68742

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PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 22/00042/B Applicant : Country Pursuits Isle Of Man Limited Proposal : Erection of a building to provide storage, toilet facilities for the shooting range as well as a clubhouse Site Address : Skyhill Shooting Centre Millenium Way Ramsey Isle Of Man

Senior Planning Officer: Mr Jason Singleton Photo Taken : Site Visit : Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 13.07.2022 __

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 buildings hereby approved shall be removed and the ground restored to its former condition in the event that it is no longer used or required for leisure purposes.

Reason: The building has been exceptionally approved solely to meet the need of the club in association with the leisure use of the land and its subsequent retention could result in an unwarranted intrusion in the countryside.

This application has been recommended for approval for the following reason. It is considered the proposal would comply with Environment Policy 1, 2 and General Policy 3 of the Isle of Man Strategic Plan.

Plans/Drawings/Information; This decision relates to drawings and supporting information received on 9th February 2022, referenced; Aerial views of the site Existing clubhouse visual Existing hedging landscaping Location plan Proposed car parking allocations

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Proposed Elevations Proposed Ground and First Floor Plan Proposed Site Plan Site Plan Visualisation 1 of 3 Visualisation 2 of 3 Visualisation 3 of 3 Planning Statement __

Interested Person Status - Additional Persons

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

o Fernside o Little Garey Glen Tramman o Ballacrye Garey Road o Riverside o Glen Trammen o Ballakilligan o Killingan Beg, Churchtown

as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __

Officer’s Report

THIS PLANNING APPLICATION IS BEFORE THE COMMITTEE AS THE LOCAL AUTHORITY HAVE OBJECTED AND THE APPLICATION IS RECOMMENDED FOR APPROVAL.

1.0 THE SITE 1.1 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. The site is accessed from the A3 and uses the public lane way / Millennium Way to access this part of the site. The site area is a level section of land that has been previously cleared (see planning history) with the land falling from the highest to the south and lowest to the north and encompassed by mature gorse bushes.

1.2 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

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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.

2.0 THE PROPOSAL 2.1 Proposed is the erection of a building on site to provide storage, toilet facilities and club house. The proposed building would have a footprint of 10m x 16m with an eaves level of 4.6m and a ridge height of 5.6m. The building will be finished in facing brick on the lower half and green coloured 'Kingspan' sheeting above including the pitched roof with 6 roof lights. The lower 3.4m will be screened by the existing gorse banking as illustrated in the drawings.

2.2 The agent notes; "The building will have, on the ground floor, an equipment and supplies store, armoury, reception, cloakroom and toilet which will, due to the ground conditions, be a waterless facility. Above there will be a covered balcony deck, kitchen office and store with the clubhouse room being the largest space (7.8m by 9.8m)".

2.3 This application is solely for the erection of a building and landscaping on site. The activities on site are not to be considered as part of this application as they are already lawful as per the planning history.

2.4 The application is accompanied with a comprehensive planning statement in support of the proposals which highlight the pertinent issues and resolutions.

3.0 PLANNING POLICY 3.1 The site is designated on the 1982 Development plan (north)_ as rural area or white land that sits 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.

3.2 It should be noted that despite the current land use designation the site received planning approval to be used as a leisure facility and the 'shooting' on site would fit within that narrative. The site is not within a conservation area, or subject to any flood risk and there are no registered trees on site that are affected by the proposals.

3.3 Within the draft area plan for the north and west, the site is not designated for any particular use and features as part of rural area and within the Landscape Assessment (Draft Map 2) as A1; Uplands. Within the written statement this category is defined on page34; To conserve and enhance: a) the character, quality and distinctiveness of the open and exposed character of the moorland; b) its uninterrupted skyline and panoramic views; c) its sense of tranquillity and remoteness; d) its wealth of cultural heritage features.

3.4 The following policies in the Isle of Man Strategic Plan 2016 are relevant to the application:

3.5 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].'

3.6 Strategic Policy 5: 'New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies'.

3.7 Spatial Policy 5:

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'New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.'

3.8 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:

(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 developed land(1) 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; (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) building 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) buildings or works required for interpretation of the countryside, its wildlife or heritage.'

3.9 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.'

3.10 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.'

4.0 PLANNING HISTORY 4.1 14/00323/B - Re - profiling, maintenance and drainage works to lower part of site to facilitate leisure use of land (retrospective). Approved.

C 2 - 'All 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'.

C 3 - 'Notwithstanding the details submitted, further details of the scheme of drainage should be submitted to and approved by the Planning Authority prior to any works continuing.

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The site should then be made available for Inspection by the Planning Authority or their advisors to ensure that the scheme is carried out as approved. REASON: to ensure that site is adequately drained and to ensure such drainage does not adversely affect watercourses nearby'.

4.2 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.'

4.2 10/01100/B - application seeking approval for the erection of changing facility and storage building and landscaping - withdrawn in 2011.

4.3 02/02411/A - approval in principle refused in 2003 for demolition of garages and storage buildings and erection of dwelling.

