ is not merited, the Department will expect to secure excavations and/or recording in advance of construction work either by the imposition of suitable conditions attached to a planning permission or through a formal agreement entered into with the developer."
4.16 General Policy 2 states:
"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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (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; (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; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
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(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."
4.17 Transport Policy 7:
"The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
5.0 REPRESENTATIONS
Copies of representations received can be viewed on the government's website. This report contains summaries only.
CONSULTEES
5.1 Malew Commissioners - OBJECT (10/01/2019)
5.1.1 This area is not zoned for development and is designated as an ASSI. The proposal is an operation likely to cause damage to the special interest of the site.
5.2 DEFA Senior Biodiversity Officer (SBO) - DEFER (03/01/2019) and COMMENTS (14/02/2019)
5.2.1 The ASSI is designated for its fauna, flora, geology, geomorphology and landscape. It is the only site in the British Isles where the lesser mottled grasshopper has been recorded (found in short grass around rock outcrops), it is home to the Islands largest salt marsh, and is an important area for diverse habitats, insects and a large number of wintering and migrant birds comparable to the range of bird found at the Calf of Man bird observatory.
5.2.2 The proposal will bring benefits to the peaceful appreciation of the wildlife in this protected area and therefore DEFA are agreeable in principle to the development so long as the effects can be minimised. Consent under the wildlife act will be required in addition to planning consent.
5.2.3 There remains concern that a number of details have not yet been determined including: the handling of turf and minerals, the surfacing of paths and parking areas, the construction of the hide and the future maintenance of the site. As such suitably worded conditions should be added to address each part and in ensuring minimum levels of disturbance to the ASSI;
5.2.4 Recommended conditions: (1) Method statements for the construction of the parking areas, paths and hide, (2) Ecological Clerk of Works must be appointed to oversee the development, (3) A plan for the ongoing maintenance of the hide and the surrounding area including the grassland and scrub areas, (4) restriction of construction times to the period mid- August to March inclusive.
5.3 DOI Highway Services - DNOC - Do not Oppose Subject to Condition (04/02/2019)
5.3.1 Access is via an existing private road wide enough for single file traffic. It does not form part of the public highway and vehicle movements should be low. The private road connects to Fort Island Road via an existing junction which is to remain unchanged. The application states that the largest vehicles would be dropping off at the site and parking in the existing car park nearest lighthouse. There would be 8 new parking spaces sufficiently sized to meet with the standards of the Manual for Manx Roads and would have an adjacent aisle width to provide
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adequate manoeuvring room. The disabled bay does not meet size standards but there is enough room to accommodate this. It is difficult to estimate the site parking demand but should overspill parking be required this would likely be available within the existing car park south of the site. DOI recommended a condition requiring all parking and manoeuvring areas being provided prior to the first use of the development and permanently retained as such thereafter.
5.4 DOI Highway Services -ADDITIONAL COMMENTS
5.4.1 The road serving the site is in fact a public road not a private road as incorrectly stated previously. There is also a public footpath running through the site. This does not change the highway recommendation on the application, but it is suggested that the applicant considers providing passing places adjacent to the public road to facilitate two-way traffic which would be achievable as the applicant owns the land either side of it. However, if this was not undertaken it is considered that two vehicles would drive partly over the adjacent grassed areas to pass each other which should not cause a highway safety problem.
THIRD PARTY COMMENTS
5.5 Manx National Heritage (MNH)- COMMENTS (20/03/2019)
5.5.1 ECOLOGY o The EcIA refers to viviparous lizards but no survey was actually conducted. In consideration of this it would be necessary to undertake a survey including 7 site visits in appropriate weather. Viparous lizards are a protected species. If unmitigated the proposal may result in an offence to the Wildlife Act 1990. The use of an Ecological Clerk of Works and the provision of a Reasonable Avoidance Measures (RAMS) or a Method Statement (MS) detailing appropriate precautions and actions if these lizards are found is welcomed.
5.5.2 ARCHAEOLOGY o MNH are not aware of any archaeological finds at the specific site, but there is evidence of human activity on nearby sites (St Michaels Isle) dating from the Mesolithic period through to 17th Century. The abundance of finds indicates that the Langness Peninsular has potential for artefacts being found. The application does not give consideration to this and MNH recommend an assessment of the site and a method statement of how potential archaeological finds would be dealt.
5.6 An Island Biodiversity Consultant (EcIA) - COMMENTS (24/01/2019)
5.6.1 A correction has been submitted with regards to the EcIA and lizards at the site. The EcIA incorrectly states a lizard survey was undertaken, this was not the case. Comments by MWT and provides advice on lizard precautions, but also acknowledges that the area is not a suitable habitat and there are no records of lizards for the site. No lizards were seen during botanical or other surveys.
