Appeal Documents

Chief Secretary'S Office

Applicant:	Manx Wildlife Trust
Proposal:	Installation of information boards (in association with 10/00491/CON), The Ornamental Gateway Marine Drive Port Soderick Isle Of Man

Oik yn Ard-Scrudeyr Our Ref: DF10/0010 Planning Application Ref.No: 10/00490/D

The Town And Country Planning Act 1999

The Control Of Advertisements Regulations 2005

Secretary To The Planning Committee Department Of The Infrastructure Murray House Mount Havelock Douglas

In accordance with Section 12 of the above Regulations, the person appointed by the Council of Ministers to consider this application has submitted his report.

In accordance with paragraph 12(5) (a) and (b), a copy of the appointed persons report is enclosed.

On the 9th September 2010, and after consultation, the Council of Ministers accepted the recommendation contained within that report and the application was approved subject to compliance with the conditions specified below.

Date of Issue: 6th October 2010

Chief Secretary's Office Government Offices Bucks Road Douglas

Mr A Johnstone Planning Appeals Administrator

Council did not consider it appropriate to consider conditions 2 & 3 set out in the report as these were matters that should be covered by the Department of Infrastructure under the License for Structures on the Highway.

Schedule Of Conditions:

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

Crown Division Government Office Douglas Isle of Man 23 July 2010

To the Council of Ministers Government Office

Honourable Members

Applications by Eleanor Stone for the erection of a set of pedestal mounted binoculars, and by Manx Wildlife Trust for 3 information boards at The Ornamental Gateway, Marine Drive, Port Soderick, Isle of Man.

1. I have the honour to report that on 27 June 2010 I made an inspection of the site of the above development. This report contains a description of the site and its surroundings, my appraisal of the planning considerations relating to the development, and a recommendation of the decision which might be made in the case.
2. The applications concern Planning Consent for the erection of one set of pedestal mounted binoculars (10/00560/GB); Advertisement consent for the erection of three information panels (10/00490/D); and Registered Building Consent for both parts of the proposal (10/00491/CON and 10/00561/CON).

The Site And Its Surroundings

1. The application site is a level platform approximately 8 m long by 5 m built on the seaward side of an ornamental stone arch which stands across Marine Drive. The platform enables pedestrians to have a view along the coast in each direction, and out to sea. It stands high above sea level. There is a stone wall around three sides of the platform, the area inside being tarmaced. The arch stands at the south western end of the platform. The site is roughly rectangular, with a small re-entrant wall about half way along its length.

The Proposed Development

1. It is proposed to install a set of pedestal mounted binoculars on the platform, close to its seaward side, in the re-entrant corner. Along the north eastern side of the platform three interpretive boards, 600 mm high, and 1000 mm wide would each be mounted on a single square post.

The material points are:

1. Marine drive is one of the best locations on the island for spotting a large variety of marine wildlife. It is an excellent area for bird spotting, as well as for marine mammals. In the winter, it is the best area on the island for seeing large groups of bottlenose dolphins, sometimes in groups over 100. In spring Marine Drive sees the first arrival of the Risso's dolphins and in the autumn you can see Minke whales. Throughout the year harbour porpoise and grey seal are common at this spot. The area is popular with residents and tourists, who use the area for walking. However there is currently no interpretation material at the site and indeed many people are unaware of the marine wildlife that can be seen just in front of them. The information boards are intended to draw people's attention to the sea and air, encouraging them to look for wildlife and providing information on the species they might see. The binoculars are intended to further encourage them to look and to make it easier for them to find animals, making their visit more rewarding. Thus the main purpose of the installation of both the signs and binoculars is public awareness and education as to the rich marine environment we live in.

Advice From The Planning Authority

The material points are:

1. The site is in an area designated as open space and an area for nature conservation in the Braddan Parish District local Plan. It is outside an area zoned for development, and thus General Policy 3 of the Strategic Plan applies. This presumes against development except in specified circumstances, which include " (h) building or works required for the interpretation of the countryside" The Gateway was a registered building. Under Environment Policy 32 extensions or alterations to a registered building which would affect detrimentally its character will not be permitted. There were no traffic management, parking or road safety implications.

