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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00603/B Applicant : The Manx Viking Project Ltd Proposal : Variation of condition 1 of PA 21/01308/B (Creation of Viking Settlement for education and entertainment purposes including erection of buildings and means of access) to extend the period of approval for a further three years Site Address : Kattegat Jurby Road Sandygate Ramsey Isle Of Man IM7 3AG
Principal Planner: Chris Balmer Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 23.08.2024 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. All buildings (i.e. Workshop, Office, Tool Shed, Log store, Toilet, Utility, Solar battery)/solar panels/wind turbine/car park/access/access lanes approved within phase 1 shall be removed completely from the site and the land seeded with grass: o within 3 years of the date of this decision becoming final, in the event that work on phase 2 has not been fully completed; or o within 18 months of the buildings in phase 2 last being used, in the event that the buildings in phase 2 are completed and subsequently unused for a period exceeding 12 months.
Reason: in the interest of local amenity, visual amenities of the countryside and as permission has been granted on exception circumstances.
C 2. In the event the works approved under phases 2 and /or 3 are completed and un-used for a period exceeding 12 months they shall be removed from site and the land seeded with grass within 18 months of the buildings last being used.
Reason: in the interest of local amenity, visual amenities of the countryside and as permission has been granted on exception circumstances.
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C 3. The development shall be carried out in accordance with the approved details, including supporting statement, unless otherwise required by the conditions attached to this notice.
Reason: To ensure the development takes place with the approved details and for the avoidance of doubt.
C 4. For the avoidance of doubt no approval is hereby given for the use of any building approved under this application to be used as a residential dwelling and shall only be used in associated of the operation of the Viking settlement attraction (and such use shall exclude overnight accommodation for staff or visitors).
Reason: no approval is sought for any residential development and the application has been considered on this basis and there is a presumption against new residential development within the countryside.
C 5. No more than three events (i.e. wedding events or similar) shall take place in any one calendar year, and no more than 1 event shall take place in any 4 week period unless otherwise agreed in writing with the Department. This restriction does not include the uses of the site as a Viking attraction.
Reason: in the interest of local amenity.
C 6. Each evening event (i.e. wedding) shall cease by midnight and no guests shall be permitted to remain on the site for more than 30 minutes following the event ceasing.
Reason: in the interest of local amenity.
C 7. The development hereby approved shall not be occupied or operated until the means of vehicular access has been constructed in accordance with the approved plans, and shall thereafter be retained for access purposes only.
Reason: In the interests of highway safety.
C 8. The visibility splay(s) identified on the visibility plan dated 19.10.2021; shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050 mm in height above adjoining carriageway level.
Reason: In the interests of highway safety.
C 9. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting (tree planting) showing, type, size and position of each and additional hedgerow and/or sod banks along the car parks eastern and southern boundaries. 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 development or the occupation of the site, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. The hard landscaping should include details of the surface finish of the roadways/access. The hard landscaping works shall be completed in full accordance with the approved details prior to the operation of the site.
Reason: To ensure the provision of an appropriate landscape setting to the development.
C 10. No approval is hereby given for the development of any open water wetland within the site.
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Reason; The submission does not included such details and therefore has not been considered.
C 11. The café and retail units as shown on drawings Site Plan 2 and Building Plan 2 shall only be operated in associated with the Viking Village attraction and shall not be operated independently from this approved use.
Reason: These aspects have only been considered acceptable in this location due to their association with the Viking Village attraction.
C 12. No kiln shall be installed or operated at the site unless in accordance with details which have first been approved in writing by the Department
Reason: To avoid any unacceptable environmental impact and to avoid the creation of any need for overnight staff accommodation.
C 13. For the avoidance of doubt only the following works/buildings/structure are hereby approved by this planning application;
APPROVED Within field Nr 211114 - Northern section of field o Creation of a new vehicular access within Field Nr 211114 directly onto Jurby Road; o Creation of a new car park (43 spaces and coach drop off) within Field Nr 211114; o Tool shed along western boundary (7.5m x 4m); o New trees planted around car park; o Ticket shed building (3m x 2m); o Toilet building (6m x 3m); o Open timber store; o Access roads; and o Solar panels (7.5m x 1.5m).
