DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/00422/B Applicant: Department Of Education Sports & Culture Proposal: Creation of a wildlife pond Site Address: QEII High School Nature Area Douglas Road Peel Isle Of Man IM5 1RD Enforcement/Planning Assistant: Ms Charlotte Gatt Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 30.05.2022

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason.

It is considered that the proposed development is considered to be of a scale and nature which would not have an unacceptable impact upon the environment and surrounding countryside. Additionally, the proposed works would enhance nature conservation for the site in accordance with General Policy 3, Environment Policies 22 and 27, Recreation Policies 1 and 2, Strategic Policies 1 and 4,and no material considerations have been identified which would justify refusal.

Plans/Drawings/Information;

This decision hereby approved relates to drawings and documents titled; Location and Site Plans, Plan of Pond, Pond Dipping Structure Detail and Supporting Information, all recorded as being received by Department on 01.04.2022.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report THE SITE

1.1 The application site comprises part of field 311866 which is part of Queen Elizabeth II High School, Douglas Road, Peel, located along the A1 on the southern side of the road. The site is bounded on the southwest end by field 311863 which lies adjacent to Peel Golf Course. - 1.2 The site has its entire frontage lined by a sod bank that rises to about 2.5m high, with the other boundaries also lined by the sod bank. There are trees interspaced along the sod banks. A greenhouse which measures around 150sqm is situated on the northern side of the site, and some smaller timber sheds alongside this. - 1.3 The site is partially split over two levels. There is a raised area as you access the site with an area of hardstanding for the parking of vehicles, and below that the site splits out into shrubbery before sloping down towards the south boundary. THE PROPOSAL

2.1 Planning approval is sought for the creation of a pond within the field. The wildlife pond would be situated on the southern side of the field. - 2.2 The pond, which will be an elliptical triangle in shape will be approximately 11m by 7.2m, and be 1m deep at the deepest point. An earth bund about 1m high will run along the entire south east and south west boundary of the pond, which will be about 10m from the sod hedge on this boundary which is about 1m high. - 2.3 A pond dipping structure is to be erected made entirely from HDPE recycled plastic, measuring at 3m x 1.5m across the platform. The balustrade is to project 2m out from the depth of the pond. - 2.4 The applicants made statements which indicate the following:

• o Excavated soil would be used to create the earth bunds.
• o The shallow pond would not be visible from any highway. The only people who can see the pond would be the users of the school field.
• o None of the nearby trees and shrubs will be cut down or lopped.
• o No excavated soil is to be removed from site as it has been used to create earth bunds to help retain water in the ponds. PLANNING HISTORY

3.1 The site has been the subject of one previous planning application in relation the shed and oil tank that have been installed on site but is not considered to be materially relevant to the current application. PLANNING POLICY - 4.1 The site is within an area specifically designated as "School Field" on the Peel Local Plan 1989 and the site is not within a Conservation Area. The location of the pond (as most parts of the broader site area) is not prone to flood risk although and area situated northwest of the ponds location and outside the site is considered to have high likelihood of surface water flood risk as indicated on the Isle of Man Indicative Flood Maps for River and Tidal Flood Risk. There are no registered trees on site .

4.2 Due to the nature of the scheme and the location of the development, the following parts of the Strategic Plan are considered relevant:

4.3 Recreation Policy 1: Area Plans should incorporate an assessment of the indoor and outdoor sport and recreation needs of the plan area, and the wider context and include proposals to:

• o retain existing sporting facilities and open space provision unless alternative provision of equivalent community benefit and of equivalent or better accessibility is made available;
• o identify suitable sites to make good any deficiency in provision both for existing and future residents of the area; and
• o ensure appropriate provision is made as part of any proposed residential development, in accordance with the Open Space Standards set out in Appendix 6 to the Plan, related to the needs generated by the development, unless the specific housing provision within the development justifies a reduced provision in relation to specific types of open space requirement.

4.4 Recreation Policy 2: Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances:

• (a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and
• (b) where there would be an overall community gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area.

4.5 The site is not designated for any specific development, however, what is proposed is designed to be wildlife-oriented with little visual change in the appearance of the area and would facilitate the interpretation of the countryside, its wildlife or heritage and as such GP3 applies: - 4.6 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

• h) buildings or works required for interpretation of the countryside, its wildlife or heritage".

4.7 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 overriding 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.

4.8 7.21 Environmental Enhancement - 4.9.1 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. Opportunities for environmental enhancement, such as tree planting, the removal of eyesores and the management of habitats will need to be identified in Area Plans with the full involvement and support of local communities. Such opportunities may include former mining areas which have been or are in the process of being reclaimed. Appropriate reclamation should protect or enhance features of industrial or archaeological significance.

• 4.9.2 Environment Policy 27: The Department will seek to enhance the natural environment, including sites contaminated by former mine workings, along with other Government Departments, local communities, the private sector and all appropriate agencies in order to ensure the appropriate reclamation, water management, planting of appropriate tree species, the management of special habitats including aquatic habitats and the removal of eyesores.
• 4.10 Environment Policy 22: 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.