Braddan Commissioners

1. Recommend approval.

Inspector'S Conclusions

1. Planning Policy Statement 1 / 01 sets out the policy applicable to alterations to Registered Buildings. It advises that in judging the effect of any proposal it is essential to have assessed the elements that make up the special interest of the building. Whilst no information has been given of what makes up the special interest of the Gateway, one can confidently conclude that the platform is a secondary part

of the building, and that the real interest lies in the archway itself. The proposed boards and the binoculars are proposed to be well removed from this part of the building. They are small in comparison to the mass of the building, and would have little impact upon its appreciation by the public. Furthermore, any harm which might arise to the setting of the building would be greatly outweighed by the public benefit of the proposals, which would enhance most people's visit to this part of the coast.

1. I recommend that the Application be approved, subject to the following conditions:

1 The development hereby permitted shall commence before the expiration of four years from the date of this notice;

2 The binocular stand shall be removed from the site at any time that the binoculars shall have been inoperative for longer than six months.

3 In the event that the interpretive notices have been absent from their stands for more than six months, the stands shall be removed from the site.

David Ward David Ward BSc(Hons)CEng MICE FCIHT Inspector

Mr I M McCauley Director of Planning and Building Control

Telephone (01624) 685947 Fax (01624) 686443 Email: [email protected] Our Ref: 10/00490/D Date: 9th June 2010

Mr A Johnstone Planning Appeals Administrator Crown Division Chief Secretary's Office Government Offices Douglas IM1 3PG

Dear Mr Johnstone,

Re: 10/00490/D – Installation of information boards (in associated with 10/00491/CON). The Ornamental Gateway, Marine Drive, Braddan.

Please find enclosed two copies of a planning statement written on behalf of the Planning Authority in respect of the above application, which I understand is to be the subject of a public inquiry due to the Department of Infrastructure having an interest in the land.

As stated within the statement I intend to be available to assist any subsequent public inquiry if required

Yours sincerely

Anthony Holmes Planning Officer

enc.

Department of Infrastructure

Isle of Man

Government Railiys Ellen Vannin

Planning statement on behalf of the Planning Authority

10/00490/D - Installation of information boards (in associated with 10/00491/CON). The Ornamental Gateway, Marine Drive, Braddan.

1.0 Introduction

1.1 Due to the land contained within the application site being within the control of the Department of Infrastructure it is understood that the application is due to considered by an appointed Planning Inspector who make a recommendation to the Council of Ministers. The intention of this statement is to set out the general background of the application and highlight the relevant planning policy considerations. In order to avoid any perception of bias the statement purposely makes no assessment of the proposal and offers no recommendation. The statement is intended to provide a background to the understanding of the submitted application and highlight planning policy considered relevant to any assessment. 1.2 The author of this statement intends to be available to appear at any subsequent public inquiry that may be deemed necessary.

2.0 Application Site

2.1 The application site comprises land containing the Ornamental Gateway that is located on Marine Drive in Braddan. 2.2 The Ornamental Gateway is a Registered Building (no. 233).

3.0 The Application

3.1 The application seeks approval for the installation of three information boards within the application site, adjacent to the Ornamental Gateway.

4.0 Planning History

4.1 The application site has not been the subject of any previous applications that are considered specifically material to the assessment of the current application. 4.2 There is a concurrent application (10/00491/CON) seeking Registered Building consent for the proposal. 4.3 There is also a planning application (10/00560/GB) and associated Registered Building consent application (10/00561/CON) seeking approval for the erection of one set of pedestal mounted binoculars.

5.0 Planning Policy

The Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 - Plan No. 3 5.1 In terms of local plan policy, the application site is located within wider areas of land that are

designated as a) open space; and b) nature conservation zone under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 - Plan No. 3.

