**Document:** DEC Decision Notice
**Application:** 13/00831/B — Creation of water cascade and amphitheatre
**Decision:** Permitted
**Decision Date:** 2014-01-28
**Parish:** Santon
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/42732-santon-ballavale-road-water-cascade-amphitheatre/documents/1097696

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# DEC Decision Notice

## Isle of Man

Government
Rciltge tilan Vannir

Richmond Square Design Ltd
The Estate Office
Oakhill
Port Soderick
Isle Of Man
IM4 1AT

### Town and Country Planning Act 1999

### The Town and Country Planning (Development Procedure) Order 2005

In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Richmond Square Design Ltd, Ref 13/00831/B, for the creation of water cascade and amphitheatre at Field 514139,510622 And 510660 Ballavale Road Santon Isle Of Man subject to compliance with the following condition(s):

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This approval relates to the creation of an amphitheatre and water cascade as shown in the following drawings:

P011
P012
P017
P105
P303
P304
P305
P902
P903
X003
X007
X901
X902 all received 15th July, 2013.
3. Prior to the commencement of works there must be submitted to and approved by the Planning Authority a statement of usage for the amphitheatre outlining times and frequency of usage and arrangements for transportation and parking and the amphitheatre may only be used thereafter in accordance with this statement.
4. No approval is hereby granted or implied to any importation or exportation of material in association with the approved works unless authorised by the Planning Authority.

## Date of Issue:

28th January 2014

### M Gallagher

Director of Planning and
Building Control

### Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it. This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-decisions-and-powers-of-appeal/

Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.

The proposed development must not be commenced until either;

- The time for requesting an appeal has expired; or
- Any appeal has been determined;

Whichever is the later.
If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.

Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; planning@gov.im

[Table omitted in markdown export]

### Officer's Report

THIS APPLICATION IS ONE OF FOUR WHICH CUMULATIVELY PROPOSE TO CREATE A BOTANICAL GARDEN. DUE TO THE SCALE OF THE PROPOSAL THE APPLICATION IS REFERRED TO THE PLANNING COMMITTEE FOR CONSIDERATION.

### The Site

1.1 The site is an area of land which is around 27 acres (10 ha) which lies to the west of the Ballavale Road just below the steam railway line bridge which carries the railway, heading towards Santon halt which is around 350m to the west. To the north of the site is the residential curtilage of a dwelling, Ashdowne House which is owned by the applicant and which is in the process of being rebuilt. To the south is open agricultural land which is within the ownership of the applicant and across the road the land ownership extends to further land which runs down to join the A25 Old Castletown Road and runs north to abut the steam railway line and the residential curtilage of an existing property, Mallards. There is an access into the site from Ballavale Road - a traditional gated field access. There is also a hard surfaced lane running from the A5 to Ashdowne House parallel with the steam railway line.

1.2 The site slopes upward from west, north and east to a peak of just over 90m compared with the road level at Ballavale which is around 48m AOD. This peak represents the highest part of the site, which is still classified as lowland in agricultural and botanical terms. The land holding includes land which forms a valley, the bottom of which accommodates Ballavale Road. Watercourses run through the land on the eastern side of the road, rising in Newtown and flowing down through Glen Grenaugh towards the sea. One of these watercourses runs along the western boundary of this site and joins another which runs alongside Ballavale Road towards Glen Grenaugh.

1.3 The land which is outside the residential part of the overall site has previously been rented out to tenant farmers for pasture. The land which is the subject of this particular application was tenanted out and grazed. The land which is within the holding is graded 3-4 on the Agricultural Land Use Capability Map (Agricultural Soils of the Isle of Man, 2001).

1.4 There are existing residential properties to the west of the site boundary - Burnside, which is accessed from Pound Road which separates the site from this property, and Ivy Cottage, The Hermitage and The Willows which have access onto Pound Road alongside the A5 Castletown Road. The site also abuts Santon halt. To the south of the site is more land owned by the applicant, land which abuts Ballachrink Farm yard.