Within field Nr 214150 o Long House (15m x 6m); o Café building (5m x 5m); o Shop building (3m x 5m); o Forge building (3m x 7m); o Foot bridge (3m x 2m); o Workshop (5m x 4m); o Office building (7.2m x 2.4) which is retrospective; o Toilet building (1.2m x 1m); o Log store building (2m x 1.2m) which is retrospective; o Utility building (2m x 3m) which is retrospective; o Solar battery building ( 2.1 x 1.1m) which is retrospective; o Wind Turbine (5m pole with 1.9m diameter turbine - total 6.2m); o Temple building (4m x 5m); o Footbridge (3m x 5m).
Within field Nr214149 o Creation of a small farmstead including a Farm House (6m x 4m) with barn (3m x 3m) - not a residential property;
NOT APPROVED No approval is hereby given the wooded cabin within field 214150 or any other building/vehicle/structure not included in the above list and no approval is hereby given for any residential element on this site.
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Reason: The application has sought approval those items which are listed as approved and has been considered on this basis only in an area which is not designated for development.
C 14. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order (2012) and Town and Country Planning (Permitted Development) (Temporary Use or Development) Order 2015 Schedule 1 Class B or any order amending or replacing these orders, no development may take place at the site other than in accordance with an approval set out within a specific planning application.
Reason: given the nature and location of the proposal and the need to protect the countryside.
C 15. The wind turbine hereby permitted shall be carried out in strict accordance with the impact assessment and mitigation sections of the Bat Survey Report (compiled on 02/08/2024) prepared by Manx Bat Group namely the following;
Reason: To conform with the terms of the application and to minimise any impact on identified bat locations in the Bat Survey Report (compiled on 02/08/2024) prepared by Manx Bat Group in accordance with Env Policies 4 and 5.
This application has been recommended for approval for the following reason. In summary; as previously considered, the proposal in terms of the principle of the use is an unusual form of development on the IOM and arguably would result in buildings or works required for interpretation of the countryside, its wildlife or heritage i.e. the Norse history of the IOM. While the introduction of such visitor attraction will have impacts upon the visual amenities of the countryside given the development required to provide such facility. However, in this case, given existing mature wooded areas, existing landscaping and with additional landscaping in and around the site; it is considered the benefits of the proposal would bring (including economic and cultural), outweigh the potential visual impacts.
Further, the distance from neighbouring properties and with appropriately worded conditions to restrict the events on the site, namely late night events (i.e. weddings etc), it is considered the impacts to neighbouring amenities can be protected.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings reference numbers all received;
22.05.2024 Building Plan 1 Building Plan 2 Building Plan 3 Building Plan 4 Building Plan 5 Building Plan 6 Foot Bridge 1 Location Plan Master Plan Phase Plan Site Plan 1 Site Plan 2 Site Plan 3 Site Plan 4 Turbine Plan 1
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Vehicle Bridge Plan 1 Visibility Splay Plan Revised Entrance Plan Viking Temple Tree Removal Plan Visibility Tree Removal Plan
29.05.2024 Road Safety Audit Road Safety Audit - Designers response document __
Interested Person Status - Additional Persons None __
Officer’s Report
THIS APPLICATION IS BROUGHT BEFORE THE COMMITTEE AS IT COULD BE CONSIDERED A DEPARTURE FROM THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL
1.0 THE SITE 1.1 The application site forms the curtilage of Field Nrs 214150, 214149 & 211114 and is located on the western side of the Jurby Road and north of Sandygate Crossroads.
1.2 The two fields have different characteristics - Field Nr 211114 is open in nature and is viewable from Jurby Road. It is un-development and appears as an agricultural field. Field 214150 does have an element of development within, having had approval to operate as a Nursery in the past and therefore paths/tracks and structures are present within the site. The site has a woodland character, with the majority made of up trees/bushes etc. This aspect of the site is more screened from public views given mature roadside landscaped boundary and all other boundaries. Field Nr 214149 is located to the west of Field 214150 and is open in nature, albeit with woodland to the east and west and with landscaped boundaries to the north and south.
1.3 Currently there is vehicle access into the Nr 211114 directly from the Jurby Road.
2.0 THE PROPOSAL 2.1 The application seeks approval for the Variation of Condition 1 of PA 21/01308/B (Creation of Viking Settlement for education and entertainment purposes including erection of buildings and means of access) to extend the period of approval for a further three years. Taken together this is considered to be a Sui Generis Use (not falling within any use class).
