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                                      20/00321/B                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 20/00321/B Applicant : International Centre For Technology Ltd Proposal : Installation of four illuminated sculptures Site Address : The Nunnery Old Castletown Road Douglas Isle Of Man IM2 1QB

Planning Officer: Mr Peiran Shen Photo Taken : 05.05.2020 Site Visit : 05.05.2020 Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 05.12.2021 __

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 sculptures hereby approved shall not be illuminated unless in accordance with a lighting plan which has first been approved in writing by the Department.

Reason: to protect bats by avoiding unacceptable light pollution.

This application has been recommended for approval for the following reason. This application is considered to comply with General Policy 2 and Environment Policy 4, Environment Policy 5 and Environment Policy 22 of the Strategic Plan.

Plans/Drawings/Information;

This decision relates to:

• the document date stamped as having been received on the 13th March 2020;
• bat survey date stamped as having been received on the 11th February 2021; and
• the existing and proposed plan date stamped as having been received on the 13th May 2021. __

Interested Person Status - Additional Persons

None __

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Officer’s Report

1.0 THE SITE

1.1 The application site is the Nunnery, 27 Old Castletown Rd, Douglas, an estate located on the north of Old Castletown Road. There are woodlands along Old Castletown Road. Further north into the site are grassland and a few buildings. The buildings are surrounded by trees from the west, north, and south.

1.2 The estate has four distinctive structures: the mansion, which is currently a campus of UCM; a marquee, which is proposed for organising events; the Chapel and the site of priory, both a part of the used to be monastery.

2.0 THE PROPOSAL

2.1 The application seeks Planning Approval for landscaping works in the estate relating to the erection of four sculptures with illumination features.

3.0 PLANNING HISTORY

3.1 There is no previous application considered materially relevant to this application.

4.0 PLANNING POLICY

4.1 In terms of local policy, the site lies within an area designated as Buildings or Land for Civic, Cultural or Other Use in the Area Plan for the East. South and east of the site, two adjacent areas are designated as Open Space (which may be for particular purposes).

4.2 In the written statement for the Area Plan for the East, the site is being designated within a site for potential future Wildlife Sites (The Nunnery and Lower Douglas River).

4.3 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:

4.4 General Policy 2 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; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;"

4.5 Environment Policy 3 states: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value."

4.6 Environment Policy 4 states: "Development will not be permitted which would adversely affect:

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(b) species and habitats of national importance: (i) protected species of national importance or their habitats. (c) species and habitats of local importance such as Wildlife Sites."

4.7 Environment Policy 5 states: "In exceptional circumstances where development is allowed which could adversely affect a site recognised under Environmental Policy 4, conditions will be imposed and/or Planning Agreements sought to: (a) minimise disturbance; (b) conserve and manage its ecological interest as far as possible; and (c) where damage is unavoidable, provide new or replacement habitats so that the loss to the total ecological resource is mitigated.

4.8 Environment Policy 22 states: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution."

5.0 CONSULTATIONS:

5.1 The Douglas Borough Council has not comment at the time of the report (10/05/2021).

5.2 DoI Highway Services does not object to the application (23/02/2021). The comment states there is no significant negative impact upon highway safety, network efficiency and/or parking.

5.3 DEFA Biodiversity Policy Team wrote in request additional information (08/04/2020). The comment states that although they do not feel the need to object to this application. They were concerned about the potential light pollution from the lighting element, particularly its impact on the adjacent Wildlife Site and the bats habitat within the area. The comment as states that upward light, such as one on the proposed sculptures are of particular concern, and no lights are strongly preferred. The comment recommend that either the lighting elements are removed from the statues or down lighting being considered. The comment suggests that a bat survey should be conducted to ensure the development will not adversely affect species and their habitats.

5.4 DEFA Biodiversity Policy Team wrote in (15/06/2021) stating that the submitted bat survey report is considered acceptable. The comment also recommend that lighting which complies with the bat survey report should be conditioned if the application were to be approved.

6.0 ASSESSMENT

6.1 The main consideration for this application are its impact on the character and landscape of the area and its impact on the wildlife near the area.

6.2 Art pieces, especially public art that reflect the island's cultural and history are generally welcomed. The proposed sculptures are within a private estate. However, as the site is accessible by the UCM and is being rented out for large gatherings. These sculptures will serve a portion of the public and create positive impact and therefore will be supported as such.

6.3 The site is lower than the public highway and being shielded by woodlands. No sculptures will be visible from a public vantage point therefore it is considered that there is no negative impact on the character and landscape of the area.

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6.4 The main concern regarding wildlife is the lighting element within the sculptures. The bat survey has recommend restrictive lighting so it is considered appropriate to attach a condition that require a lighting plan to be submitted and approved by the department.

7.0 CONCLUSION

7.1 This proposal is considered to comply with General Policy 2 and Environment Policy 4, Environment Policy 5 and Environment Policy 22 of the Strategic Plan. Therefore, it is recommended for an approval.

8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land which the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision-maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status. __

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

Decision Made : Permitted Date : 08.12.2021

Determining officer Signed : S BUTLER

Stephen Butler

Head of Development Management

Customer note

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