[Table omitted in markdown export]

## The Proposal

2.1 Proposed is the creation of a water cascade feature and amphitheatre together with land remodelling to the lower slopes of the north eastern part of the hillside, cutting and filling up to 1.5 m at a level between 60 m and 73 m AOD and below that more significant cutting to provide the amphitheatre which will be between 55 m and 60 m AOD. This will be created within a natural bowl in the landscape which is hidden from view from the railway line by existing trees and from Ballarioghyn, Ballavale Barns and Ballavale New Farmhouse all of which are higher and screened therefrom by extensive established mature trees. Land up to 2 m will be cut to provide the water cascade and associated pools which run down into another natural bowl alongside the amphitheatre site. The amphitheatre will be grassed in surface with grass stobs and stonework at the edges, with a small projector house, 5 m by 5.2 m in area and 2.3 m to internal ceiling height, incorporated into the remodelled bank. This will be used for organised events - dramatic performances, outdoor cinema events, educational presentations and specialist seminars, is accessible from the railway halt via a new level footpath which is part of a network of paths on the north and north western slopes of the hillside. Existing hedgerows are to be retained and additional trees planted in swathes within the area.
2.2 The water cascade is not a natural feature: there are no natural watercourses on this hillside. The redevelopment of Ashdowne House incorporates a lower ground floor swimming pool which is to be naturally filtered - the first of its kind in the UK. This needs to involve an outdoor circulation of the water which results in it being filtered through a series of grasses and reeds and aerated by a series of cascades and waterfalls.. This also creates a natural outdoor swimming pool before the water is returned to the indoor swimming pool creating, what is described by the applicant as "a delicately balanced ecosystem".
2.3 This is one phase of an overall plan for the remaining parts of the land holding which will culminate in the creation of a botanical garden. If taken in isolation the works proposed in this application could still be viable as a landscaped garden and horticultural unit with access from the existing gateway onto Ballavale Road but relying upon cooperation with those occupying Ashdowne House.
2.4 The applicant has studied local similar projects and has identified that in the past, such projects were created at Glen Helen in the 1860s by a consortium of Manx businessmen who were interested in arboriculture. Laxey Glen Gardens were originally planted out around 1800 by the reverend William Fitzsimmons in a relatively formal manner (known then as Victoria Park). The tourist element of the Glen Gardens came after a local businessman, Mr. Williamson saw the potential as a tourist attraction and developed various attractions within the park. This was purchased by the Government in 1956. Other glens on the Island have come to the public ownership later, in the 60 s and 70 s . The plans for this site have been prepared with involvement from Mr. A. Inglis who was formerly Head Gardener at Balmoral Castle and is now in the same position at this site, and Gross.Max who have worked on the masterplan for Kew Gardens with additional assistance and input from Shunmyo Masuno who is a world leading Landscape Architect, Zen Priest and Professor at Tama Art University. There are also intentions to involve Peter Petrich, a leading natural pool and water course specialist and Piet Oudolf, a world renowned planting designer who worked on the design for the New York High Line Park.
2.5 The concept of the botanical gardens at the application site is based upon biomes or climate zones throughout the world which are similar to those of the application site, which are Temperate broadleaf and mixed forest.
2.6 The intention of the applications is to create "a botanical centre of excellence of global standing; to create a series of interlinked external spaces which reflect, protect and promote temperate broadleaf and mixed forest biomes" (paragraph 5.3.1). Botanical gardens are

