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PLANNING OFFICER REPORT AND RECOMMENDATIONS Application No. : Applicant: Proposal: 14/00323/B USM Properties Limited Re - profiling, maintenance and drainage works to lower part of site to facilitate leisure use of land (retrospective) Land Adjacent To Millennium Way Sky Hill Churchtown Ramsey Isle Of Man Site Address: Mr Edward Baker Case Officer: Photo Taken : Site Visit: Expected Decision Level: 02.04.2014 Planning Committee Officer's Report THIS APPLJCAnON IS REFERRED TO THE PLANNING COMMITTEE IN VIEW OF THE NATURE AND LEVEL OF FEEDBACK FROM LOCAL PEOPLE. THE APPLICATION SITE The application site is located on the north face of Sky Hill to the south of Churchtown, in Lezayre Parish. The site, like its surroundings, originally comprised scrub land and gorse. However, it has since been excavated and the land re-profiled to form a shooting range. The works have been carried out and completed without planning approval and the application is seeking retrospective planning approval to correct this. The application site covers approximately 3 hectares and has a fall of around 24 metres in a northerly direction. The proposed works mainly relate to the southern part of the site where the shooting range has been formed. 1. The site is bounded by dense woodland on its north and west sides, which extend northwards towards Churchtown, which is at the foot of the hill. The woodland extends to the east and then wraps around the side of the hill, before extending southwards to the east of the site. In this sense, the site is loosely enclosed by woodland on its west, north and east sides. Access to the site is provided by the Millennium Way, a stone track and public right of way which begins at the foot of the hill next to Lezayre Road to the north east. The Millennium Way passes close to the site at the site's eastern side, before continuing in a south westerly direction where it steadily extends further away from the site. At its closest point, the Millennium Way is approximately 40 metres from the site's eastern end; and this extends to around 400 metres from the western end of the site. 2. THE PROPOSAL The application seeks planning approval for the retention of re-profiling works that have been carried out to create a shooting range. Retrospective planning approval is therefore being sought. 3. The shooting range is very long and narrow plateau, measuring approximately 290 metres in length by 30 metres wide. There are bunds on both the north and south sides as 4. 11 July 2014 14/00323/B Page 1 of 8

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well as a larger bund at the western into which the marksmen shoot into. A vehicular track has also been formed above the shooting range on its northern side to provide access. The site also includes land to the north of the shooting range, but beyond this point the land is relatively undisturbed. The site and adjacent land benefit from planning approval for leisure activities, granted in June 1990. (89/010701). Planning approval was granted last year for the erection of a general storage building to be used in connection with the leisure use of the land (13/00358/B). The building is to be located along the north edge of the land, below the shooting range and next to the woodland. 5. The applicant has submitted an additional plan which shows the areas which are intended to be grass seeded. Two photographs showing longer distance views of the site from the north have also been submitted. The plan and photographs have been circulated for information, but the application has not been formally re-advertised due to the nature of the information. 6. PLANNING HISTORY The site has the following relevant history: 7. 13/00358/B - approval granted in May 2013 for the erection of a general storage building. Conditions 3 and 4 of the approval state; C 3 - 'The building hereby approved must be used only for storage and operational purposes associated to the leisure activity use of the adjacent land,' C 4 - 'Outside of the hours of operation of any leisure activity event associated with the adjacent land there must be no external storage of items of equipment and vehicles on the site.' 10/01100/B - application seeking approval for the erection of changing facility and storage building and landscaping - withdrawn in 2011. 02/02411/A - approval in principle refused in 2003 for demolition of garages and storage buildings and erection of dwelling. 04/00660/B - approval granted at appeal in 2004 for erection of a two storey general purpose storage building to replace existing. 90/00234/B - approval granted to enlarge portion of existing vehicular track to form safe turning area, and improve entrance to field. 89/01701/C - approval granted at review in June 1990 for the change of use of land from agricultural to leisure activities. The conditions attached to the approval are reproduced below. There were no specific conditions controlling the type of leisure activities or limiting the hours of operation. There is correspondence on the file from the enforcement officer suggesting that conditions 2, 3 and 4 may have been breached. However, there is no evidence as to how this matter was concluded. C 1 - 'Only fencing and gateways of a traditional agricultural style will be allowed to be erection on the site.' C 2 - 'No other permanent structures of any sort, neither static nor mobile (e.g. portakabin) will be allowed on the site unless approved as the subject of a separate planning application.' Page 2 of 8 11 July 2014 14/00323/B