The Isle of Man Strategic Plan 2007

5.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of the application. 5.3 General Policy 3 relates to development outside of areas zoned for development and states: "Development will not be permitted outside of areas zoned for development on the appropriate Area Plan with the exception of : (a) essential housing for agricultural workers who have to live close to their place of work, (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest, (Housing Policy 11); (c) previously development land 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 wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings, (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) b uilding and engineering operations which are essential for the conduct of agriculture 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) building or works required for the interpretation of the countryside, its wildlife or heritage." 5.4 Environment Policy 32 relates to the extension or alteration of a Registered Building and states: "Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted."

6.0 Representations

6.1 The statutory 21 day consultation period for the application ended on the 13th May 2010. 6.2 To date the Planning Authority is only aware of one representation. The Department of Infrastructure Highways Division do not oppose the application on the grounds they consider it to have no traffic management, parking or road safety implications. This stance is based on the information boards not obstructing any right of way access.

This statement has been prepared by Mr A Holmes BA(Hons) DipTP(UC) MRTPI on behalf of the Planning Authority.

Signed Date

Planning Application	Location	Response	Conditions	Reasons
10/00489/D	Installation of information boards Bradda Glen, Bradda Glen, Port Erin	Do not oppose has no traffic management, parking or road safety implications Note: Ensure the information boards do not obstruct any right of way access
10/00490/D	Installation of information boards (in association with 10/00491/Con) The Ornamental Gateway, Marine Drive, Port Soderick	Do not oppose has no traffic management, parking or road safety implications Note: Ensure the information boards do not obstruct any right of way access
10/00524/B	External alterations to offices 14 Douglas Street, Peel	Do not oppose has no traffic management, parking or road safety implications

Chief Secretary'S Office

Oik yn Ard-Scrudeyr

Planning Appeals Office

Government Office DOUGLAS Isle of Man IM1 3PN Direct Line: (01624) 685280 Fax Number: (01624) 685710 E-mail: [email protected]

CHIEF SECRETARY M Williams, CPFA

16th June 2010

---

Isle of Man Government

17 JUN 2010 DEPARTMENT OF INFRASTRUCTURE Our Reference: L02aNEW/DF10/0010

Secretary To The Planning Committee Department Of The Infrastructure Murray House Mount Havelock Douglas

Dear Sir/Madam,

Town And Country Planning (Development Procedure) Order 2005

Planning Application: 10/00490/D

Applicant: Manx Wildlife Trust

Proposal: Installation of information boards (in association with 10/00491/CON), The Ornamental Gateway Marine Drive Port Soderick Isle Of Man

Further to my previous correspondence concerning the above captioned application it has been agreed by the parties that this appeal should be dealt with by way of written representations only, and not a hearing.

I am enclosing copies of the appeal statements received to date in respect of this application. If you wish to respond to these statements please forward 8 COLLATED SETS of your rebuttal statement to be received by 5 p.m. on 1st July 2010.

Please note that no further opportunity for the submission of written comments will be allowed after this date.

On receipt of any rebuttal statements the file will be given to the next available inspector who will, having read the file and conducted a site visit, prepare a report and recommendation for the Minister of the Department of Infrastructure. In due course you will be advised of his decision.

For more information please visit our website http://www.gov.im/cso/

Yours faithfully,

A Johnstone Planning Appeals Administrator

Department of Infrastructure

Isle of Man

Government Baillya Elian Vannin

Planning statement on behalf of the Planning Authority

10/00490/D - Installation of information boards (in associated with 10/00491/CON). The Ornamental Gateway, Marine Drive, Braddan.

1.0 Introduction

1.1 Due to the land contained within the application site being within the control of the Department of Infrastructure it is understood that the application is due to considered by an appointed Planning Inspector who make a recommendation to the Council of Ministers. The intention of this statement is to set out the general background of the application and highlight the relevant planning policy considerations. In order to avoid any perception of bias the statement purposely makes no assessment of the proposal and offers no recommendation. The statement is intended to provide a background to the understanding of the submitted application and highlight planning policy considered relevant to any assessment. 1.2 The author of this statement intends to be available to appear at any subsequent public inquiry that may be deemed necessary.