2.2 The applicants have explained that since the original approval, they have applied for the company (The Manx Viking Project Ltd) to run the site to become a Registered Charity (also now enables sponsorship/fundraising - https://www.manxvikingproject.com/ ). Further, the applicants indicate that due to the wet ground conditions this has made it difficult to progress the build as soon as they wanted.
2.3 It should be noted that there are no alterations to the previously approved scheme.
2.4 The proposed works are set out below. All buildings are proposed to be constructed in timber/timber frame in a traditional manner/Viking style. For information no approval is hereby given for any residential element on this site. Further, the proposed Viking farmhouse is for demonstration only and not for living purposes. An existing wooden cabin is with within Field 214150. The application does not seek approval of this. It was constructed by previous owners a number of years ago; albeit no planning approval exists.
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Within field Nr 211114 - Northern section of field the following is proposed:
Within field Nr 214150 the following is proposed:
Within field Nr214149 the following is proposed:
Other information 2.3 The applicant within their submission ("Schedule of plans and details") indicates; "The Island Norse heritage has always intrigued me and I have a keen interest in Norse/Viking history and mythology. There is little in the way of interactive historical attractions on the Isle of Man, and nor very much to celebrate our Norse history." And "As this is a private venture, I will be running it as a 'none-profit' project, with self-employed crafts people who will provide the specialist interactive workshops around the site. I will manage the overall site including the permaculture aspect. It is hoped that site will generate enough income to keep the site in good conditions and possibly expand the list of features in the future. My vision is to create a carbon positive ecosystem, intertwined with a permaculture philosophy that nothing is wasted; the composition toilets will feed the willow coppices which provide the wood for the charcoal that cooks the food that creates the compost."
2.4 The applicants indicates that the site will be split into two areas, a public area and a private area (i.e. operational uses/areas). The public area which is all disabled accessible includes the shop, cafe blacksmith/foundry, Long House (Chieftains Hall) which would be used as a classroom, indoor activities and for functions/events. The public areas will continue into the woods via the existing paths which passes several clearances in the woods which will be set up to allow other artisans/craftspeople to put on workshops and displays in keeping with the Viking theme. Further within the woods there will be a recreation of Viking/Norse temple/church. Lastly moving out of the woods to field Nr 214149 the applicants comment;
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"Moving out of the woods and over the north-west bridge into 'FolkVangr' (old Norse for 'Field of the people'), an alternative heaven or those who did not wish to dine with the gods in Valhalla, (was ruled by the Goddess Freyr) where I hope to re-create an authentic Norse Farmstead with a stone barn, and small holding/animal pens. Also in this field I hope to run Viking activates and displays."
2.5 In relation to the private area the applicants advise that this is where all the groundwork for the buildings/activities, volunteers/staff space will be located along with any auxiliary requirements for the site which include;
2.6 The applicant has outlined a phasing of the development, with the first phase includes demolition of existing structures within field 214150 and construction of the workshop building. The office building is already in place, as is the tool shed which will all be needed for the proposal. The solar panels are already in place but the wind turbine is not and this would be installed in the first phase. Phase 2 includes the construction of the Chieftain's hall (Long house), blacksmith's forge and foundry, shop, café, activity areas through the woods and composting toilets. Phase 3 includes the Viking temple and Viking farmstead. Further works include, the creation of a wetland habitat, willow coppice. Sand and Clay removal from excavating the wetland will be used in the building of the site.
2.7 It is proposed the site will be used in many different ways during the year and even during the week, but will not be open full time as it is a none profit venture, it will open on an as required basis for example; Open days/Weekends, Weekday workshop/talks/school trips or corporate team building events; functions (i.e. weddings). The applicants indicated that's as it is a new type of attraction on the IOM (and the UK) it is difficult to project visitor numbers. Also as volunteers will be needed they current have no way of knowing how many people will wish to offer their time to take part in this venture, although the applicant advises so far he has a lot of people who wish to be involved. The applicant is proposed to be the only full time member of staff and all the attractions/workshops and stalls will be run independently by other traders/artisans who will provide their own trader's insurance to operate (much the same as the Southern/Royal shows).
3.0 PLANNING POLICY 3.1 The site is not designated for under the Isle of Man Development Plan Order 1982. There is therefore a general presumption against development in this area. This presumption is further outlined and clarified in the Isle of Man Strategic Plan policies below. The site is not identified as being at risk of flooding on the DOI's maps or within a Conservation Area.