described as places of research and education with a scientific basis and support conservation efforts and developing medicines and hardier crops and methods of seed storage. The applicant's Head Gardener has established links with the Royal Botanic Gardens Edinburgh and the Director of Horticulture there, Dr. Rae has agreed in principle a long term partnership with the proposed gardens, provision access to the knowledge base of the RBGE, materials and service support and education/training collaboration and they together have already established the management policies needed for the Living Collection.
2.7 Two sections of the project will be open to the public for special scheduled events and performances - the amphitheatre and "landscape interventions - major temporary art installations which could become regular scheduled events. The project will also involve horticultural training, specialist guest apprenticeships and training schemes are proposed including traditional countryside skills such as hedge laying and dry stone walling, school education in lectures and classroom-based sessions including hands on learning experiences on site and formal adult education - seminars, guided tours and informal education through people visiting the site as a leisure experience as the gardens will be laid out to educate and inform visitors. There will also be opportunities for children to play and learn through a direct connection with nature along with a sensory garden aimed at those visitors who have impairment to their senses and shall be designed with close collaboration with the Manx Blind Welfare Society, Manx Foundation for the physically Disabled and Rebecca House, the Island's children's hospice.
2.8 The project as a whole will comprise distinct but complementary sectors: the applicant has taken into account the steam railway which runs alongside part of the site, and the Strategic Plan Transport Policy 3 which states, "New development on or around existing and former rail routes should not compromise their attraction as a tourism and leisure facility or their potential as public transport routes or, cycle/leisure footpath routes". The applicant has also taken into account sun paths and wind orientation (mostly from the south west) using information gleaned from the applicant's own weather station on site, the division created by Ballavale Road, topography, views into the site and existing trees. In respect of the last element, the applicant has taken advice from Department of Environment, Food and Agriculture's Forestry Division.
2.9 Further clarification from the applicant indicates that it is his intention not to have the facility generally open to the public other than a few times per year on a non-invitation basis but otherwise groups would be accommodated on an organised, pre-arranged basis with the use of public transport encouraged. The production house and walled garden will not be typically open to the public.
2.10 The overall objective is "to create a varied and nurtured landscape taking reference from the Manx landscape by introducing elements such as a glen and native planting, the essential built forms are positioned to the perimeter of the site and clustered next to existing adjoining structures in an attempt [sic] replication the pattern seen throughout the Island, newly planted trees have been positioned along the boundaries to help blur the boundary of the garden with the surrounding lands, increased diversity and layering of ground cover treatments combined with a variety of management and mowing regimes will contribute to the creation of distinct character zones and improve gardens [sic] legibility" (paragraphs 5.6.2, 5.6.3, 5.6.4 and 5.6.5).
2.11 The overall project falls into six sectors: Ashdowne House (an approved replacement dwelling on the western side of Ballavale Road) and a Japanese Garden all situated immediately west of Ballavale Road in the north of the site; wetlands, glen and meadow orchard which is the largest section and lies to the south of the production house and Mallards, on the eastern side of Ballavale Road and extending down to the Old Castletown Road and including the Old School House; the gardener's compound and sensory garden which are located on the western side of Ballavale Road at the southern end of the site; the

Amphitheatre and water cascade which are part of a large area to the west of Ballavale Road with the water cascade and amphitheatre located immediately south of Ashdowne House; the production house and walled garden which lie to the east of Mallards; and the curtilage of Mallards which will be the subject of a future application for a replacement dwelling but is not considered by the applicant to be a fundamental part of the botanical gardens project.
2.12 The applicant has contacted local wildlife groups and has undertaken bat and bird surveys and has produced methodologies for retaining and encouraging their interaction with the gardens, continuing through the construction process and upon completion of the project. Wildflowers of Mann has prepared ecological specifications for the proposed glen (Zone B).
2.13 A significant amount of earth movement will be involved, to create the lakes and other new landforms and the applicant has assessed the volume of earth to be moved and concludes that all will be retained somewhere on site without the need for any exportation or importation of material. Existing overhead high tension electricity lines are to be undergrounded where they pass over the south eastern corner of the site to the west of Lincoln House northwards through the site.
2.14 As visitors will be invited on a pre-arranged basis, group transport will be encouraged and thus significant parking areas are not required. If there are open days the applicant is prepared to allow parking on some of the grassed areas which may have a substrate of grasscrete of similar to allow parking but not to interfere with the visual impact of the area. Parking for staff at the gardener's compound provides, in the applicant's view adequate parking for staff and whilst during implementation of the scheme there will be significant change in traffic flows to and from the area, once completed the project is not anticipated to result in significant changes in traffic levels to the area. Access suitable for disabled people has been provided in all areas which may be used by the public including from the train halt to the amphitheatre.
2.15 The production house will be used for the provision of a substantial and constant supply of plants and flowers for the site including propagation and reproduction, potting sheds and welfare facilities for the staff. The position of the glasshouse is such that the exposed facade faces south and will be set into the naturally rising ground to the north and east. The size of the production house has come about as a result of the requirements of the Head Gardener. The building rises to a high point in the centre where some of the taller specimens can reach fruition. The ends of the building are covered in thatch, a traditional Manx roofing material which will help the building blend into the surrounding landscape.
2.16 The operation of the site will include rainwater harvesting and the use of natural fertilisers to avoid potential pollution of any watercourses. Materials used in building are chosen to be hard wearing and low maintenance (such as natural stone) to reduce the long term use of energy and locally sourced materials - timber and stone (C. Kniveton Ltd and St. John's Saw Mills). The site will also produce fruit and vegetables and herbs to help sustain the occupants of the estate along with provision of copses for bio-fuel. Biodiversity will be encouraged through the introduction of bee hives, bug houses, bat and bird boxes within the estate.
2.17 The flow of water through the site is an important element of the scheme and where it is likely that fish could enter the watercourse, there is provision for them to get out again and work to any watercourse will only be undertaken at appropriate times of the year. The bottom of the proposed glen will be used as an Alder carr (a flooded Alder woodland) which will assist with relieving water pressure should any build up assisted by a series of sluices, controls and channels lined for real time flood forecasting.

