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22/00377/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 22/00377/B Applicant : Mr David Andrews Proposal Continuation of restoration works rebuilding of gravel bund, re-profiling of the lake edge, new ponds, erection of birdwatching hide. Site Address Manx Birdlife Point Of Ayre Reserve Cranstal Bride Isle Of Man IM7 4BS
Case Officer :
Mr S Butler Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 16.05.2022
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. No excavated material shall be removed from the site and no fill materials may be brought onto the site other than as set out in the method statement.
Reason: For the avoidance of doubt - the works proposed are engineering works to alter the existing landform but do not seek approval to remove material from/import material to the site and so any impacts which may result from that (e.g. highways/traffic) have not been assessed.
C 3. The works hereby approved shall not be undertaken other than in accordance with the method statement, which forms part of the approved plans.
Reason: In the interests of clarity and to ensure the development takes place in accordance with the approved details.
C 4. Prior to the commencement of the works hereby approved, details of any proposed planting/seeding shall be submitted to and approved in writing by the Department and the development shall not take place other than in accordance with the approved details.
Reason: the application does not provide details of any proposed planting/seeding and given the site designation it is important that any that does take place is appropriate.
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C 5. There shall be no provision on the site of moveable structures, works, plant or machinery required temporarily in connection with the development hereby approved unless details (including timescale for removal) have been submitted to and approved in writing by the Department and they are provided in accordance with those approved details.
Reason: For the avoidance of doubt, and because the application does not include any details of these and the relevant permitted development order does not apply to this site.
This application has been recommended for approval for the following reason. The development is not in a designated site nor is it an exception allowed for by General Policy 3. However, the proposed works would enhance an existing nature conservation site in accordance with Environment Policies 1, 4 and 27 and no material considerations have been identified which would justify refusal.
Plans/Drawings/Information;
This decision relates to the following plans/drawings/information (received 28.03.2022): Cover Letter Application Form 01 - Location Plan 02 - Site Plan NE 02B Hide - Site Plan Hide 02A - Site Plan NE Bund 03 - Existing Site Levels 04 - Cross-section A & B 05 - Cross-section C 06 - Cross-section D & E 07 - Hide elevations
Description of Proposals Method Statement Planning Statement __
Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE COMMITTEE AS IT COULD BE CONSIDERED A DEPARTURE FROM THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL.
1.0 THE SITE 1.1 The site is part of an area of a former sand and gravel quarry at the Point of Ayre, approximately 500m to the south west of the lighthouse. Access is available for motor vehicles from the public highway via a rough, wide lane which stops at a secured gate. No public access is currently available and the site is privately owned and managed as a bird sanctuary.
2.0 THE PROPOSAL 2.1 The applicant has described the proposals as follows:
"This proposal is supplementary and complementary to previously approved application 21/00929/B. Application 21/00929/B was originally submitted with the expectation of works being undertaken during the non-breeding season August 2021 to March 2022. Unfortunately,
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due to Covid and other delays beyond our control, this work has not commenced. This new proposal covers work that is planned for August 2022 to March 2023. The two proposals together address biodiversity restoration as well as protection of wildlife from, and safety of, visitors. With these works completed, it is Manx BirdLife's aim to open the reserve to 'controlled' public visiting from circa April 2024.
This proposal includes: the rebuilding of a gravel bund to screen people from the lake and prevent disturbance of the wildlife; re-profiling the lake edge and adding aquatic vegetation to prevent future erosion of the repaired bund whilst providing valuable sheltered habitat for wildlife; a chain of new ponds, a new birdwatching hide.
i) Bund repair - The gravel bund alongside a 130m stretch of the track shown on Drawing 02 NE, which was part of the early restoration works, has eroded away to a lower height or is non- existent. This is to be built back up to a continuous bund of around 2m in height using the sand and gravel from surrounding spoil piles, placed there for this purpose.
ii) Re-profiling the lake edge - To reduce the risk of future erosion and provide an area of emergent aquatic vegetation, valuable to both breeding and sheltering wildfowl, we intend to reduce the slope profile of the lake edge. This will be done using material won by creating a new channel in the lake, cutting off the adjacent existing spit. Additional material will come from the creation of a chain of new ponds. This shallower edge is then to be covered in imported topsoil to a depth of 0.3m to provide a bed for the introduction of locally sourced, native aquatic vegetation.
iii) Chain of new ponds - A chain of new ponds are to be created extending out from an extant pond. To create these ponds the area will need to be lowered, sloping down to the groundwater level before the ponds are excavated. The majority of spoil to be used in ii) above.
iv) Bird hide - A bird watching hide will be built to provide sheltered viewing facilities for visitors. The 'off the shelf' standard 10.8m hide will be of a 'traditional' tried and tested design by long established company Gilleard Bros. It will be a wooden, weather board clad, building with the capacity for 24 visitors, stood and seated, including space for wheelchair access".
