198603

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PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 24/00567/B Applicant : Department Of Infrastructure Proposal : Partial removal of Manx sod bank (retrospective) and erection of Manx sod bank to match existing Site Address : Dhoon School Glen Mona Ramsey Isle Of Man IM7 1HA

Planning Officer: Toby Cowell Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 17.07.2024 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

C 2. For the avoidance of doubt, the reinstated sod bank shall be constructed in full accordance with the details shown on the approved drawings (drwg. no. 03), with the dimension and method of construction of match those of the existing section of sod bank within the location shown on the approved drawings.

Reason: To safeguard the visual amenities of the locality and in the interests of biodiversity.

This application has been recommended for approval for the following reason. In summary, the proposed reinstatement of a section of the Manx sod bank is considered to be acceptable from a design and visual impact perspective whilst being further appropriate from an ecological standpoint. The proposals are therefore considered to be in accordance with General Policy 2, and Environment Policies 1 and 2 of the Strategic Plan (2016).

Plans/Drawings/Information;

This approval relates to the following drawings and documents referenced;

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01 - location plan 02 - existing plans and elevations 03 - proposed plans and elevations Covering letter Received 13.05.24 __

Interested Person Status - Additional Persons

None. __

Officer’s Report

1.0 THE SITE 1.1 The application site relates to Dhoon School and its associated curtilage, including a playing field, located on the western side of the main road running through Glen Mona, and directly opposite Creg Ny Molt. The playing fields associated with the school are bounded by a 2.2m high hedge on the eastern side with a Manx sod bank in front, dropping down to a footpath and a layby adjacent to the streetscene.

2.0 THE PROPOSAL 2.1 Planning permission is sought for the removal of a portion of Manx sod bank running adjacent to the playing field (retrospective), and subsequent reinstatement of the sod bank as it previously existed. A portion of the sod bank was removed in August 2022 due to a built-up of water pressure having occurred resulting in the bank becoming unstable, with a planning application (PA 23/01044/B) subsequently submitted to seek permission to remove the entirety of the sod bank and replacement with metal boundary fencing.

2.2 This application was subsequently withdrawn on the advice of the Department due to concerns raised from visual and ecological standpoints. Following the withdrawal of the application, it is understood that remedial works have been undertaken to replace a blocked section of land drainage pipe. The remainder of the land drains have been cleared and jetted and the applicant is of the opinion that the existing drainage is now draining the ground effectively. Therefore, there is no ground water pressure being exerted onto the remaining Manx Sod bank construction and the reinstatement of the removed section of the sod bank would be structurally feasible.

2.3 As part of the previous planning application, concerns were raised by the Ecosystem Policy Officer that the existing Manx Sod bank may provide a suitable habitat for the legally protected Common Lizard. The applicant subsequently undertook a Habitat Assessment Report which has accompanied this submission.

3.0 PLANNING HISTORY 3.1 The site is subject to a fairly extensive planning history, however only the recently withdrawn application referenced in Section 2 of this report (PA 23/01044/B) is considered to be of material relevance.

4.0 PLANNING POLICY 4.1 The application site is identified in the 1982 Development Plan as 'white land' within the countryside that is not zoned for development. The site is not within a Conservation Area but falls within an Area of High Landscape Value

4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;

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Strategic Policy 1 Efficient use of land and resources 2 Priority for new development to identified towns and villages 5 Design and visual impact

Spatial Policy 5 Development only in countryside in accordance with General Policy 3

General Policy 2 General Development Considerations 3 Exceptions to development in the countryside

Environment Policy 1 Protection of the countryside 2 Protection of areas of high landscape value

5.0 REPRESENTATIONS 5.1 Garff Commissioners - No objection. (29.05.24)

5.2 Highways Services - No highways interest. (24.05.24)

5.3 DEFA Biodiversity - The Ecosystem Policy Team can confirm that Ecology Vannin's (EV) Common Lizard Assessment dated December 2023 is in order and that a suitable level of assessment has been undertaken. The MWT determined that common lizards were possibly present, due to the suitability of the habitat on and surrounding the site and therefore they recommended a precautionary approach to works be adopted with the assumption that lizards are present.

We note that the removal of a section of bank took place on safety grounds in August 2022 (a suitable period for bank removal as it is outside of lizard hibernation period), and there is no reference to the requirement for further bank removal because the drainage behind the sod bank has been improved, and so the avoidance measures contained in 6.1 of EV's common lizard won't be required. However, the replacement of the bank must be undertaken in compliance with the compensation/mitigation measures contained in table 6.1. As the intention is to provide a replacement area of sod bank option 1 out of the 2 options given should be followed, though the bank should be replaced in the same position, not behind the Escallonia hedge.

The Ecosystem Policy Team request that a condition is secured on approval for a new length of sod bank at least 750mm in height be created out of gabion netting and a combination of low fertility earth, rubble or stone, and topped with low fertility soil sown with annual Lolium be created in the position shown on the Proposed Site Plan (Drawing No. 03.) (05.06.24)

5.4 Forestry Officer - No response received at the time of writing.

6.0 ASSESSMENT 6.1 The proposals seek to reinstate a section of Manx sod bank which was previously removed on structural grounds due to drainage issues, albeit without the benefit of planning permission. The loss of the sod bank is deemed to have, on balance, resulted in a level of harm upon the character and visual amenity of the immediate streetscene. Therefore, it's reinstatement as proposed to correspond with the remaining section of sod bank is welcomed, with the proposals deemed to be acceptable from a design and visual impact perspective.

6.2 From an ecological standpoint, the Ecosystems Policy Officer has review the submitted Common Lizard Assessment accompanying the submission and considers that a suitable level of assessment has been undertaken. The principle of reinstating the sod bank has been

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supported, provided it be sited in the same position as it previously existing and be created out of gabion netting and a combination of low fertility earth, rubble or stone, and topped with low fertility.

6.3 Whilst it is noted that the ecosystems policy officer has requested a condition be attached to any decision requiring the sod bank be constructed in accordance with their requirements, it is considered more appropriate to ensure that the method of construction and dimensions match those of the existing sod bank rather than imposing a more specifically worded condition with respect to method of construction.

7.0 CONCLUSION 7.1 In summary, the proposed reinstatement of a section of the Manx sod bank is considered to be acceptable from a design and visual impact perspective whilst being further appropriate from an ecological standpoint. The proposals are therefore considered to be in accordance with General Policy 2, and Environment Policies 1 and 2 of the Strategic Plan (2016), and therefore 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 (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 __ 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: 24.07.2024

Determining officer

Signed : C BALMER

Chris Balmer

Principal Planner

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