5.7 A representative of Manx Bird Life - SUPPORT (17/01/2019)
5.7.1 The proposed development will provide an invaluable facility for the interpretation of the natural heritage and wildlife found at Langness and will boost the awareness of and generate opportunities to enhance the natural habitats of Langness, Derbyhaven and Sandwick for the benefit of the birds and wildlife. 5.7.2 The Manx Bird Life have been consulted from the outset and have been advising the applicant on matters of the application and which they continue to advise to ensure that the proposal will be 'exemplar for purpose', that the works will avoid disturbance to wildlife, that the long term outcome is positive to the wildlife and is a valuable asset to the local community.
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5.8 Secretary of Manx Ornithological Society (MOS) - SUPPORT (22/01/2019)
5.8.1 Langness is one of the most important bird watching sites in the IOM with no facilities for bird watchers. The facility will be of great benefit to attract the next generation of bird watchers and improve the understanding of our important biodiversity (likely used by schools and youth groups). 5.8.2 These comments also declare that the chairman of the society has not been involved due to his professional position within DEFA.
5.9 The owners of Balladoyle, Fort Island Road, Derbyhaven - SUPPORT (24/01/2019)
5.9.1 In support of the proposal which will likely have a positive effect on the natural environment and unlikely to impact their dwelling along Fort Island Road. A condition should be added to ensure the building is removed and the land restore to its natural state should the use cease to prevent future land owners treating the site as previously developed land.
5.10 The owner of Thie Yuan, Fistard, Port St Mary - SUPPORT & COMMENTS (11/02/2019)
5.10.1 Two thirds of bird species are found at Langness and the proposal for a well camouflaged bird hide would benefit all members of the public and increase the wildlife awareness of the peninsular. The proposed development is a potential catalyst for similar opportunities in the future that could benefit other heritage assets found at Langness. The proposal is in spirit of both planning policy and legislation (reference to General Policy 3 (h) and Environmental Policy 5 (a), (b) and (c), and in respect of Langness Landscape Character Assessment).
5.10.2 The proposal may create additional traffic and which could cause highway safety concerns particularly as wooden stobs and high kerbs have been installed limiting manoeuvring for vehicles to allow others to pass.
5.10.3 Given the impact reduction recommendations to be implemented the impact of the proposal will be neutral. The ASSI stands to benefit not just from careful consideration but active management and community engagement.
5.10.4 The proposed drawings do not indicate the public right of way(PRoW) which runs to the south of the site, this PRoW forms part of the Raad ny Foillan, and that the road as indicated by DOI highway as being private is in fact a PRoW for vehicles.
5.10.5 The comments also outline a number of non-material considerations including existing notices displayed at the site and grazing of animals on the ASSI and operations undertaken outside of the site.
5.11 A representative of Langness Holiday Cottages - COMMENTS (14/01/2019)
5.11.1 No objection in principle, however there is concern for a potential increase in traffic on a single track road and the consequential safety of pedestrians in the area. Also increased risk of vandalism of through access to facility after dark.
5.12 The owner of 30 Cronk View Crescent, Ballakilley, Colby - OBJECT (07/03/2019)
5.12.1 Proposal will result in increased traffic impinging on the ASSI with drivers not familiar with the area moving over grass verges and damaging the ecosystem. The proposed entrance is at the bottom of a hill and on a corner where accidents are likely to happen. Concern regarding operation of the facility in terms of public and educational visits. In addition to the proposed hotel the proposal will further restrict access to another part of the Islands heritage.
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5.13 A representation of the Cedas Foundation - OBJECT (29/01/2019)
5.13.1 It is important to safeguard ASSI for future generations. The impact of the proposal is adverse and unknown, the EcIA states that 'likely impact are minimal' however this is not an acceptable standard of care and that we should be trying to conserve the Islands biodiversity and reverse any existing damage and not to cause any further damage, no matter how minimal.
5.14 The owner of Ronaldsburn, Derbyhaven - OBJECT (28/01/2019)
5.14.1 Any additional level of human interference on this unique system of wildlife should not be contemplated. A large area is designated for parking and is to be covered in rubber reinforcement; this parking is excessive and gives greater comfort and convenience to the public rather than the needs of the wildlife. There is already an existing parking area at the entrance to Langness Lighthouse which is not recognised as ever being used at full capacity. Significant concern is raised with regards to the insect population. While the EcIA has been carried out by a consultant this has been commissioned by the applicant and that an independent study should be undertaken to challenge the findings.