2.18 The scheme is anticipated to involve up to 200 workers in the construction and landscaping phases and a team of seven gardeners will be employed to manage the scheme once completed, which will involve apprenticeships and tutelage from Mr. Inglis.
2.19 Following the receipt of a number of objections and concerns from local residents, the application has provided further information in the form of a hydrology planning statement and a transport planning statement, both received on 20th September, 2013.
2.20 The traffic statement takes into account the likely traffic generated as part of the construction process and also the parking and access arrangements upon completion of the proposal. The statement looks at the transport network serving the site from the A5 Old Castletown Road. It notes that the speed of traffic using Ballavale Road rarely exceeds 30 mph . It also notes that access to the gardens will be controlled and restricted to invitation only and where visitors will be encouraged to travel to the site by minibus and/or the steam train from where they will be collected. It describes the construction process as involving low loaders for plant and equipment, rigid HGVs and smaller builders' trucks. The gardeners' compound is envisaged as generating around ten larger vehicles over the construction period.
2.21 They draw attention to the weight restriction of 5 tonnes on the A25 Old Castletown Road, the poor alignment of the Ballavale Road along its length and its restricted width and relatively poor visibility at the junction of the A25 with Ballavale Road. As such they envisage the optimum construction traffic route as coming from the A5, along the Oatlands Road and then using the short section of the A25 which is not subject to the weight restriction. No construction traffic would negotiate the junction of the A5 and A25 at Ballaquaggan or the bridge just before this. The statement suggests that this route can be secured by a planning condition (although this would be virtually unenforceable so could not be secured in this way).
2.22 Due to the alignment and nature of the Ballavale Road, it is proposed that there will be a temporary construction access into the site off the A25 between Lincoln House, neither of which is in the ownership or control of the applicant. This would also facilitate the undergrounding of the overhead electricity lines which are proposed as part of this application. Visibility at this point can be up to 2.4 m by 60 m to the east and more to the west. Construction vehicles needing to cross the Ballavale Road will do so at a point which offers at least 54 m in each direction. Appropriate warning signage will be displayed subject to approval by the Highway Authority.
2.23 Parking for construction workers will be accommodated temporarily in the vicinity of the traffic crossing point on Ballavale Road.
2.24 Once the development is completed, parking will be required for six staff all of whom will be based at the gardener's compound and who will park there and for which adequate parking will be provided. Visitors will be invited to the site on the basis of education, play, special events research and collaboration. The latter will be undertaken largely by video conferencing, internet networking and where visitors are required to come to the site, they will be managed and are likely to be few and far between. Special events are likely to be mainly at the amphitheatre where there is no parking and guests will be required to come via the steam train or pre-arranged minibuses and will be strictly controlled via the ticket process. Education-related visits which are an integral part of the raison d'etre of the development, will be on the basis of pre-planned arrangements via minibuses and the train. Similarly, when specialist groups are invited to the gardens, particularly to the sensory garden, these visits will be managed and pre-planned.
2.25 On very limited occasions the gardens may be open to the public and if required a temporary, soft surfaced overspill car park will be available alongside (to the north of) the gardener's compound.