4.4 04/00660/B - approval granted at appeal in 2004 for erection of a two storey general purpose storage building to replace existing.

4.5 90/00234/B - approval granted to enlarge portion of existing vehicular track to form safe turning area, and improve entrance to field.

4.6 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.'

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.'

5.0 REPRESENTATIONS (in brief- full reps can be read online) 5.1 Lezayre Parish Commissioners commented (11/03/22) OBJECTING and provides commentary on the current use of clay pigeon shooting and scrambling, the creation of noise nuisance from those activities affecting nearby residents; seek planners to consider the noise implications; recalls a previous planning application ref; 17/01024 - 'Creation of clay pigeon shooting facility, including erection of three field shelters, all with alternative use for

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agricultural purposes' which was refused; Acknowledge the site has permission for leisure uses, seeks noise measurements are taken, comments on the details of the drawings submitted, the size of the building and references a previous approval for a building on site (albeit in a different location); highlights the 'portakabin' on site has no approval; comments on the use of the site as a rifle range and how that is controlled and continually seek that some form of control is placed on the activities on site and noise nuisances from them.

5.2 Highways Services do not object (No Highways Interest) 18.02.22

5.3 NEIGHBOUR REPRESENTATIONS (in brief) A number of comments have been received from nearby residents at properties referenced below who object; o Fernside o Little Garey Glen Tramman o Ballacrye Garey Road o Riverside o Glen Trammen o Ballakilligan o Killingan Beg, Churchtown

who between them raise the following material planning considerations that have been thematically categorised; o Visual impact of the proposed building o Noise nuisance from activities on living conditions o Impact on animal and bird welfare from noise o Safety of gun use o Detracts from the countryside o Seeks noise reducing conditions o Impact on hill walkers and dogs from noise o Security of the site and policing o Increase in vehicle use o Flooding on site o Falling clays / fragments o Drainage issues

6.0 ASSESSMENT (i) Principle

(STP2, SP5, GP3) (ii) Design

(STP5) (iii) Visual Impact

(EP1,EP2)

(i) Principle 6.1 The starting point for any development within the countryside (i.e. not zoned for development) is General Policy 3 of the Isle of Man Strategic Plan. This policy states that development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of those listed. However, none of the exceptions listed mention development associated with shooting ranges or leisure activities, which is perhaps to be expected given the fairly unusual use. The policy is a general policy and there are occasionally developments which do not fit within the exceptions listed.

6.2 Significant material weight is given to the fact that 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 is using the site for clay pigeon shooting, as well as other activities such as scrambling. It is considered that shooting, (and as approved in 2014 to create the long range) if carried out for leisure purposes would fall within the ambit of the existing approval for leisure activities. As such the issues raised by the surrounding residential properties as noted in para

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5.3 regarding noise and the activities on site as a result of shooting is not a consideration for this application.

6.3 With regard to the shooting as an activity, the Isle of Man Police Constabulary 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 confirmed they have already had discussions with the Police Constabulary about the licence and their intended operating hours for shooting on site.

6.4 Accordingly, while the proposed works do not fall within the exceptions listed in General Policy 3, it is considered the principle of a buildings (as previously approved in 2013) is considered acceptable on the site, especially as the club appears to be successful and continues to grow. The main consideration is whether the buildings proposed would adversely affect the countryside.

(ii) Visual Impact 6.5 Due to the topography of the site (already excavated under the 2014 approval) the building would be remote on the landscape but the proposed siting is in an area that balances the topography of the land and natural screening, which would help to mitigate any distant views, especially when or if viewed from the highway (A3) approx. 400m away from the northern boundary and at a lower level.

6.6 The design of the buildings, with its low profile height, chosen cladding materials and green colour helps to ensure any visual impact from distance views are mitigated. Those aspects ensure the proposed building would not appear out of character in its rural setting and the impact on the countryside is kept to a minimum thus limiting any visual impact. In this instance is not considered to have a detrimental impact which would adversely affect the character or quality of the landscape to such an extent to warrant a refusal and would comply with the criteria of Environment policy 1 and 2.

6.7 In terms of the building proposed, this would be a purposed built building which would provide the level and quality of accommodation sought by the club; whilst also not having a significant visual impact upon the countryside setting/landscape. However a condition requiring the removal of the 'portakabin' prior to occupation of the building would be appropriate and equally should this proposed building cease to be used for this approved use, a further condition requiring the building's removal and the land returned to its current condition would be appropriate.

7.0 CONCLUSION 7.1 Overall, this proposal relates to a site with a previously approved use as a shooting / leisure activities. With appropriate conditions attached and for the reasons given, it is considered the need for the new building on this site is accepted for the pre-existing shoot activities which take place on the site. Therefore it is considered the proposal would comply with Environment Policy 1, 2 and General Policy 3 of the Isle of Man Strategic Plan. It is recommended that the application be approved subject to conditions.

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;

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(e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land 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 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.

Decision Made : Permitted

Committee Meeting Date: 08.08.2022

Signed : J SINGLETON Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.