5.15 The owner of 79 Malew Street, Castletown - OBJECT (12/02/2019)
5.15.1 The landowner has stopped motorhomes parking at the weekends because of nesting birds but now proposes a bird hut with parking which will affect the nesting birds and with little information on how it will affect other wildlife. The approval of development will set a precedent to other land owners in the area building residential development. Daily traffic levels are already high here with bird watchers parking in passing places makes it difficult for other vehicles to pass.
6.0 ASSESSMENT
6.1 The current proposal raises a number of issues which need consideration, these are:-
i. The principle of development; ii. The visual impact; iii. The ecological impact on the ASSI; iv. The traffic and highway safety impact, and v. The archaeological impact.
i) THE PRINCIPLE OF DEVELOPMENT
6.2 Although the land is not designated for development, the proposal is considered to comply with part (h) of General Policy 3 which sets out exceptions to development including "buildings or works required for interpretation of the countryside, its wildlife or heritage". The proposal is for a bird hide and wildlife education facility for the interpretation of the wildlife and heritage at Langness and therefore its development in principle is considered acceptable and to meet the specific exceptions set out in GP3(h).
ii) VISUAL IMPACT
6.3 Langness has a vast open coastal landscape across which extensive views can be achieved; the peninsular comprises large open areas of grassland, including a golf course in the northern parts, various plant and vegetation species, general scrubland, large areas of saltmarsh intertwined with rocky shores.
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6.4 The current proposal does not seek to introduce any new wildlife habitats, but to construct a facility to help boost the education and knowledge of what wildlife habitats already exist. The facility comprises two key elements, the building and the parking/access area.
Building 6.5 The site of the building is partway along the western coast and adjacent to the existing public highway on a small out jut of land which is only accessible on foot via a small footpath. The proposed building itself has been designed as such to best replicate an earth mound which is expected to merge and integrate with its immediate surroundings not only in helping to limit the visual impact from a public perspective but also in seeking to minimise impact on local habits and wildlife. The earth topped building will comprise elements of stone, timber and glazing across the principle north facing elevation, while these may be visible from public view it's likely that this will be limited to acute angles or from a distance and minded of the relatively small area which they cover is not considered to be unreasonable or to result in an unacceptable impact.
6.6 The north facing orientation of the principle glazed elevation will likely limit any excessive or detrimental impacts of glare, and on bright sunny days the shimmer from the surrounding water is likely be more prevalent. The two proposed sun tubes on the roof are likely to be exposed to greater levels of direct sunlight and could be more visible in the surrounding environment, however once established the earth mound and its planting will likely limit this impact and given their reasonably small size and there only being two it's not expected to be so adverse as to cause concern on the wider landscape or refusal in this respect.
Parking and Access 6.7 The second element of the proposal is the parking and access areas sited either side of the highway and on existing open grassed/scrub areas, the area nearest the facility is for drop off and for one disabled parking space only, further south on the adjacent side is to be 8 designated spaces cut into existing scrub and with banks scrubland surrounding them. It would be reasonable to say that these parking areas are only likely to be visible when in use and cars are parked in them. In the most part the surrounding banks provide a backdrop and limit any breaks in the skyline, and due to the winding nature of the road it's likely that views will only be achievable when passing immediately along the highway. Concern has been expressed with regard to the creation of more parking areas, although it could be argued that the creation of a specific parking area in this location may help to limit the sporadic parking of vehicles along the roadside verges and on any grassland in the immediate area and in helping to limit impact on the ASSI and habitats.
iii) ECOLOGICAL IMPACT ON ASSI
6.8 Environment Policy 4 and 5 recognise the importance of protecting areas of special and ecological significance, and that development will not be permitted which would result in an adverse effect of its significance unless suitable conditions could be imposed which would safeguard a minimised disturbance, conserve and manage its ecological importance as far as possible and if necessary provide new or replacement habitats to mitigate loss.
6.9 In terms of the latter two parts, the design of the hide facility with an earth topped roof will provide a continued area of habitat and is not considered to require compensation, and a future maintenance plan could be requested by a suitably worded condition. However, where the assessment and consideration of conditions becomes a little unclear and more difficult to consider is in the minimising of disturbance.
6.10 DEFA Ecosystem/Biodiversity state in comments 14/02/2019 that they are agreeable to the principle of the proposed facility so long as the effects can be minimised. While they are content with the suggested timing of the works being outside of nesting season, there is
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concern expressed with regards to a number of details that have not yet been determined including the construction of the hide, the surfacing of paths and parking areas, the handling of turf and minerals and the long term maintenance responsibility of the proposed hide. DEFA recommend that these be requested by condition.
