**Document:** DEC Officer Report
**Application:** 19/01140/B — Sports playing field development comprising of sports pitches, four cricket nets, erection of 3m high perimeter fencing and associated drainage along with temporary road for construction access and compound
**Decision:** Permitted
**Decision Date:** 2019-12-20
**Parish:** Malew
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/28870-malew-castle-rushen-sports-playing/documents/1040400

---

# DEC Officer Report

**Application No.:** 19/01140/B
**Applicant:** Department Of Education, Sport & Culture
**Proposal:** Sports playing field development comprising of sports pitches, four cricket nets, erection of 3m high perimeter fencing and associated drainage along with temporary road for construction access and compound
**Site Address:** Field 433109, Adjacent To Castle Rushen High School, And Fields 434016, 434013 & 434015 Arbory Road Castletown Isle Of Man
**Planning Officer:** Miss Lucy Kinrade
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 20.12.2019 _________________________________________________________________

## 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. Within 12 months of the sports playing fields coming into use, the temporary access hereby approved shall be closed up and the stone wall made good to match the existing and all associated temporary road and hardstanding removed and the ground restored and reverted back to an agricultural field.

Reason: The access was requested for and assessed on a temporary basis only and in the interest of visual amenity.

- C 3. No site clearance, preparatory work or development shall take place until a scheme for the protection of the hedges is prepared and agreed in writing by the Department. The development must be carried out in accordance with the approved details. No alterations or variations to the approved hedge protection scheme or working methods shall be made without prior written consent of the Department. Reason: to ensure that all hedges to be retained are protected during construction.

- C 4. No site clearance, preparatory work or development shall take place until a tree planting specification is submitted to and agreed in writing by the Department. Where applicable the tree planting specification shall adhere to the recommendations of BS8545:2014 (Trees: from nursery to independence in the landscape - recommendations) and in all cases shall include details of all trees to be planted, including a) their quantity, location (or density), species and size at date of planting; b) the approximate date when they are to be planted; and c) how they will be maintained until successfully established. The tree planting shall take place as agreed and any trees which, within a period of 5 years from their first planting, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation.

Reason: to ensure an appropriate standard of visual amenity in the local area and that the development is appropriately landscaped to sit comfortably and acceptably in its location.

- C 5. No site clearance, preparatory work or development shall take place until a scheme for the re-instatement of the sod hedge is submitted to and agreed in writing by the Department. The works shall be carried out in accordance with the approved details and retained thereafter.

Reason: to ensure an appropriate standard of visual amenity and boundary treatment in the local area.

### Plans/Drawings/Information;

This approval relates to following document and drawing numbers all date stamped and received 23/10/2019: Planning Statement Road Safety Audit

## - CUR-00-XX-DR-S-(00)001-PL - CUR-00-XX-DR-S-(00)002-PL

## - CUR-00-XX-DR-S-(02)003-PL

## - CUR-00-XX-DR-S-(91)004-PL

## CUR-00-XX-DR-S-(02)004-PL CUR-00-XX-DR-S-(02)005-PL

## - CUR-00-XX-DR-S-(91)005-PL

- CUR-00-XX-DR-S-(91)007-PL
- CUR-00-XX-DR-S-(91)008-PL 1500/001 Revision PL1

- 22/001/ME/01 Revision I3
- 22/001/ME/02 Revision l1 LS-10 DRAFT LS-02 Revision 0 _______________________________________________________________

### Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report THE SITE

1.1 The application relates to two fields located to the western side of Castle Rushen High School and situated on the southern side of Arbory Road. The existing school car park, netball and tennis courts and Castletown swimming pool sit nearest road with the main school buildings set back behind. To the rear of the school are the existing sports grounds including grass pitches for football, rugby and cricket, athletic track and field markings, sand pits and nets, cricket nets and a separate full sized synthetic pitch. - 1.2 The school sits on the edge of Castletown, bounding the east of the site the land is in predominantly residential use (including housing of Farrants Way and Knock Rushen), to the south and west bounds with open agricultural fields and opposite the school on the adjacent side of Arbory Road is The Buchan Primary School. - 1.3 To the west of the sports grounds is field number 433109. The sloping field is around 9.5 acres and is bound on all sides by a mix of sod bank and hedging. There are two existing Public Right of Ways (PORW) surrounding the field one running south between the school connecting Arbory Road to Scarlett and the other forking west connecting Arbory Road to Pooil Vaish. THE PROPOSAL

2.1 The current application proposes the creation of new school sports pitches on field

433109. The proposal will see the site split into two with an upper and lower section in order to enable level playing fields throughout the site.