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C 3 - 'No private vehicles may be parked within the site, except those operated directionally in association with the business of running the activities undertaken on the site.' C 4 - The land between the Millennium Way and the service track must be roped off alongside the service track and marked as "Out of Bounds", whenever activities occur within the site.' C 5 - There must be warning notices posted along the perimeter of the site whenever activities are occurring within the site. There must be posted prior to the commencement of any activities and removed after cessation thereof. They may not be permanently affixed.' PLANNING POUCY The Isle of Man Development Scheme (Development Plan) Order 1982 identifies the site as being within an Area of High Landscape or Coastal Value and Scenic Significance. The woodland that wraps around the site to the north, west and east is an Area of Private Woodland or Parkland. 8, The following policies in the Isle of Man Strategic Plan 2007 are relevant to the 9. application: Strategic Policy 2: 'New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3 [General Policy 3],' Spatial Policy 5: 'New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.' General Policy 1: The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.' General Policy 3: 'Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: essential housing for agricultural workers who have to live dose to their place of work; (Housing Policies 7, 8, 9 and 10); conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); previously developed land(l) 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; the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); location-dependent development in connection with the working of minerals or the provision of necessary services; (a) (b) (c) (d) (e) 11 July 2014 14/00323/B Page 3 of 8

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(0 building and engineering operations which are essential for the conduct of agricuiture or forestry; (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.' Environment Policy 1: '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.' Environment Policy 2: The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: (a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential.' REPRESENTATIONS 10. Lezayre Parish Commissions - comments as follows: The commissioners approve the application but do have some concerns. They would like a noise level survey carried out in respect of the shooting range to demonstrate the impact on the area and local people. If the range will have a negative impact then the hours of opening should be controlled i.e, Monday to Friday only. A planting scheme should be imposed as a condition to the planning approval. The commissioners want to know why such a large range is required. They are concerned about the retrospective nature of the application. There are also concerns about accessibility by ambulances in case of an emergency. Highway Service - no objection. 11. The following comments have been received from local people: 12. Owner/occupier of Riverside, The Garey, Lezayre - objection: The proposal is destructive and unlawful. Concerns that the works have already been carried out. The site is on the northern plain and can be seen from miles around, The site is within an area of outstanding natural beauty, bojund Millennium Way and is a natural habitat for wildlife. The works have result in a massive ugly scar the well-used right across the faceVjfSKyhill. 14/00323/B Page 4 of 8 11 July 2014

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Speculates that the parish commissioners w^uld have turned down the application if it had been submitted before the works were carried 6ut. Questions whether local people are aware ^hat the leisure use of the land will include gun shooting. The application includes a previous report from the ecological officer at DEFA, which was submitted in 2010. Is the Geological owaro th^t tho site will-Rew-.be-iJse€l-^y a gun club? Land maintenance should not be carried out during the bird nesting season between March and August inclusive. Gun shooting during this period would have a seriously detrimental effect on nesting birds. There are properties below the site and Skyhill acts as a natural amphitheatre. There are major concerns about noise nuisance. The site could be open for several hours on every day of the week. Potential noise impacts from shooting on livestock kept on the fields above the Millennium Way. New firm conditions shouid be added to any approval, including hours of operation, noise levels and that the gun range should not be used between March and August during the bird nesting season. Landscape planting may also be desirable. Owner/occupier of Ballakiilingen, Lezayre - comments as follows: Owns and farms land adjoining the Millennium Way. The site has a history of a variety of proposals perhaps aimed at increasing the value of the land. The works have damaged the drainage channels at the site. This has result in drainage problems further down the hill, resulting in flooding and increasing the height of the river. The applicant shouid be required to refund the tax payer for the cost of the repairs to the ancient highway where it passes to the south of their property. ASSESSMENT Background The site benefits from planning approval granted in 1990 for "leisure activities" (89/01701). The approved use is quite generic and it is not specific or limiting as to the types of leisure activities that can be carried out. The applicant intends to use the site for rifle range shooting, as well as other activities such as 4x4 driving. It is considered that rifle range shooting, if carried out for leisure purposes (and not for example training), would fall within the ambit of the existing approval for leisure activities. 13. The Isle of Man Police Constabulary has confirmed that the shooting range would require a Certificate in accordance with Section 11 of the Summary Jurisdiction Act 1960. The Certificate would be issued on the recommendation of the Fire Arms Licensing Department and is concerned with public safety. The applicant has already had discussions with the Police Constabulary about the licence and their intended operating hours for the range. 14. Whether the site is a suitable location in principle for the proposed works 15, The application is seeking pianning approvai for the physical earthworks and not for ^ the use of the land as a shooting range. The Attorney Oeiieidl's Charribci Iiuij luiiIiiIIIUlI Lhat “ttle Planning Authority should limit its consideration of the application to the impact of the physical works themselves, and not to the use since the site already benefits from planning approval for leisure use. Provided that the shooting range is for shooting as a leisure pursuit - which the applicant confirms that it is - then no further approval is required for the use. Ttrts- means thuL Llie Pluiming Authority is unable to Tmposo controls on tho usG"Of-tI^e-shootrrrg~ raaoe^such as maximum noise-fevets and hums uf uuei'-ation. as otherwise suqQ6Sted-bv~the Pari«;l-| rnmmigsinqprg 14/00323/B Page 5 of 8 11 July 2014