4.11 Strategic Policy 1: Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and underused land and buildings, and re-using scarce indigenous building materials;
• (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services

4.12 Strategic Policy 4: "Proposals for development must:

• (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas and sites of archaeological interest;
• (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and
• (c) not cause or lead to unacceptable environmental pollution or disturbance."

OTHER MATERIAL CONSIDERATIONS

5.1 The Isle of Man's Biodiversity Strategy (2015 - 2025)

• 5.1.1 "6.0 Aims, objectives and strategic actions By 2025 we aim to:

• o manage biodiversity change to minimise loss,
• o maintain and where necessary restore or enhance biodiversity and
• o actively involve society in understanding, appreciating and safeguarding biodiversity".

• 5.1.2 "Objective 4. Community engagement and understanding By 2025 everyone will understand what biodiversity is, why it is important to our quality of life and will have been empowered to use it more sustainably.

Different methods will be needed to engage different groups of people in biodiversity conservation. These include people whose activities are most likely to affect biodiversity; Government, the main users of land and sea (farmers and fishers) and private companies who manage or use our land and marine resources".

5.2 Wildlife Act 1990

• 5.2.1 Part 30 "Management agreements with owners etc of land

(1) The Department may for the purpose of —

• (a) conserving or enhancing the natural beauty or amenity of any land;
• (b) conserving the flora, fauna or geological or physiographical features of any land; or
• (c) promoting its enjoyment by the public,

make an agreement (in this section referred to as a "management agreement") with any person having an interest in the land with respect to the management of the land during a specified term or without limitation of the duration of the agreement".

REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

6.1 The Department of Infrastructure (DOI) Highways Division confirms that there is 'No Highway Interest' in the letter dated 14th April 2022.

6.2 No representation has been received from Peel Town Commissioners at the time of writing this report. - 6.3 No comments have been received from any neighbouring properties at the time of writing.

7.0 ASSESSMENT 7.1 The key issues to consider with this application are:

• i. Principle of development;
• ii. Visual Impact
• iii. Ecological Impact;
• iv. Impact on neighbouring amenity
• v. Other Matters

7.2 Principle of development

• 7.2.1 Given that works are intended to enhance the nature conservation value of the site, with minimal visual change in the appearance of the area, in addition to the works facilitating the interpretation of the countryside, its wildlife or heritage it is considered that the scheme broadly aligns with the requirements of General Policy 3. Moreover, the creation of the wildlife pond accords with the environmental aspirations of the Strategic Plan, the Biodiversity Strategy and are specifically allowed for in Environment Policy 27/paragraph 7.21.1. As such, it is considered that the principle of the development are acceptable.

7.3 Visual Impact

7.3.1 In terms of the visual impact of the scheme, it is noted that the pond is in a position that would be not be publicly visible outside of the site given the existing sod banks around the site boundary, the presence of the buildings to the north of the site and the remote position comparative to the position of the abutting highway, although it is acknowledged that there could be slight private views from the Tommy Clucas community Sports Hall, minding these views are views to a managed habitat which are not unpleasant.

• 7.3.2 Given the above, and the fact that the site is designated as a 'school field' which offers the planting of small fruit trees to the north west of the field, which could be considered to offer pleasant natural views, it is concluded that the proposal would have an acceptable visual impact and aligns with Environment Policy 2.

7.4 Ecological Impact

• 7.4.1 With regard to ecological impacts, it is considered that nearby ponds (Golf Course) a have been very successful in attracting and maintaining wildlife and it is considered that the new ponds will complement this.

• 7.4.2 It is also considered that the new pond will introduce new wildlife habitats within the area, which has to be seen as bringing some benefit into the area. It is also considered that the scheme would not entail any removal of excavated soil from site as this material is to be used to create the earthen bund by the new ponds as part of the proposed works.

• 7.4.3 Given the above, it is considered that the proposal represents an interesting and presently unique form of development which will attract more wildlife to the area and increase the diversity in wildlife offerings for the site, in addition to encouraging more people to visit and better understand the countryside.

7.5 Impact on Neighbouring Amenity

• 7.5.1 In terms of impacts on neighbouring amenity, it is considered that the pond would be situated about 270m away from the nearest residential property at "Fasteeagh Foyr", Douglas Road which is situated north of the site. As mentioned previously the site is spread out over a split level, and the pond would be situated on the lower level and not visible from any of the nearby residential properties. The impact on the neighbouring properties (if any) is considered to be more than acceptable in relation to this matter.

7.6 The site is within an area specifically designated as "School Field" on the Peel Local Plan

1. The proposed pond would be for educational purposes in relation to the adjacent school and would accord with the relevant land zoning category.

- 8.0 CONCLUSION

8.1 Overall, it is considered that the proposed development is considered to be of a scale and nature which would not have an unacceptable impact upon the environment and surrounding countryside. Additionally, the proposed works would enhance nature conservation for the 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.

I can confirm that this decision has been made by a Principal Planner 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: 06.06.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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