2.2 The application form confirms full approval sought, existing and proposed use is Nature Reserve, no floor space created, no changes to access, no parking spaces existing/proposed, change to site levels (Around 250t of topsoil will be imported onto site. Truck access is via the existing access track), no new/amended services or drainage/sewage, development not within 15m of trees/hedges, within 9 m of water course and not in flood risk area.
2.3 The application is accompanied by a method statement and planning statement.
3.0 PLANNING POLICY
3.1 Site Specific o 1982 Development Plan: Area of an area of High Landscape or Coastal Value and Scenic Significance; Nature conservation zone, nature reserves and sits of ecological importance for conservation; and small, oval area identified as an area for surface mineral working (gravel). o Area Plan for North (call for sites) noted. o Not within Conservation Area, no registered trees. Parts of site identified as being at risk of flooding. o Landscape Character Assessment (2008) noted.
3.2 Strategic Plan (2016)
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o Strategic Policy 4 - development proposals must protect and enhance the nature conservation of designated sites o General Policy 2 - 'Development Control' considerations o General Policy 3 - presumption against development outside allocated sites, other than specific exceptions which include, "location-dependent development in connection with the working of minerals" and "buildings or works required for interpretation of the countryside, its wildlife or heritage" o Environment Policy 1 - protection of countryside and its ecology o Environment Policy 2 - protection of landscape o Environment Policy 4 - protection of ecology and designated sites/protected species o Environment Policy 13 - floodrisk o Environment Policy 22 - pollution o Environment Policy 24 - Environmental Impact Assessment o Environment Policy 27 - environmental enhancement o Paragraph 7.21.1 states, "7.21.1 In addition to the need for protection there is also a need to carry out enhancements to the natural environment if a sustainable vision for the Isle of Man is to be achieved ... Such opportunities may include former mining areas which have been or are in the process of being reclaimed...".
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 The site designation as an Area of Special Protection for Birds is noted.
4.2 The Department's Biodiversity Strategy is capable of being a material consideration.
4.3 The emerging Area Plan for the North and West is noted.
4.4 The Town and Country Planning (Permitted Development) (Temporary Use or Development) Order 2015 allows for inter alia, "Class A - Permitted Development for operations in connection with another development that has been granted approval following an application to the Department or the Department of Environment, Food and Agriculture A. Permitted development The provision on land of buildings, moveable structures, works, plant or machinery required temporarily in connection with and for the duration of operations being or to be carried out on, in, under or over that land or on land adjoining that land where planning approval has previously been granted following an application, subject to the following conditions". Various conditions are attached for this class, and there are also general conditions that apply to the whole order. The latter include, ""No part of the development may be undertaken - (a) in, on, under or within an Area of Special Scientific Interest (ASSI), an Area of Special Protection or any other sites as designated under the Wildlife Act 1990".
5.0 PLANNING HISTORY 5.1 21/00929/B, Creation of three ponds, repair 40m of gravel bund and creation of two gravel islands in existing lake, Manx Birdlife Point Of Ayre Reserve was approved on 15.12.2021 for the following reason, "The development is not in a designated site nor is it an exception allowed for by General Policy 3. However, the proposed works would enhance an existing nature conservation site in accordance with Environment Policies 1, 4 and 27 and no material considerations have been identified which would justify refusal".
5.2 It was approved subject to conditions: C1 - 4 years C2 - No approval for the erection of a "future viewing facility") C3 - No excavated material shall be removed from the site and no fill materials may be brought onto the site. C 4 - The works hereby approved shall not be undertaken other than in accordance with the method statement, which forms part of the approved plans. C 5 - planting/seeding details to be approved Prior to the commencement of the works hereby approved, details of any proposed planting/seeding shall be submitted to and approved in
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writing by the Department and the development shall not take place other than in accordance with the approved details. C 6 - There shall be no provision on the site of moveable structures, works, plant or machinery required temporarily in connection with the development hereby approved unless details (including timescale for removal) have been submitted to and approved in writing by the Department and they are provided in accordance with those approved details.
