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25/10055/AIR PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 25/10055/AIR Applicant : Mr Neil Caine Proposal : Information in relation to condition 5 of PA 23/01057/B providing full details for the habitat mitigation plan at Glen Road, Laxey Site Address : Glen Road Laxey Isle Of Man

Planning Assistant: Mrs Charlotte Crowe

Recommended Decision: Permitted Date of Recommendation: 16.05.2025

Notes for Approval

NOTE. In this instance of the submitted documents and after consultation with the case officer, who is happy with the level of detail, it is deemed sufficient to achieve the desired outcome and would be considered satisfactory for the planning condition 5 of application 23/01057/B, under the understanding that the development shall not be carried out unless in accordance with the approved details.

Plans/Drawings/Information;

This decision hereby approved relates to documents submitted to the Department titled: APPLICATION FORM, COVERING LETTER and LAXEY HABITAT MITIGATION PLAN FINAL REVISED 2, all recorded as being electronically received on 15.04.2025

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Officer’s Report

1.0 Description 1.1 The proposed application 23/01057/B for construction and replacement of existing walls for the purpose of providing flood protection to Glen Road, Laxey was approved on the 09.07.2024 subject to 5 conditions some of which required submission of additional information prior to the commencement of works.

1.2 This report is specific to condition 5 which the applicants are seeking to satisfy.

1.3 Specific wording of the condition as follows:

No works of development on site shall commence prior to the submission of a habitat mitigation plan, written by a suitably qualified ecological consultancy, has been provided to DEFA Planning and approved in writing. The plan should contain details of propionate habitat replacement works, alongside a timetable for implementation. The development shall be carried out in accordance with the approved details.

REASON: To ensure that the provisions of the habitat mitigation plan are adequately managed and monitored.

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25/10055/AIR

2.0 Proposal 2.1 The applicants have submitted a detailed mitigation plan provided by Ecology Vannin Consultancy Services along with a duly completed application form on the 15.04.2025.

2.2 The site has already been subject to an Ecological Impact Assessment (EcIA) (Katie Watson Consulting, 2023). Site assessments have also been carried out by Ecology Vannin (2023) followed by the production of a CEMP and an Invasive Species Management Plan.

From these, methods have been provided to be used in order to avoid negative impacts to retained habitats, protect the watercourse from pollution, manage invasive species at the site and protect any potential protected species at the site including nesting birds.

In addition, regarding impacts to native fish due to the works impacting / taking place within a watercourse, the works will be carried out in line with methods previously agreed between DEFA and Fisheries on an upstream section of flood wall creation.

Further to the above, mitigation is required for the loss of terrestrial habitats proposed to take place. Proposals for this are outlined in the Habitat Mitigation Plan that has been provided.

2.3 The document goes on to outline legislation for Protected Species Bats, Common Lizard, Common Frog, Bats and Birds.

2.4 A constraints plan has been provided that also details that westernmost green area shown as retained vegetation can no longer be retained due to being undermined and needing to be replaced with a concrete toe. The length indicated blue can no longer have any vegetation or coir rolls recreated within due to practicalities (reasons stated including probability of it washing away high, reduction of effective capacity of watercourse). The plan highlights the exclusion zone, working area, existing access to the river and areas of protection.

2.5 The mitigation plan has been comprehensively provided with a detailed table outlining the Potential adverse impacts / locations, proposed mitigation and timescale for implementation.

2.6 Figure 2 details the Habitat Mitigation Measures that outlines the 'Habitat Creation' which is proposed as re-profiled bank topped with coir mat. Grey wagtail boxes, which are shown in 3 of 6 locations. Also highlighted is habitat loss which is the garden scrub/shrub and riverbank. The habitat creation areas for holly, hawthorn, blackthorn and willow planting have been shown.

2.7 After consultation with the Department's Biodiversity Team, the applicants confirmed 'The Department is currently in the process of appointing an Ecological Clerk of Works for this project. The location of the three grey wagtail boxes will be determined with their input, and we will keep Miss Sophie Costain informed during the process.' 15.05.2025

3.0 Consultation 3.1 The recommending officer of the original application was consulted for advice on the satisfaction of condition. The advice received after their review of the submitted documents, concludes that they are pleased to confirm that the information satisfies the relevant clauses.

3.2 The Department's Ecosystems Policy Team were consulted for advice on the satisfaction of condition in relation to the details that had been provided. The comments

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25/10055/AIR provided are as follows: "The Ecosystem Policy Team can confirm that we are content with the details contained in Ecology Vannin's Habitat Mitigation Plan dated January 2025.

The applicant must ensure to undertake the development in full compliance with the mitigation measures contained in Table 1.

The applicant must also ensure to provide clarification on the scope of the easternmost works with their Ecological Clerk of Works in order to ensure that roosting bats and nesting birds are not impacted by the works and so an offence is not committed. Should roosting bats be found then the Ecosystem Policy Team should be contacted on 651577.

It would be useful if the applicants could provide us with the location of the 3 other grey wagtail boxes." 17.04.2025 - additional information in relation to the wagtail boxes has been provided in para 2.7.

4.0 Recommendation 4.1 In this instance of the submitted documents and after consultation with the case officer, who is happy with the level of detail, it is deemed sufficient to achieve the desired outcome and would be considered satisfactory for the planning condition 5 of application 23/01057/B, under the understanding that the development shall not be carried out unless in accordance with the approved details.

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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: 20.05.2025

Determining officer

Signed : C BALMER

Chris Balmer

Principal Planner