2.0 Application Site

2.1 The application site comprises land containing the Ornamental Gateway that is located on Marine Drive in Braddan. 2.2 The Ornamental Gateway is a Registered Building (no. 233).

3.0 The Application

3.1 The application seeks approval for the installation of three information boards within the application site, adjacent to the Ornamental Gateway.

4.0 Planning History

4.1 The application site has not been the subject of any previous applications that are considered specifically material to the assessment of the current application. 4.2 There is a concurrent application (10/00491/CON) seeking Registered Building consent for the proposal. 4.3 There is also a planning application (10/00560/GB) and associated Registered Building consent application (10/00561/CON) seeking approval for the erection of one set of pedestal mounted binoculars.

5.0 Planning Policy

The Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 - Plan No. 3 5.1 In terms of local plan policy, the application site is located within wider areas of land that are

designated as a) open space; and b) nature conservation zone under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 - Plan No. 3.

The Isle of Man Strategic Plan 2007

5.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of the application. 5.3 General Policy 3 relates to development outside of areas zoned for development and states: "Development will not be permitted outside of areas zoned for development on the appropriate Area Plan with the exception of : (a) essential housing for agricultural workers who have to live close to their place of work, (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest, (Housing Policy 11); (c) previously development land 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 wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings, (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) b uilding and engineering operations which are essential for the conduct of agriculture 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) building or works required for the interpretation of the countryside, its wildlife or heritage." 5.4 Environment Policy 32 relates to the extension or alteration of a Registered Building and states: "Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted."

6.0 Representations

6.1 The statutory 21 day consultation period for the application ended on the 13th May 2010. 6.2 To date the Planning Authority is only aware of one representation. The Department of Infrastructure Highways Division do not oppose the application on the grounds they consider it to have no traffic management, parking or road safety implications. This stance is based on the information boards not obstructing any right of way access.

This statement has been prepared by Mr A Holmes BA(Hons) DipTP(UC) MRTPI on behalf of the Planning Authority.

Signed Date

Chief Secretary'S Office

Planning Application	Location	Response	Conditions	Reasons
10/00489/D	Installation of information boards Bradda Glen, Bradda Glen, Port Erin	Do not oppose has no traffic management, parking or road safety implications Note: Ensure the information boards do not obstruct any right of way access
10/00490/D	Installation of information boards (in association with 10/00491/Con) The Ornamental Gateway, Marine Drive, Port Soderick	Do not oppose has no traffic management, parking or road safety implications Note: Ensure the information boards do not obstruct any right of way access
10/00524/B	External alterations to offices 14 Douglas Street, Peel	Do not oppose has no traffic management, parking or road safety implications

Director of Highways R D Pearson BEng (Hons) CEng, MICE, MCIHT, DMS Highways Division Sea Terminal Building Douglas, Isle of Man IM1 2RF Switchboard (01624) 686600 Telephone (01624) 686676 Fax (01624) 686677 Email: [email protected]

25 NOV 1995

READ BY C.S.

FILE AWAY

TO RELEVANT OFFICER ON FILE

Oik yn Ard-Scrudeyr

PLANNING APPEALS OFFICE Government Office DOUGLAS Isle of Man IM1 3PN Direct Line: (01624) 685280 Fax Number: (01624) 685710 E-mail: [email protected] CHIEF SECRETARY M Williams, CPFA

Our Reference: L09NEW/DF10/0010

23rd June 2010

Secretary To The Planning Committee Department Of The Infrastructure Murray House Mount Havelock Douglas

Dear Sir/Madam,

TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) ORDER 2005

Planning Application: 10/00490/D Applicant: Manx Wildlife Trust Proposal: Installation of information boards (in association with 10/00491/CON), The Ornamental Gateway Marine Drive Port Soderick Isle Of Man

Further to my letter of 16th June 2010 concerning the above captioned appeal. Please find enclosed correspondence from Braddan Parish Commissioners. Yours faithfully,

A Johnstone Planning Appeals Administrator

RECEIVED 04 24 JUN 2010

DEPARTMENT OF APPASTRUCTURE