2.2 In addition to the creation of sports pitches the application will also include a number of below ground operations such as the installation of geothermal arrays and associated land drainage and the above ground installation of 3m high perimeter fencing around the field, associated cricket nets and team shelters and the installation of sections of artificial grass and grasscrete access areas nearest the school. - 2.3 In the creation of the proposed sports field the proposal also requires the diversion of part the existing PROW that runs between the school so that it loops around the field and joins back with the footpath leading south to Scarlett. - 2.4 To facilitate the construction of the development there will be a temporary road and compound area within field 434016 and running parallel to the western side of the school and a number of residential dwellings surrounding the Registered Building 'Witches Mill'. The creation of the temporary access from Arbory Road will also require the removal of two trees and the temporary diversion of the PROW. PLANNING HISTORY

3.1 There have been no previous application submitted for the fields here, however there have been a number of previous applications for various developments at the existing High School such as the replacement of bike shelters, replacement windows, alterations to access and creation of additional car parking all of which have been approved, although not considered to be specifically material in the assessment of the current application. PLANNING POLICIES - 4.1 The application field is located on the Area Plan for the South 2013 as being 'Site 10 Proposed Playing Fields'. The site is not within the Conservation Area. Given the nature of the application and its zoning it is appropriate to consider Community Policy 2 of the Area Plan for the South 2013 and General Policy 2, Community Policy 5 and Recreational Policy 5 of the Isle of Man Strategic Plan 2016.

4.2 Community Proposal 2:

"It is proposed that the land adjacent to Castle Rushen High School (Fields 434016 and 433109) be designated for educational use to allow for future needs of the High School. These fields will only be used to expand the community sports and recreation facilities associated with the school and no buildings shall be permitted (see Site 10)."

4.3 General Policy 2:

"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 watercourses;
- e) does not affect adversely public views of the sea;
- f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
- g) does not affect adversely the amenity of local residents or the character of the locality;
- h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
- i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
- j) can be provided with all necessary services;
- k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
- l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
- m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
- n) is designed having due regard to best practice in reducing energy consumption."

### 4.4 Community Policy 5

"Permission will generally be given for proposals to improve or extend existing schools and institutions of high education and to build new schools, subject to their being sited and designed in accordance with the other policies of this plan, having particular regard to the potential for community use of the buildings and the associated Open Space."

4.5 Recreation Policy 5:

"Area Plans will identify areas where improvements to informal access to the countryside can be made and to the public footpath network. Existing public rights of way should be retained and any development which affects these will be permitted only if it provides diversions which are no less direct or attractive than existing routes."

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

5.1 Department of Infrastructure (DOI) Highways Services - no comments received as of 18/12/2019.

5.2 Castletown Commissioners - In Support (12/11/2019) - although make comment that the plan appears to omit additional access through Close Cairbre in respect of future development land identified during the Castletown Housing Land Review through the relocation of the all-weather pitch as discussed with the Minister for Education, and that they seek clarification from the applicant in this respect. - 5.3 DEFA Forestry - Comments (04/11/2019) - The existing sycamore trees albeit a little windswept are significant to the local area and streetscene. While there is no objection to their removal, ensuring adequate mitigation is important as it could be difficult to successfully establish individual amenity trees due to the exposed location. Further detail for the for the proposed replanted trees should be requested including exact planting positions, species and nursery specs and timing of the planting. - 5.4 DEFA Biodiversity - Comments (19/11/2019) - Generally content with the proposal however a number of details are missing in respect of the hedge protection during construction works, details relating to the removal and re-instatement of the sod bank nearest the temporary access areas and details relating to new hedge planting. Suitably worded conditions should be added seeking these details prior to the commencement of any works. - 5.5 DEFA Environmental Protection Unit (EPU) - have details been provided for a waste management strategy for the project (25/11/2019). ASSESSMENT

6.1 The land is specifically designated as 'proposed playing fields' to accommodate the expansion of high schools sports and recreational facilities. The proposed use readily falls into this land use zoning and thus the principle is considered to be acceptable.