N.B. No details have been submitted in accordance with conditions 5 and 6.
5.3 21/01208/B, Installation of a shipping container for storage of tools and equipment during the development of the nature reserve (retrospective), Manx Birdlife Point Of Ayre Reserve, Cranstal, Bride was approved, "The development is not in a designated site nor is it an exception allowed for by General Policy 3. However, the proposed works would facilitate wider enhancement of an existing nature conservation site in accordance with Environment Policies 1, 4 and 27, and no material considerations have been identified which would justify refusal". It was approved subject to 3 conditions (4 years, colour and no hardstandings/foundations).
6.0 REPRESENTATIONS 6.1 DOI (Highways) (14.04.22) comment, "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking".
6.2 DEFA (Fisheries) (06.05.22) comment, "Care will need to be taken to reduce the possibility of harmful materials such as concrete or washings entering the water course however, I can confirm that DEFA Fisheries Directorate have no objections to this development from a fisheries perspective, provided that there is no adverse effect on the adjacent watercourse. This is due to the nature of both the watercourse and the proposed works".
6.3 DEFA (Ecosystems Policy) (06.05.22) comment,
"The proposed work is to take place within the designated Ayres Gravel Pits Area of Special Protection for Birds (ASP). The site was designated an ASP in 2001. Therefore, Environment Policies 4 and 5 of the Isle of Man Strategic plan are relevant.
The site is extremely important for bird life and is host to a wide diversity of bird species, some of which are listed on Schedule 1 of the Wildlife Act 1990, and are red or amber listed on the Isle of Man or UK Birds of Conservation Concern. Wildlife Act 1990 Schedule 7 protected orchids are present in various areas throughout the reserve.
It is an offence to intentionally or recklessly pick, uproot or destroy any wild plant included in Schedule 7. It is also highly likely, because of records from the surrounding area and suitable habitat on site, that viviparous lizards are present. Viviparous (common) lizards are listed on Schedule 5 of the Wildlife Act 1990 and are protected from being intentionally or recklessly killed, injured or removed from the wild; in addition they are protected from disturbance and it is an offence to damage or destroy their places of shelter.
Though the site is undoubtedly of high ecological importance, the Ecosystem Policy Team can confirm that we are happy with the proposed works as they are to be undertaken for the conservation and enhancement of, or to give people responsible admission to view and appreciate, wild birds and their habitats. The works will also be overseen by suitably experienced ecologists. We are confident that the work will be done lawfully and conscientiously and that disturbance of this designated site will be minimal, in line with Environment Policies 4 & 5".
7.0 ASSESSMENT 7.1 The key issues are:
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o Principle of development; o Ecological Impact; o Other Environmental Impact; and o Other Considerations.
7.2 Principle of development - The works are intended to enhance the nature conservation value of the site which is currently managed as a nature conservation site. Whilst such works are not specifically allowed for by General Policy 3, they accord with the environmental aspirations of the plan, the Biodiversity Strategy and are specifically allowed for in Environment Policy 27/paragraph 7.21.1.
7.3 Ecological Impact - The comments from DEFA(Ecology) and DEFA (Fisheries) are noted and relied upon.
7.4 Other Environmental Impact - No other concerns are identified which would justify refusal.
7.5 Other Considerations - There are some matters where, given the limited detail provided within the application, conditions should be attached for the avoidance of doubt.
8.0 CONCLUSION 8.1 The development is not in a designated site nor is it an exception allowed for by General Policy 3. However, the proposed works would enhance an existing nature conservation site in accordance with Environment Policies 1, 4 and 27 and no material considerations have been identified which would justify refusal.
9.0 INTERESTED PERSON STATUS 9.1 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 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.
9.2 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.
9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
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I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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:...23.05.2022
Signed :...S BUTLER... 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.
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PLANNING COMMITTEE DECISION 23.05.2022
Application No 22/00377/B Applicant Mr David Andrews Proposal Continuation of restoration works rebuilding of gravel bund, re-profiling of the lake edge, new ponds, erection of birdwatching hide. Site Address Manx Birdlife Point Of Ayre Reserve Cranstal Bride Isle Of Man IM7 4BS
Head of Development Management Mr S Butler Presenting Officer As above - Addendum to the Officer Report
The application was approved by the committee on the basis of the amended case officer recommendation, which added an extra condition to clarify the shape and size of the hide.
Reason: for the avoidance of doubt.
Corrected report and Decision notice issued to address this omission 27/5/2022 EJC
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