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24/91352/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91352/B Applicant : Douglas City Council Proposal : Levelling works to football pitch Site Address : Nobles Park Douglas Isle Of Man IM2 4BD
Planning Officer: Russell Williams Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 10.06.2025 __
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. No development shall take place unless a tree protection scheme have been submitted to and approved in writing by the Department. Tree protection measures shall be shown on a layout plan accompanied by descriptive text and shall include but is not limited to; a) The location of the trees to be protected. b) The position and construction of protective fencing around the protected trees (to be in accordance with BS 5837: 2012 Trees in relation to design, demolition and construction). c) The extent and type of ground protection, and any additional measures required to safeguard vulnerable trees and their root protection areas.
All documents should be prepared in accordance with British Standards BS3998:2010 Tree work - Recommendations and BS5837:2012 (Trees in relation to Design, Demolition and Construction -Recommendations) unless superseded.
The development must be carried out in accordance with the approved details. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department.
In the event that trees become damaged or otherwise defective during such period, the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented. In the event that a tree dies or is wilfully removed without prior consent it shall be replaced as is reasonably practicable and, in any case, by not later than the end of the first available planting season, with trees of such size, species and in such number and positions as may be agreed with the Department
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Reason: required prior to commencement to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality.
This application has been recommended for approval for the following reason. The proposed development will deliver enhancements to the existing sports pitch at Nobles Park, creating a more level playing surface which in turn creates public benefit. While it is acknowledged that there will be some visual impact from the development it is considered acceptable and the transport impacts can be suitably managed. The proposed development therefore complies with the objectives of the Area Plan for the East and General Policy 2 of the Strategic Plan.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 28 November 2024:
Location Plan Proposed Site Plan Existing and Proposed Short Sections Existing and Proposed Long Sections Method Statement
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
Highway Services - No objection
Douglas City Council - No objection __
Officer’s Report
1.0 THE SITE
1.1 The application site is at Nobles Park, Douglas, an area of Public Open Space, sitting southwest to northeast located on the south of Glencrutchery Road (A2). There is a vehicle access road on the west side of the park from St Ninians Road across to Dukes Avenue. Leisure facilities and relevant amenities spread along the road.
1.2 The north east part of the site is the Grandstand area, the hub of the TT Race. The existing vehicular road runs across the south side of the Grandstand area. The road has a branch extending along the west side of the Grandstand area and indirectly connected to Glencrutchery Road through the race track.
1.3 The west of the side road are grassed area, separated by a line of trees as well as a north-south footpath. This is where the football pitch subject of the application are located. The pitches sit west-east and have a sloping topography, with a fall of over 2.0m along the length and width of the pitch.
1.4 The existing pitch measures 91m x 49m and the playing surface is uneven due to the pitch being on a slope.
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2.0 THE PROPOSAL 2.1 The application seeks planning permission for the importing of clean topsoil in order to undertake playing pitch levelling works.
2.2 The proposed works will increase the pitch size to 96m x 55m using the shallowest fall, building up the levels to achieve a more level playing surface.
2.3 The works will require the importing of 4000m3 of subsoil and 2000m3 of topsoil. The source of the soil is from the applicants existing stock, based at Ballaughton Nursery.
2.4 The development will require 2 no. 20 tonne wagons to deliver the soil to site. It is envisaged that 5 two way trips per day will be made by each wagon. The delivery route would be via main roads directly from Ballaughton Nursery to Noble's Park.
2.5 The applicant envisages work and deliveries being restricted to the working week, Monday to Friday only.
2.6 All material will be tipped directly onto the pitch, minimising handling for our main contractor, undertaking the pitch levelling work.
2.7 The works will raise the ground levels over the playing pitch by between 1.0m and 2.5m above existing datum level.
3.0 PLANNING POLICY
3.1 The site lies within an area designated as Open Space on the Area Plan for the East. The site is not within a Conservation Area, Area of High Landscape or Coastal Value and Scenic Significance or a Flood Risk Zone.
3.2 Within the Area Plan for the East, the Area Plan Objectives for Open Space and Recreation, Education, Health and other Community Facilities, include the requirement to: "i. To assess sports and recreation provisions in the Plan Area. ii. To protect existing open space and recreation facilities unless there are circumstances to support a different use in line with Recreation Policy 2 of the Strategic Plan."
3.3 General Policy 2 of the Strategic Plan is considered applicable, which 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;
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(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; (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."
3.4 Recreation Policy 1: "Area Plans should incorporate an assessment of the indoor and outdoor sport and recreation needs of the plan area, and the wider context and include proposals to: o retain existing sporting facilities and open space provision unless alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; o identify suitable sites to make good any deficiency in provision both for existing and future residents of the area; and o ensure appropriate provision is made as part of any proposed residential development, in accordance with the Open Space Standards set out in Appendix 6 to the Plan, related to the needs generated by the development, unless the specific housing provision within the development justifies a reduced provision in relation to specific types of open space requirement."