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In terms of planning policy; the proposals do not accord with General Policy 3 of the Strategic Plan, which restricts the types of development in the countryside. No case has been made by the applicant that there is an overriding national need for the shooting range, as set out as one of the exceptions for development in criterion (g) of the policy. Nevertheless, the proposal would facilitate the leisure use of the land which would add to the variety of pursuits available on the Isie of Man and would, to an unidentified degree, support the Manx economy. Therefore, the works are considered acceptable in principle. 16. The main other matters relevant to the consideration of the application include the impact of the works upon the landscape and ecological issues. 17. The effect of the proposal on the landscape The proposed earth works are extensive; however, they cannot be readily seen from public vantage points. The main part of the works to form the shooting range extend approximately 280 metres on an east - west axis by approximately 40 metres wide. There are tall bunds of several metres on either side and as well as at end of the range where the shooting targets are situated. 18. The Millennium Way, which is a public right of way, by-passes the site but further to the south. At its closest point it is approximately 40 metres from the site (at its eastern end) but this extends to approximately 400 metres to the west as the Millennium Way passes away from the site. Since there is a brow at the top end of the site it is not possible to see the proposed works from the vast majority of the Millennium Way as it passes to the south of the site. Nor are there significant views from its closest point to the eastern end of the site. The works have considered to have no harmful impact from the Millennium Way. 19. The site is screened by woodland on Its south side which means that it is not visible from Lezayre Road. From much further views from the north including from the Garey, the woodland still provides screening and during the site visit it was not possible to discern any harmful impact from such longer distant views (the site visit was conducted in early April 2014). 20. The applicant has submitted a plan showing proposals to grass seed the embankments and bunds, which should further limit the visual impact of the works, if indeed they are publically visible. 21. In conclusion, whilst the proposed works are substantial they do not actually have a harmful wider landscape impact. 22. Ecological issues There is no evidence that the works have had or will have a harmful Impact on ecological interests. This is a somewhat difficult issue given that the works have already been carried out and it is not possible to assess the ecological value of the site in retrospect. 23. The application is supported by an email from Dr Selman, the ecologist at DEFA, dated July 2010, which was originally submitted in support of an earlier planning application. It identifies the potential for nesting birds in the gorse, the value of areas of grassland, bracken and the wildlife potential of the soil. It is unclear as to the area of land which these comments relate. The land has already been cleared and there is no evidence, either way, of whether there been any harm to wildlife interests. There is no real evidence that the proposed works will go on to have an adverse impact on ecological interests. 24. Drainage Page 6 of 8 llJuly 2014 14/00323/B

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The adjacent landowner has raised concerns about drainage. However, there is no specific technical evidence before the Planning Authority of a problem and this is considered to be more a civil issue between the applicant and adjacent landowner. 25. RECOMMENDATION 26. It is recommended that the application is approved with conditions. PARTY STATUS 27. The following parties should be afforded interested person status: The local authority, Lezayre Parish Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status. The Highways Service is granted interested party status under the Town and Country Planning (Development Procedure) Order 2013 paragraph 6 (4) (d). Owner/occupier of Baliakillingen, Lezayre - adjacent landowner 28. The following persons should NOT be afford interested person status: Owner/occupier of Riverside, The Garey, Lezayre - not an immediate neighbour Recommendation Recommended Decision: Permitted Date of Recommendation: 11.07.2014 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal 0 : Notes attached to refusals C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. To comply with article 14 of the Town and Country Planning (Development C2. 11 July 2014 14/00323/B Page 7 of 8

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Al[ grass seeding works shall be carried out in accordance with Drawing Number 1402C A received on 13 May 2014. The works shall be carried out during the next planting season following the date of this approval or in accordance with the programme agreed in writing with the Planning Authority. Reason: To ensure the provision of an appropriate landscape setting to the development. This approval relates to Drawing Numbers 1402C 01 (site location plan), 1402C 02 (drainage model), 1402C 3, 1402C 3A (sections shown on drainage plan), SM14/340/1 (sections), 1005/FPLL/SH/001 A (Sections A-A to E-E) received on 20 March 2014; and Drawing Number 1402C 01 A (grass seeded areas) received on 13 May 2014. I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under ^ appropriate delegated authority. Decision Made Committee Meeting Date: Signed : Presenting Officer Further to the decision of the Committee an additional report/condition reason is required, signing officer to delete as appropriate YES/Md 14/00323/B Page 8 of 8 11 July 2014