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PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 22/01192/B Applicant : Jacksons Isle Of Man (2015) Ltd Proposal : Variation of Planning Condition 6 to change the landscape drawing ref 01 Rev I to Hart 32-100 Site Address : Jacksons Eden Business Park Douglas Isle Of Man IM4 2AZ

Principal Planner: Miss Abigail Morgan Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 08.11.2022 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. This approval only relates to the proposed amendments to the tree planting only, as shown on Hart 32-100.

Reason: In order to establish the parameters of the approval and its relationship to the original approval.

C 2. All additional tree planting as shown on Hart 32-100 shall be carried out in the next available planting season, unless an alternative planting season is agreed in writing with the Department, then the planting shall be carried out as per that agreement.

Any planting which, within a period of 5 years from the completion of the development, in the opinion of the Department is dying, being severely damaged or becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted. Once provided, all hard landscaping works shall thereafter be permanently retained.

Reason: The development has been completed and the reason for the planting was that the landscaping was an integral part of the scheme and to ensure the implementation and management of a satisfactory scheme of landscaping which will help to integrate the proposed development into the local landscape in the interests of the visual amenity of the area in a timely manner.

This application has been recommended for approval for the following reason. The proposed changes to the landscaping tree planting from that shown on re 01 Rev I to Hart 32-100 is considered to achieve the original reason for its requirement which was approved on

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appeal, without compromising the original approval and associated conditions as the development is finished. On this basis it is considered that the proposal would therefore comply with the principles under General Policy 2 of the Strategic Plan 2016.

Plans/Drawings/Information;

This decision relates to drawing Hart 32-100 and information received on 28.09.2022.

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Interested Person Status - Additional Persons

none __

Officer’s Report

1.0 THE SITE 1.1 The site is located on the south western side of Cooil Road (A24). The site has built out and has been in operation since apx 2018 and is known as Jacksons Car Sales site, approved under 17/00230/B and 15/01186/B.

1.2 The 2017 approval was subject to a number of conditions one of which was;

C 6. All planting, seeding or turfing comprised in the approved details of landscaping, including the planting along the south western boundary as approved under 15/01186/B, must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

REASON: the landscaping of the site is an integral part of the scheme and must be implemented as approved

2.0 THE PROPOSAL 2.1 This application seeks to substitute the landscaping plan approved under C6 above. The application is as a result of an enquiry into compliance with the landscaping plan. Following review by the Agent and the Arboricultural Officer it was found that a number of trees were missing and/or in different locations, some were different species and others a small specification than shown the original plan Drg No. 01 I received on 27th February, 2017.

2.2 The proposal includes the following; o Retain previously planted trees (which were a smaller specification that approved); and o Additional planting along the eastern and western boundaries (to bring the number of total trees to that which was previously approved).

2.3 All low level planting has been carried and there are no changes proposed in respect of this element.

2.4 This approach was agreed with the Arboricultural Officer in place at the time the enquiry was received. The agent has confirmed that all the trees are in stock.

3.0 PLANNING POLICY

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3.1 The Strategic Plan (2016) and The Area Plan for the East 2020 (TAPE) are relevant. The site is designated on TAPE as Industrial and with a 'BP' (business park) annotation.

3.2 GP2 is also considered relevant.

4.0 PLANNING HISTORY

4.1 The reason for the condition was 'the landscaping of the site is an integral part of the scheme and must be implemented as approved'. The condition itself refers to the 2015 approval. The Inspector in the report for the 2015 application deals with the issue of visual impact and landscaping;

Para 125 of Inspectors Report states:

The site is seen in the context of substantial industrial and commercial development to the west, and to the north (on the opposite side of Cooil Road). It is screened from the adjacent countryside to the east and south by existing vegetation, which could be reinforced by additional landscaping. The Inspector who considered the draft Cooil Road Development Order (CRDO) in 2010 considered that "... the issue of landscaping and landscape mitigation could be resolved by appropriate conditions ..."; and that "... there was insufficient evidence to show that the CRDO was unacceptable on grounds of landscape impact". Although the draft CRDO included the present appeal site, it covered a much larger area, measuring about 20ha. Accordingly, the landscape impact of the development now proposed would be markedly less than that of the development that would have been authorised by the draft CRDO. I concur with my predecessor's view that appropriate planting could mitigate any adverse effect on the wider landscape.

4.2 Under the 2017 approval the reason given was the same;

REASON: The landscaping of the site is an integral part of the scheme and must be implemented as approved.

5.0 REPRESENTATIONS 5.1 Braddan Parish Commissioners indicate that they have no objection to the application (24.10.22).

5.2 Highway Services do not oppose. (13.10.22).

5.3 Ecosystem Policy Officer requests that the reference to cotoneaster be excluded as an invasive species. (19.10.22)

6.0 ASSESSMENT 6.1 The main issue is considered to be does the proposal address the reason for the imposition of the condition in the first instance. While there is a reduction in screening of the building from the main road, the screening to the countryside and adjacent site is to be enhanced, this coupled with the fact the previously planted trees (albeit smaller than originally approved) has become well established and then all together will provide a comprehensive mitigation scheme.

6.2 Ecosystem's officer has requested that cotoneaster not be planted as an invasive species, however this was on the originally approval and has already been planted. This application is specifically in relation to the trees - proposed v planted and to offset the differences.

6.3 Typically a variation of condition should review the previous decision notice and determine if any other conditions or those originally imposed should be (re) imposed, the latter is not considered relevant in this instance as this would overtake existing condition 6 the other conditions would still stand as the development is finished. As a part retrospective application

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to address issues of non provision and different sized trees conditions to secure the trees in the next planting season and a reference to the plan is proposed.

7.0 CONCLUSION 7.1 It is considered that the proposed tree planting would be sufficient to address the issues raised in the planning application and provide sufficient mitigation against any adverse effect on the wider landscape and would not affect the original approvals.

8.0 PARTY STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order. __

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: 09.11.2022

Determining officer

Signed : J SINGLETON

Jason Singleton

Principal Planner

Customer note

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