3.2 THE ISLE OF MAN STRATEGIC PLAN (2016) 3.2.1 The following policies that are considered relevant; o Strategic Policy 1 indicates development should make the best use of resources by ensuring efficient use of sites and being located so as to utilise existing and planned infrastructure, facilities and services.
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o Strategic Policy 2 - directs new development to existing towns and villages, or the countryside only in exceptional circumstances (see General Policy 3) o Strategic Policy 5 - design quality o Strategic Policy 10 - integrated transport network and related issues o Paragraph 4.3.11 states, "Merely arguing that a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development". o Spatial Policy 5 - development outside defined settlements only permitted in accordance with General Policy 3. o General Policy 2 - sets out normal 'Development Control' considerations o General Policy 3 - sets out the exceptional circumstances in which development will be approved in the countryside (see below) o Environment Policy 1 - protects the countryside and its ecology for its own sake (see below) o Environment Policy 7 - Protects watercourses, wetlands, ponds and dubs o Environment Policy 22 - Protects the environment from pollution o Transport Policy 1 - Directs new development to existing routes o Transport Policy 2 - Relates to the provision of links to existing routes/systems o Transport Policy 4 - Relates to the design of new highways o Transport Policy 7 and Appendix 7 relate to parking standards o Business Policy 1 promotes the creation of new job opportunities o Business Policy 11 sets out that tourism development must be in accordance with the other elements of the plan o Energy Policy 4 indicates proposals for alternative sources of energy will be assessed against the rest of the plan
3.2.4 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5 (water conservation and management), Community Policy 7 (designing out criminal and anti-social behaviour), Community Policy 10 (proper access for firefighting appliances) and Community Policy 11 (prevention for the outbreak and spread of fire).
3.2.5 Environment Policy 1 states in full: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
3.2.6 General Policy 3 sets out a presumption against development in the countryside but includes instances where there may be exemptions: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry;
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(g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage.
3.2.7 "Previously-developed land is that which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure.' The definition includes defence buildings, but excludes: o Land that is or has been occupied by agricultural or forestry buildings. o Land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures. o Land in built-up areas such as parks, recreation grounds and allotments, which, although it may feature paths, pavilions and other buildings, has not been previously developed. o Land that was previously-developed but where the remains of the permanent structure or fixed surface structure have blended into the landscape in the process of time (to the extent that it can reasonably be considered as part of the natural surroundings)."
4.0 PLANNING HISTORY 4.1 The previous planning applications are considered relevant:- o Creation of Viking Settlement for education and entertainment purposes including erection of buildings and means of access - 21/01308/B - APPROVED o Construction of track around perimeter of woodland - 08/01006/B - APPROVED o Erection of polytunnel - 08/00752/B - APPROVED o Erection of entrance gates and timber shed to house office/shop within included operating a nursey from the site open to member so public - 08/00753/R - APPROVED
5.0 REPRESENTATIONS 5.1 Highway Services (DOI) comment there is no highway interest (31.05.2024).
5.2 Inland Fisheries (DEFA) make the following final comments (14.07.2024); "This planning application has been checked by Fisheries Officers. I can confirm that DEFA, fisheries have no objections to this development from a fisheries perspective, provided that there is no adverse effect on the adjacent watercourse. As the proposed works are in close proximity to the watercourse, precautions will be needed to reduce the possibility of harmful materials such as concrete or washings entering the river."
5.3 The Ecosystem Policy Officer comments (05.06.2024): "Apologies for not picking this up with the original application, but the Ecosystem Policy Team are not content with the micro-turbine, the proposed location of which is immediately adjacent to an area of broadleaved woodland with bat records, and which is likely to be used by breeding, roosting, feeding and commuting birds, bats and other wildlife.
Because of the suitability of the habitat the Ecosystem Policy Team consider that the potential harm to bats and birds could be high when working to the precautionary principle of assuming a significant affect in cases of reasonable doubt, where it is not possible to robustly justify a conclusion, in this case as there is no ecological survey to determine otherwise.
Wildlife can be negatively impacted by wind turbines through, collision, barotrauma, loss or damage to commuting or foraging habitat, loss or damage to roosts and nest sites, as well displacement.
