DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/10024/AIR Applicant: Delgatie LTD Proposal: Information in relation to conditions 36 and 44 for PA 20/01467/B - Lighting Plan for former Marine Biological Station, Port Erin. Site Address: Marine Biological Station Breakwater Road Port Erin Isle Of Man IM9 6JA Planning Assistant: Mr Daniel Spencer Recommended Decision: Permitted Date of Recommendation: 28.03.2024

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

NOTE. In this instance of the submitted an application for the discharge of conditions, a cover letter and the Port Erin - Lighting Document and after consultation with the case officer, who are happy with the level of detail, it is deemed sufficient to achieve the desired outcome and would be considered satisfactory for the lighting elements found in paragraph 6 of condition 36 which including the information on PA 23/10025/AIR would complete the whole condition and the entirety of condition 44 of application 20/01467/B with the understanding that all external lighting shall be installed in accordance with the specifications and locations set out in the approved strategy, and no other external lighting shall be installed without prior express consent from the Department.

Plans/Drawings/Information;

This decision is in relation to the submitted an application for the discharge of conditions, a cover letter and the Port Erin - Lighting Document which were submitted on the 05/03/2024.

__________________________________________________________________________ Officer’s Report

1.0 Description - 1.1 The proposed application 20/01467/B for the erection of a building to provide exhibition space, retail, apartments and restaurant with associated parking spaces (relating to PA 19/00373/A) was approved on 28.03.2022 subject to 49 conditions some of which required submission of additional information prior to the commencement of works.

1.2 This report is specific to lighting conditions from paragraph 6 of condition 36 and condition 44 which the applicants are seeking to satisfy. - 1.3 Specific wording of the conditions are as follows: "C36. Landscaping Landscaping Strategy - public areas

The lighting details shall include detailed drawings of the proposed lighting columns and fittings, information about the levels of luminance and daily duration and any measures for mitigating the effects of light pollution.

The development shall be carried out in accordance with the approved scheme and shall be retained as such thereafter.

Reason: To ensure that the development achieves a high standard of design, layout and amenity and makes provision for hard and soft landscaping which contributes to the creation of a high quality, accessible, safe and attractive public realm and that the lighting regime avoids impacts on marine and terrestrial ecology."

"Lighting design (building and amenity spaces)

The development hereby approved shall not progress beyond lower ground level until a Lighting Design Strategy for Biodiversity, including any amenity or open space to be lit has been submitted to and approved in writing by the Department. The strategy shall:

• o identify the areas or features on or adjacent to the development, including relevant transit corridors that are particularly sensitive to light pollution; and
• o show how and where all the proposed external lighting will be installed and utilised to demonstrate (through the provision of appropriate lighting contour plans and technical specifications) that those areas to be lit will not disturb the behaviours of, or prevent sensitive species from using their territory or gaining access to their breeding sites, resting places and foraging areas. All external lighting shall be installed in accordance with the specifications and locations set
• out in the approved strategy, and no other external lighting shall be installed without prior express consent from the Department. Reason: In the interests of protecting and enhancing the biodiversity of the environment."

2.0 Proposal - 2.1 The applicant's agent have now submitted an application for the discharge of conditions, a cover letter and the Port Erin - Lighting Document which includes information on proposed lighting for the site including style of light fittings, direction of lighting, strength of lighting within the site and its impact on the surrounding area including the use of passive motion sensors near the rear of the site to ensure lighting only comes on when needed.

3.0 Consultation - 3.1 The DEFA Ecopolicy Officer was consulted for advice on the satisfaction of condition. The advice received on 22/03/2023, after their review of the submitted documents,

concludes that they are pleased to confirm that the information satisfies the relevant clauses.

4.0 Recommendation - 4.1 In this instance of the submitted an application for the discharge of conditions, a cover letter and the Port Erin - Lighting Document and after consultation with the case officer, who are happy with the level of detail, it is deemed sufficient to achieve the desired outcome and would be considered satisfactory for the lighting elements found in paragraph 6 of condition 36 which including the information on PA 23/10025/AIR would complete the whole condition and the entirety condition 44 of application 20/01467/B with the understanding that all external lighting shall be installed in accordance with the specifications and locations set out in the approved strategy, and no other external lighting shall be installed without prior express consent from the Department.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 02.04.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management