6.2 Pre-application discussions and supporting information provided by the agent indicates that the long-term proposals would see the redevelopment of the existing school in the position of the existing sports pitches and therefore to allow the continued day to day operations the new sports facilities would need to be completed first. In a similar manner, and as to minimise disruption to the existing parking and access areas for the school the proposal requires the creation of a temporary access off the Arbory Road and through field 434016.

6.3 The access is detailed as having 43m visibility in each direction and hard tarmac surfacing for the first 24m, highway services have not provided comments on the application but on review of the drawings and a site it's likely that greater visibility will be achievable in practise and that given the 30mph speed restrictions and the standards of the Manual for Manx roads that the proposed access is sufficient and acceptable and to result in any highway safety issues. - 6.4 The access arrangements require the removal of two mature trees next to the road and the partial removal of sod hedging further into the site. These soft landscaping features are considered by DEFA Forestry and Boidiversity as providing a positive contribution to their surroundings visually and environmentally. While there are no objections to removal, both parties have required details be provided for re-planting to ensure suitable and acceptable mitigation is in place. While the agent has explained that the intention would be to retain the temporary access to facilitate the new school development, should the application for the school fail to materialise suitable safeguards need to be in place to ensure that the access is closed up and new trees and sod banking is re-instated. - 6.5 It is therefore appropriate to add suitably worded conditions requiring the closing up of the access, the planting of the trees and mitigation for the sod banks. Should then the new school application materialise they could seek to vary those conditions as part of that application and in keeping the temporary access for any forthcoming construction works.

6.6 Returning to the development of the site for sports pitches, the subterranean geothermal and drainage works will not be obvious but will contribute to the overall energy efficiency of the school site. The most notable features are likely to be the new perimeter fencing and the free standing cricket nets and team shelters. These recreational structures and perimeter fencing are fairly common across school and sports grounds and the latter offers a degree of security and protection to the facilities and their installation here, when read in conjunction with the rest of the school site, is likely to have a negligible impact in both visual and general amenity terms on the general character and appearance of the area. - 6.7 To further improve on the security of the site and omit the public footpath from running through the middle the application demonstrates a potential diverted route for PROW 352 around the site. While this will make the journey slightly longer for those navigating its continued provision is tantamount whether as existing or as the diversion. Separate legislation covers matters relating to the diversion of footpaths and as such this element of the proposal does not require being conditioned. - 6.8 There will be cut and fill works in order to create the upper and lower levels of the playing fields, these works will take place from within the site and will omit the need for importing soil to the site. Sand and gravel are expected to be imported but these would be considered minerals and not judged to be of any concern or to warrant a waste management strategy be provided. CONCLUSION

7.1 The proposal in on land zoned as playing fields and will allow for the continued provision of the regional sports facilities in the south in accordance with CP2 of the Area Plan for the South 2013. The over-ground development works are not considered to result in any harm to the character and appearance of the area or to result in any private or public amenity impacts, the underground geothermal systems will positively contribute to the energy efficiency of the site and those works relating to the highway access and diversion of the public footpath are not expected to result in any highway safety issues in this respect the proposal complies with those relevant parts of GP2 and RP5.

7.2 The application gives some consideration to trees, hedging and sod banks but lacks in any of the finer mitigation details sought for by DEFA Forestry and Biodiversity. Suitably worded conditions in this respect will be required to ensure this detail is provided prior to any works commencing on site. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), 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.

8.2 The Planning Committee 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 in Article 6(4) who should be given Interested Person Status.

8.3 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.

Decision Made : Permitted Date: 20/12/19 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

## 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.

---

*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/28870-malew-castle-rushen-sports-playing/documents/1040400*