A precautionary approach should be applied to free standing micro-turbines and it is the Ecosystem Policy Teams recommendation that they should not be located within 30m of known bat flyways or known bat roosts in order to reduce the collision risk to bats from the rotor blades.
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'Scottish Natural Heritage Micro renewables and the natural heritage: Revised guidance (Jan 2016)' states - We recommend siting micro turbines at least 30m away from potentially suitable bat habitat, especially in landscapes with little suitable habitat. Give careful consideration to roof mounted and free standing turbines installed: On buildings known, or suspected, to contain bat roosts Within 30m of a known bat roost On buildings where bats are frequently observed On known bat flyways (commonly along watercourses, hedges, woodland edges)
Due to the proposed layout of the site, even if the turbine were relocated elsewhere, it may not be possible to achieve a distance of 30m between it and any bat flyways. Therefore it is our initial recommendation that turbine is omitted from this application. However, should the applicant wish to continue with this aspect then in order to comply with Environment Policies 4 and 5 of the Isle of Man Strategic Plan and the Wildlife Act 1990, the Ecosystem Policy Team request that bat and bird activity surveys and Preliminary Ground Level Tree Roost Assessments for bats, as well as any additionally surveys identified through these initial surveys, are undertaken on the site by a suitably qualified ecological consultancy, and results be used to inform the location of the turbine.
Survey reports, alongside updated site plans and details of any additional mitigation, should be provided to Planning prior to determination and the Ecosystem Policy Team be re-consulted on this application in order to request conditions on approval.
Again, apologies for not picking up on this aspect of the application in 2021."
5.3.1 Following these initial comments the applicants employed the Manx Bat Group to undertake a bat survey and their consideration of the proposed wind turbine. The conclusions of this report stated; "There is little published information on the effect of small wind turbines (SWTs) on wildlife, including bats. The only formal guidance on planning policy in relation to SWTs is by Scottish Natural Heritage (2016) and echoed by the Agreement on the Conservation of Populations of European Bats (UNEP/Eurobats, Rodrigues et al 2014). This recommends siting micro turbines at least 30m away from potentially suitable bat habitat, especially in landscapes with little suitable habitat. It appears to be based on an earlier research report (Minderman et al 2012) which found that at higher wind speeds bat activity was reduced in the vicinity of the turbine. They concluded that such displacement effects may have important consequences especially in landscapes where suitable habitat is limiting. They recommended that SWTS are sited at least 20 metres away from potentially valuable bat habitat. Scottish Natural Heritage enlarged this recommendation to 30 metres away from potentially suitable bat habitat, especially in landscapes with little suitable habitat. Minderman et al (2015) went on to investigate actual bat mortality at small wind turbine sites. Only three owners of SWT sites, out of 212 3 (1.4 %) reported bat casualties (unidentified species). The authors also modelled bat mortality at small wind turbines and estimated that between 0.008 and 0.169 bats may be killed per turbine per year.
The turbine at Kattegat is proposed to be installed in an area of high habitat suitability and displacement from foraging habitat would not seem to be an issue.
Although the proposed site is on the edge of a small block of woodland this does not appear, on the evidence of this survey, to be used by bats as a flight line.
Direct bat mortality from small wind turbines is estimated to be low, one bat every six years at the maximum estimate.
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The turbine is reported to only be required in winter months when output from the solar panels is minimal. On the assumption that this limits the operation to the period October to end March this would coincide with periods of much lower bat activity than reported in this survey, further lowering potential bat mortality. The installation of a small wind turbine at the proposed site would not have a great impact on the local bat populations of the various species."
5.3.2 Following the submitted bat report and the Department discussions with the Ecosystem Policy Officer and showing a draft of Condition 15 they confirm they have no objection and content with the condition as worded (23.08.2024).
ADDITIONAL COMMENTS 5.4 The application also includes the submission of comments from Isle of Man Public Transport (DOI). These comments state; "Apologies for taking a while to get back to you regarding the bus patronage of the Viking Project. Having discussed your request with various colleagues, we feel the best solution would be for us to add your site as a pre-defined stop for the FLEX and Village Connect services. This would provide you with a mix of scheduled and demand responsive services throughout the day served by our minibus team. These vehicles could enter the coach/bus area of your car park to drop off and set down passengers and we would add the location as a stop on the user accessible digital map."