6.11 Principally the development is considered to meet the exceptions of GP3(h) and to have an acceptable visual impact, but there is a lack of information provided as part of the current application as to the construction method of the facility. While timing of works and construction exclusion zones can be appropriately conditioned, the omission of details relating the construction process, surfacing of parking and path areas and the handling of turf and minerals could prove to be fatal and undermine the acceptability of its development here. Any detrimental impacts as a result of the immediate construction phase could have a devastating and irreversible effect on the ASSI in both the short and long term. In weighing the balance on these matters it is relevant to consider the nature of the comments from DEFA in which they set out a number of recommended conditions, and highlight the need, in addition to any planning approval, for the necessary consent/license under the Wildlife Act for any proposed works within an ASSI. This providing a second mechanism after the planning conditions and process in ensuring the necessary details for the construction processes are provided in full prior to any works being undertaken on site.
6.12 The details relating to construction methods, handling of materials and long term maintenance of the site are therefore necessary to request by condition and their approval prior to any works being undertaken at the site including any clearance works. Failure to comply with these conditions would constitute a breach in planning control and would be liable to enforcement action.
iv) TRAFFIC AND HIGHWAY SAFETY IMPACT
6.13 There are no restrictions to the use of the existing public highway and Langness is a popular destination and is frequented often by the general public. The proposed hide will undoubtedly introduce a new facility to the area with a number of expected visitor, the comings and goings of which are likely to be difficult to identify against those members of the public already visiting the area. The highway is single track although there are some passing places available. The facility is to be provided with an area of designated parking spaces which DOI have considered to be acceptable with overspill parking likely to be accommodated in the car park further south of the site. The provision of such parking areas is expected to limit the demand for parking on the road which would obstruct the highway. Any increase in traffic as a result of the proposal is not expected to be so detrimental or adverse beyond that of the existing situation at Langness as to warrant a concern or refusal. Any approval should be accompanied with a condition requiring all the parking and turning areas being provided prior to any occupation or first use of the facility.
v) THE ARCHAEOLOGICAL IMPACT
6.14 Manx National Heritage have highlighted Langness as being an area where there is potential for archaeological artefacts being found. There is no information provided in the submission which addresses how such artefacts will be dealt with if found. The site is not designated as an 'ancient monument' nor is it recognised on the Area Plan for the South as being with proximity to an ancient monument. Unlike the fundamental need to consider the ecological impact on the ASSI as part of the planning process, it is considered that a programme of archaeological works could be sought and considered as part of a planning condition to ensure that any archaeological findings are adequately dealt with and recorded and works are overseen by a suitably qualified archaeologist.
7.0 CONCLUSION
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7.1 The proposal for a new facility for the interpretation of the Islands countryside, wildlife and heritage is considered in principle to be acceptable. Visually the design of the hide building and its associated car parking and access paths is not expected to adversely impact or significantly harm the general appearance of the landscape and is considered acceptable. DEFA Ecology/Biodiversity are agreeable to the principle of development but seek that a number of conditions requiring a full construction method statement being provided, details relating to the appointment of an ecological clerk of works, details relating to the future maintenance of the facility and site and the appropriate restrictions to the timing of the works. It is also necessary to add suitably worded conditions ensuring the car parking areas are provided prior to first use of the building and that an archaeological method statement be provided.
7.2 The proposal has been considered on an exceptional basis as a new building for the interpretation of the countryside, its wildlife or heritage. A suitably worded condition to this affect should be added to any approval. Any other use may be contrary to GP3 and in any case would need to be considered as part of a separate planning application.
8.0 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 Planning Committee 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:...07.10.2019
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 07.10.2019
Application No. :
18/01269/B Applicant : Langness Golf Course Ltd Proposal : Erection of building to act as Bird Hide and Wildlife Education Centre, with associated parking and access works Site Address : Land Off Langness Road Opposite Field 433209 Langness Road Castletown Isle Of Man
Planning Officer : Miss Lucy Kinrade Presenting Officer As above
Addendum to the Officer’s Report
The Planning Committee approved the application at its meeting of 7th October, 2019, confirming the officer's report but adding a condition requiring the removal of the structure and car parking if they are no longer needed for the intended purpose (Condition 10 refers).
Additional Condition of Approval
C . 10 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;
site management procedures.
All works shall be carried out in accordance with the approved details.
Reason: The application has been approved on an exceptional basis in line with GP3 (h) and on an area zoned as an ASSI. The subsequent removal must be in accordance with a remediation scheme to ensure that the risks to the site and surrounding land are minimised and that ecological systems and habitats are appropriately protected.
Copyright in submitted documents remains with their authors. Request removal