Officer Report

Application No.: 25/90187/B Applicant: Scout Association Isle Of Man Proposal: Partial re-roofing of stone building Site Address: Mullin Ny Carty Camp Site Foxdale Road Malew Isle Of Man IM9 3ET Planning Officer: Vanessa Porter Photo Taken: 19.06.2025 Site Visit: 19.06.2025 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 19.06.2025 _________________________________________________________________

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. The development hereby approved shall be carried out in accordance with the approved details received on 19th February 2025 and shall only consist of a dark green profiled steel sheet roof measuring approximately 6.8m by 4.0m. Reason: The proposal is considered acceptable by reason of its size, material and overall use.
• C 3. The dark green profiled steel sheet roof measuring approximately 6.8m by 4.0m hereby approved shall be removed from the site/partial building should it no longer be required for the purposes as set down in the planning application documents received on 19th February 2025.

Reason: The development allowed on the basis of the proposed use and should be removed when no longer required.

This application has been recommended for approval for the following reason.

Overall whilst the proposal does not meet the policies of the Isle of Man Strategic Plan for development situated within areas "Not Zoned for Development," the proposal is deemed accepted by reason of its size, material and overall use, which would result in an acceptable and appropriate level of development within the site, which would not have any significant impact upon the character and quality of the landscape.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 19th February 2025;

• o Covering Letter
• o Location Plan
• o Site Plan
• o Drawing No. 2.1.24
• o Photographs of the site _________________________________________________________________

Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: Highway Services - No objection Malew Parish Commissioners - No objection

_________________________________________________________________ Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT IS CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR APPROVAL

1.0 THE SITE - 1.1 The application site is within the curtilage of Mullin Y Carty Camp Site, Foxdale Road, Ballasalla, which is a parcel of land situated to the Western side of Foxdale Road and Northwest of Silverdale Glen. Access to the site is via an existing entrance and track. - 1.2 The site is characterised by mature woodland, especially along the site boundary, with the site being split into three levels, of which each level comprises of grassy areas, varying in size. The upper area currently accommodates a toilet and shower block connected with the use of the site. This area also accommodates a camping area. The middle level runs level with the access lane and is the smallest section of grassed area. The lower level is the largest area and contains a single storey stone building which is in a ruined state. This area also accommodates the largest area for camping. The Silver Burn River runs along the north and eastern boundaries of the site.

2.0 THE PROPOSAL - 2.1 The current Planning Application seeks approval for the erection of a dark green profiled steel sheet roof measuring approximately 6.8m by 4.0m to be affixed to part of the existing ruin on site. - 2.2 The agent states the following regarding the proposed roof, "In order to be able to use the ruin in all weathers it is proposed to provide a roof constructed from a timber frame onto which will be fixed green profile steel sheets to match existing building over approximately one third of the building this in wet weather children can sit under the covering still enjoying an open fire in the un-roofed part of the ruin and if the weather is particularly wet camping and bush craft skills can be carried out in the covered part.

The galvanised scaffold poles will be removed as these were used to throw a tarpaulin over to make a covered area, this did not prove successful."

3.0 PLANNING HISTORY - 3.1 There are two previous applications on the site, PA97/00578/B - Erection of toilet block - Permitted

PA12/00822/B - Erection of a store building, canopy to existing shower building and a flag pole

• Permitted

- 4.0 PLANNING POLICY

4.1 The site lies within an area zones as "Not for Development" and a Designated Wildlife Site - No. 2771/001 on the Area Plan for the South. The site is not situated within a Conservation Area but is situated within a Flood Risk Zone, High Risk Fluvial Flood Zone and there is a Public Right of Way Footpath, No. 423 that goes through the site. - 4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;

• Strategic Policy 1 - Efficient use of land and resources
• Strategic Policy 2 - Priority for new development to identified towns and villages Strategic Policy 5 - Design and visual impact Spatial Policy 5 - Development in the countryside only in accordance with General Policy 3

• General Policy 2 - General Development Considerations
• General Policy 3 - Exceptions to development in the countryside Environment Policy 1 - Protection of the countryside Environment Policy 4 - Development will not be permitted which would adversely affect Wildlife Sites. Environment Policy 10 - Applications in a Flood Risk Zone require a Flood Risk Assessment.

- 5.0 REPRESENTATIONS

5.1 The following representations can be found in full online; - 5.2 Highway Services have considered the proposal and state "No Highway Interest." (24.02.25) - 5.3 Malew Parish Commissioners have considered the proposal and state, "No objections." (07.03.25)

- 6.0 ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

• - principle
• - impact of the development upon the surrounding countryside
• - other matters

- 6.2 PRINCIPLE

• 6.2.1 The starting point with any application within land designated as "not for development" is whether the proposal would comply with the relevant planning policies in connection with the site designation.
• 6.2.2 The proposed does not fit within the exceptions of the Isle of Man Strategic Plan 2016 which protects the countryside for its own sake, whilst this is the case the site itself has a long established camp site, which has been used by the Scouts for a number of years. This can be seen within the planning back history for the site, as such the principle of the proposal is deemed acceptable.
• 6.3 IMPACT OF THE DEVELOPMENT UPON THE SURROUNDING COUNTRYSIDE

• 6.3.1 The proposal is to install a roof measuring approximately 6.8m by 4.0m upon part of the existing ruin situated to the North East of the site. The existing ruin is situated below the

• main road into the site and is surrounded by substantial mature trees and hedging. As such it is unlikely that the proposal will be seen in the overall streetscene from the main Foxdale Road.
• 6.3.2 Whilst it's noted that there is a public right of way situated through the site, which will award views of the proposed roof, it is unlikely that the proposed roof will impact the surrounding area above and beyond what is already in place, especially noting the already existing structures with green metal profile roofing.

- 6.4 OTHER MATTERS

• 6.4.1 The site is situated within a High Risk Fluvial Flood Zone, which in line with Environment Policy 10 would require a Flood Risk Zone, whilst this is the case, the proposal is to add a roof to part of the existing structure. No other works are proposed with all the openings of the ruin staying the same. It should also be noted that Flood Risk Management were consulted on the 19.02.25, of which no reply has been received. With this in mind, a Flood Risk Assessment is deemed not required.
• 7.0 CONCLUSION

7.1 Overall whilst the proposal does not meet the policies of the Isle of Man Strategic Plan for development situated within areas "Not Zoned for Development," the proposal is deemed accepted by reason of its size, material and overall use, which would result in an acceptable and appropriate level of development within the site, which would not have any significant impact upon the character and quality of the landscape. - 8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

8.1 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).

8.2 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.

8.3 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. - 8.4 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.

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 and/or rights to appeal.

Decision Made: Permitted Date: 30.06.2025 Signed : Presenting Officer

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