6.0 ASSESSMENT 6.1 The principal issue in the assessment of this application is whether there have been any material planning matters (e.g. policy changes / land used designations / Local Plan adoption / new or altered legislation, and so forth) that have changed since the approval of the last application. As outlined previously, there are no changes to the approved plans. This application only seeks to vary Condition 1 of the previous approval for an additional 3 years. This condition stated; "C 1. All buildings (i.e. Workshop, Office, Tool Shed, Log store, Toilet, Utility, Solar battery)/solar panels/wind turbine/car park/access/access lanes approved within phase 1 shall be removed completely from the site and the land seeded with grass: o within 2 years of the date of this decision becoming final, in the event that work on phase 2 has not been fully completed; or o within 18 months of the buildings in phase 2 last being used, in the event that the buildings in phase 2 are completed and subsequently unused for a period exceeding 12 months.
Reason: in the interest of local amenity, visual amenities of the countryside and as permission has been granted on exception circumstances."
6.3 Since the initial approval, the Isle of Man Development Plan 1982 Order is still in force and the Isle of Man Strategic Plan 2016 has not been superseded and therefore both continue to comprise the Development Plan. The policies contained therein have not been the subject of appeal decisions or decisions related to planning applications that indicate a different approach to those policies should be taken. No new legislation has been brought into force and no objections have been received.
6.5 For information the following report is the Planning Officers Report for the previous application (21/01308/B) which was approved by the Planning Committee:
"6.1 The main considerations in the assessment of this application are; o the principle of the development; o potential visual impact on the character of the countryside; o impacts in terms of trees/watercourses; o highway safety matters/ parking provision; and
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o potential impacts upon neighbouring amenities.
6.2 Principle of the development 6.2.1 There is a general presumption against new development in the countryside, as per the IOMSP policies outlined in section 3 and particularly Strategic Policy 2, Spatial Policy 5 and General Policy 3.
6.2.2 General Policy 3 also outlines exceptions where development may potentially be acceptable within the countryside. The site is not considered to be previously developed land, although it is noted that there was some development on part of the site (Nursery). General Policy 3 paragraph h states; "buildings or works required for interpretation of the countryside, its wildlife or heritage", which does weigh in the application's favour. However, given the extent of built development and the nature of the use, it is considered that this goes beyond paragraph h and so on balance the principle of the application is considered to not be to be justified based on this alone.
6.2.3 It is noted that the unusual nature of the proposal is such that it is unlikely to be reasonably accommodated within existing settlements or land allocated for development (e.g. housing or industrial, as there is no land allocated for this form of development as it is an unusual proposal). This weighs in the application's favour, although this weight is reduced because the applicant has not given any information as to whether or not there are any other (potentially more suitable) sites. It is also noted that this would support the creation of a new business and also opportunities for other related business located on the site, which weighs in the application's interest.
6.2.4 On balance, and in particular noting the partial support from GP3, the unusual nature of the proposal and the potential cultural and economic benefits, it is considered that the development may be acceptable, dependent on the detailed assessment of other issues.
Potential visual impact on the character of the countryside 6.3 In these respects Environment Policy 1 should be considered. This seeks to prevent development which would adversely affect the countryside.
6.3.1 There are two clear elements to this aspect, the first are the buildings and structures within the wooded area and form part of the main attraction. This area already consists of a poyltunnel and a number of sheds that were used in connection with the previous use as a nursery. These will be removed and replaced. The majority of the new buildings proposed in this area will be well screened from public views, especially given there timber construction/finish which will help mitigate any potential views form them. The building likely to be most likely to be seen would be the Viking Longhouse which is located to the front section of the site (replaces polytunnel). The building would be approximately 6m x 15m and a height of 6.8m (ridge height). The Café, Shop and Forge would also be located in this section, running parallel with the roadside boundary (eastern), albeit set behind existing mature landscaping. Partial views of parts of each building maybe apparent from the Jurby Road when approaching the site from Sandygate and when passing the site; albeit existing landscaping would help blend the building, and drawing the eye to the buildings less. During summer months the visual appearance of the buildings maybe totally screened. The application proposals additional landscaping, but a landscaping condition could be attached to reinforce the existing landscaping to this section of the site.