4.0 OTHER MATERIAL CONSIDERATIONS
4.1 None
5.0 PLANNING HISTORY
5.1 20/01394 - Creation of grasscrete roadway and pathway - Nobles Park - Permitted
6.0 REPRESENTATIONS
6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows:
Douglas City Council - No objection.
DOI Highway Services - No significant negative impact upon highway safety, network functionality and/or parking.
Environmental Health - No comment.
Environmental Protection unit - No comment.
6.2 No representations have been received from members of the public.
7.0 ASSESSMENT
7.1 The key considerations in the determination of the application are: o Principle of development o Impact upon the character and appearance of the area/landscape o Transport and highway safety
PRINCIPLE OF DEVELOPMENT
7.2 The application seeks planning permission for the depositing of sub and top soil on the application site in order to create a more level sports pitch for football at Nobles Park. The use of the land will not change as a result of the development, with the land being reseeded and
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brought back into recreational sports use once the new soil has been allowed to settle and grass re-establish.
7.3 The proposal will result in an improvement to the existing sport pitch facility at Nobles Park, which generates public benefit to users. The principle of enhancing playing pitch provision on the Island is supported and the principle of development is considered to be acceptable.
IMPACT UPON THE CHARACTER AND APPEARANCE OF THE AREA
7.4 The application site is a grassed football pitch located to the southwest corner of Nobles Park. The proposal will alter the levels of the pitch, with a gentle batter to the imported ground along the east and southern sides of the pitch.
7.5 From the Glencrutchery Road the site is visible above the stone boundary wall, where the pitch can be seen within the open space setting. The raising of the ground levels will have no discernible impact upon public views from Glencrutchery Road; the batter to the imported soil will only be seen from the footpath to the west and south.
7.6 The change in topography of the playing pitch is relatively modest, with a change in levels of between 1.0m and 2.5m. Although the pitch will appear to be built up from the west and south, the works will otherwise have no significant impact upon the general appearance of the playing pitch and Park in general, with grass re-establishing in time.
7.7 There are some trees adjacent to the proposed works in order to protect them and the character of the area a condition is proposed for protection and replacement measures, should the latter be necessary.
TRANSPORT AND HIGHWAY SAFETY
7.7 The application site benefits from an existing gated access off Glencrutchery Road to the northern boundary, where there is a large verge area between the park boundary and adopted highway.
7.8 The applicant has indicated that the delivery of soil to the site will be undertaken by 2 no. 20 tonne tipper wagons, with 5 two way movements being undertaken daily, Monday to Friday.
7.9 The sub soil and top soil are to be delivered from Ballaughton Nursery, which is located approximately 2.7km from the application site. The transport route for delivery vehicles will be along Ballaughton Meadow before joining the A5 and A2.
7.10 The route between the two sites comprises strategic highways that are considered suitable for accommodating the low level number of vehicle movements that will be generated by the proposed development. Within the application site, there is sufficient space for delivery vehicles to enter, tip, turn and exit without impacting upon the function of the adjacent A2.
7.11 Although the submitted site plan does not indicate areas for a contractor compound, storage areas, tipping areas and wash down facilities, the site is large and capable of accommodating such spaces. The applicant has submitted a Method Statement together with additional information on the transportation impact of the development. The Method Statement sets out how the development will be carried out, together with information on protective measures and repair works if required.
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7.12 The applicant has confirmed that they will be asking their transport contractor to supply a wheel washing facility at the exit and if required, they will utilise colleagues at Cleansing to assist with clearing any issue with detritus/mud/stone at the exit.
7.13 The amount of soil to be imported is relatively modest and the transportation and construction impacts will have a limited effect upon highway safety, with sufficient capacity within the highway network to accommodate the vehicle movements generated by the proposals. It is noted that highway Services do not objection and overall, the development is considered to be acceptable in transport terms.
8.0 CONCLUSION
8.1 The proposed development will deliver enhancements to the existing sports pitch at Nobles Park, creating a more level playing surface which in turn creates public benefit. The visual impact of the development is acceptable and the transport impacts can be suitably managed. The proposed development therefore complies with the objectives of the Area Plan for the East and General Policy 2 of the Strategic Plan. It is therefore recommended that planning permission be granted.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to: o Applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria. 9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
9.5 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 the Right to Appeal. __
I can confirm that this decision has been made by the Head of Development Management 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, and/or rights to appeal.
Decision Made : Permitted Date : 17.06.2025
Determining Officer
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Signed : S BUTLER
Stephen Butler
Head of Development Management
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