6.3.2 The element of the proposals which would be most public apparent and have the greatest visual impact, is the works within Field 211114 which is to the south of the Village settlement area (wooded area) and to the west of the Jurby Road. This field is very apparent from public views from the Jurby Road, there is a Manx sod bank along the roadside, albeit does not prevent views over and into the field. Within this field, it is proposed to create a car park for the proposal. This includes a hard-core base roadway topped with a layer of
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stone/gravel. This runs around the parking area which will be retained as grass. Around the parking area and along the roadside boundary it is proposed to be landscaped with native tree planting.
6.3.3 The majority of the works in this area i.e. the roadway are low level forms of development (i.e. flat) and therefore the visual impact of these works themselves are not significant. However; they clearly provide a function, to enable cars to park on the site. This is perhaps the greatest visual impact, parked cars/vehicles. As indicated, native tree planting is proposed; albeit it is considered additional landscaping will need to be undertaken, perhaps the creation of native hedgerows/Manx sod banks to reduce the impact further.
6.3.4 Other elements that will be apparent is the wind turbine, which is domestic sized wind turbine, rather than a commercial turbine. This has a height of approximately 6.2m (including blades); albeit the landscaping around the carpark/roadside boundary will also reduce the visual impact of this. The wind turbine would be set adjacent to the existing wooded area and therefore this helps reduce the impact further. The wind turbine would be installed on top of a timber pole (i.e. telegraph pole).
6.3.5 Clearly, the development of the application site as proposed will have a visual impact, compared if no development takes place. Therefore if the proposal as a whole is considered appropriate on this site, it is considered the visual harm can be mitigated to an appropriate level and ensure the proposal would not adversely affect the countryside as per the requirements of the Strategic Plan policies, and in particular Environment Policy 1.
6.4 Impacts in terms of trees/watercourses 6.4.1 The consultation comments are noted and relied upon, and conditions could be attached if approved.
6.5 Highway safety matters/ parking provision 6.5.1 The new scheme includes the upgrading of the existing field gate to a two way road access. This would access directly onto the Jurby Road. Highway Services have considered the application in terms of visibility splays and traffic generation and have raised no objection. This follows a Stage 1 Road Safety Audit of the proposed vehicular access which has been undertaken by independent auditors and amended plans in response to this, to provide appropriate visibility splays in each direction and enable buses/coaches to drop off/pick up pedestrians at the site, as well as other safety considerations sought by Highway Services.
6.5.2 With appropriately worded conditions in place, and given the comments made by Highway Services, it is considered the proposal would provide sufficient parking within the site and ensure the vehicular access is safe and have no adverse impacts upon road safety to all users of the Jurby Road.
6.6 Potential impacts upon neighbouring amenities 6.6.1 The proposal is a visitor attraction and therefore the proposed use has the potential to create a noise and general disturbances to local residents. The site being within the countryside and therefore background noises are less, can increase the potential noise concerns, compared to a town centre location which generally has a higher level of background noise to begin with. With this in mind Environment Policy 22 requires consideration.
6.6.2 With the proposal, the most likely impact would be traffic coming to and from the site. The closest property "Brook House" is to the south of the site approximately 60m away (measured from new access to dwelling). Further there are dwellings at "Ballamenagh Beg Farm" (two dwellings) to the southwest which are approximately 170+m away from the new access. To the north of the site, the property closest to the proposal (main visitor area) is "Ballamenagh" which is approximately 115m away.
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6.6.3 As outlined, there is the likelihood of greater impacts namely through people coming and going from the site. However, the distance from these properties, existing landscaping and with new landscaping (especially to southern boundary of new car park) will mitigate the potential significant adverse impacts. No objections have been received from these properties outlined above.
6.6.4 The proposal also indicated that some events may take place (i.e. weddings) namely within the Long House. The applicants at this stage does not know whether this will be a regular occurrence or not at this stage, but would like the site to be able to accommodate such events if possible. The Department has suggested that conditions be attached to any approval which prevents no more than 3 events shall take place in any one calendar year, and no more than 1 event shall take place in any 4 week period and each wedding event shall cease by midnight and no guests shall be permitted to remain on the site for more than 30 minutes following the event ceasing. The applicant has no objection to these conditions.
6.6.5 Overall, with appropriately worded conditions in place it is considered the proposal can operate without having significant adverse impacts upon neighbouring amenities.
6.7 Other Matters 6.7.1 If approved, conditions should be approved to ensure works in phases 2 are undertaken within a certain time period and if not all works in phases one shall be removed within a certain timescale. This is to ensure the visitors attractions elements are in place (i.e. reasons why application is approved) in a reasonable timescale. Further, additional details of the wetland habitat should be provided. It is understood discussion with the applicants that the wetland area was initially considered to be to the south of the proposed car parking area. However, the applicant has indicated that his current re-considering, this. It is noted that no plans show such an area. Therefore at this stage it is not a matter that can be considered (should be conditioned not to include this element). It should be noted that planning permission may be required for such works, depending on size & scale of works (i.e. if considered to be "development").
6.7.2 No other matters are identified which would justify a refusal."
6.8 Additional Assessment 6.8.1 The main potential change is the comments received from the Ecosystem Policy Officer in relation to the wind turbine, which was previously approved under the last application. The issues and response from the applicants can be viewed in paragraphs 5.3 to 5.3.2 of this report and further details within the submitted bat report prepared by the Manx Bat Group. 6.8.2 The submitted bat information states that "although the proposed site is on the edge of a small block of woodland this does not appear, on the evidence of this survey, to be used by bats as a flight line. 6.8.3 Direct bat mortality from small wind turbines is estimated to be low, one bat every six years at the maximum estimate but that the turbine is reported to only be required in winter months when output from the solar panels is minimal." 6.8.4 It goes on to conclude that on the assumption "that this limits the operation to the period October to end March this would coincide with periods of much lower bat activity than reported in this survey, further lowering potential bat mortality and that the installation of a small wind turbine at the proposed site would not have a great impact on the local bat populations of the various species." 6.8.5 In this instance, taking into account the above and that it is a micro turbine of no higher than 6m a blanket curtailment condition is proposed restricting the operation of the wind turbine to between the months of October through to March, with it being switched off from April through to end of September. 6.8.6 While this strategy is generally considered inefficient and result in a considerable down time for the turbine, the aforementioned document states it is to supplement the solar power which will be less during those months, without more accurate modelling in this instance this is
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considered to be the best way forward, given that it is acceptable to the Manx Bat Group (the author of the survey report submitted as part of the application). 6.8.7 Bats are protected in the Isle of Man under the Wildlife Act 1990 (Schedule 5) and protected species are covered in EnvP 4 and 5 of the Strategic Plan. The submitted bat survey clearly shows bat activity in the surrounding area in this specific instance and as the wind turbine has previously been approved (with no conditions) the following condition is proposed to minimise the possible impact on a protected species by limiting the wind turbine to operate only between the periods between October to end March. 6.8.8 Given there are no planning policy changes nor material planning considerations; and only additional time is sought to undertaken the approved works, the Department is content to allow an extension of time for a further 3 year period. Accordingly, Condition 1 should now read;
"All buildings (i.e. Workshop, Office, Tool Shed, Log store, Toilet, Utility, Solar battery)/solar panels/wind turbine/car park/access/access lanes approved within phase 1 shall be removed completely from the site and the land seeded with grass: o within 3 years of the date of this decision becoming final, in the event that work on phase 2 has not been fully completed; or o within 18 months of the buildings in phase 2 last being used, in the event that the buildings in phase 2 are completed and subsequently unused for a period exceeding 12 months. Reason: in the interest of local amenity, visual amenities of the countryside and as permission has been granted on exception circumstances."
6.8.5 All other conditions included with the original permission should also be attached, including the operation period of the wind turbine being added.
7.0 CONCLUSION 7.1 In summary; as previously considered, the proposal in terms of the principle of the use is an unusual form of development on the IOM and arguably would result in buildings or works required for interpretation of the countryside, its wildlife or heritage i.e. the Norse history of the IOM. While the introduction of such visitor attraction will have impacts upon the visual amenities of the countryside given the development required to provide such facility. However, in this case, given existing mature wooded areas, existing landscaping and with additional landscaping in and around the site; it is considered the benefits of the proposal would bring (including economic and cultural), outweigh the potential visual impacts.
7.2 Further, the distance from neighbouring properties and with appropriately worded conditions to restrict the events on the site, namely late night events (i.e. weddings etc), it is considered the impacts to neighbouring amenities can be protected.
7.3 Accordingly, the application is recommended for approval.
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
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(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
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 that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : ...Permitted... Committee Meeting Date:...02.09.2024
Signed :...C BALMER ... 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
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