2.26 The applicant will devise an Events Management Plan to deal with the above issues.
2.27 Staff moving within the site will utilise electric vehicles to support the sustainability of the project moving on bark tracks.
2.28 The Hydrology Planning Statement explains that a number of phases of this development will not have any impact on hydrology as the existing watercourses are not to be altered. In this respect the proposed walled garden and greenhouse are unlikely to affect hydrology and any impact on land drainage from these works will be dealt with through the introduction of new land drains. The proposals for the water cascade and amphitheatre will result in a new, manmade water feature which will recycle the same water which is not part of a watercourse. Any issues with failure of pumps will result in the cascade being dry and the water staying in the swimming pool and artificial watercourse created for it and any water trying to leave this system will follow the line of least resistance and will flow along the channel, through the overflow and into the land drainage network. The creation of the meadow, orchard, lake, wetlands, boglands and glen is likely to have the greatest impact on the land drainage and local hydrology and requires the greatest consideration. The design concept is to minimise the impact on the existing conditions and that existing low flows are to be maintained and peak flows managed and controlled to reduce the risk of flooding during major storms. The applicant's hydrologist considers that the introduction of the lakes, with appropriately designed control devices will be beneficial in mitigating flood risk. It is anticipated that the new network will mature naturally: bore holes may be introduced to supplement river flows and maintain sustainable water levels within the lake and wetlands.
2.29 The applicant intends to undertake site investigations to monitor existing water conditions on and through the site across the seasons and catchment analysis undertaken to provide verification of the contributions of existing stream flows. Soil samples will be taken and analysed to help formulate the overall hydrology of the area. The precise details of the lake and wetlands are not known at this point: whilst the retention of the natural environment is preferred, it is not known whether the creation of the bogland and resultant water loss through seepage may not suit the environment of the lake, which will almost certainly be lined. The solution will follow the results of the modelling and any deviations from what is shown in these drawings will be the subject of further applications for approval. It is intended that, if practicable, the lake and wetlands will initially be filled up and topped up from boreholes: water movement and aeration will be achieved through inducing water circulation through pumps and in this way, the desired effect from plant growth and visual amenity will be achieved without affected river flows. The pumps will be buried to avoid visual impact or noise nuisance.
2.30 The existing stream flows and water table will be managed and monitored throughout the creation of this new environment and after completion the works will be monitored to ensure that the flows are balanced and do not adversely affect the environment or neighbouring land owners. It is anticipated that on completion there will be no change to low water flows but that in times of high flow the lake and wetlands will help mitigate existing downstream flooding. If the completed scheme were left unmaintained, it is considered that storm water attenuation would still occur through the wetland and lake and the input is more to ensure that there is a flow of water through the lake and wetlands and boglands.
2.31 The creation of the gardener's compound is unlikely to have any impact on hydrology as the buildings and works will not significantly affect the level of the site or any water within the site.
2.32 The applicant has provided further information in respect of traffic and particularly focussing upon the construction period. This is part of one of the other sections of the scheme - PA13/00832.

PLANNING STATUS AND POLICY
3.1 The site lies within an area identified on the Isle of Man Planning Scheme (Development Plan) Order 1982 as of an Area of High Landscape or Coastal Value and Scenic Significance. High tension overhead lines are shown and the roadside trees are identified as Woodland. A part of the southern area of the site is included within the Airport Zone where the height of structures may pose a threat to airport safety.
3.2 As such, there is a presumption against development as set out in Environment Policies 1 and 2:

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."

Environment Policy 2 which states:
"The present system of landscape classification of Areas of High Landscape of 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 difference 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."
3.3 Other policies which are applicable are:

Environment Policy 3 states: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and seminatural woodlands, which have public amenity or conservation value."

Environment Policy 7: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which would not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:
a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality;
b) details of pollution and alleviation measures must be submitted;
c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and
d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species."

The core purpose of Government is "to maintain and build on the high quality of life enjoyed by the Island's community"

Strategic Objectives include "to maintain and improve the viability, vitality and diversity of the economy by enabling improved employment opportunities".
3.4 The draft Landscape Character Appraisal identifies this area as Incised Slopes where the following advice is available:
"The overall strategy for the protection and enhancement of the Incised Slopes Landscape Character Type is to conserve and enhance: the remote and rural character; the relatively sparse settlement pattern of traditional hamlets and scattered farm buildings; the network of sunken and enclosed rural roads; and the substantial hedgerows and sod banks dividing irregularly-shaped pastoral fields.

The Landscape Character Policy Strategy that will be applied in relation to the protection and enhancement of the Incised Slopes is as follows:

Landscape Character Policy Statement 4:
Approach routes, key views, and gateways to settlements within these landscapes should be enhanced. New farm buildings must not compromise the pattern and scale of farmsteads across the undulating Incised Slopes landscapes. New development must be located so that it avoids the suburbanisation of river valleys and stream corridors.

## D13 Santon

Open and expansive views from the higher areas along the rugged coast in the east and inland towards the upland areas over Braaid.
Incinerator chimney forms a notable landmark in the immediate area.
Glimpsed views framed by vegetation in the valley bottoms and along the main roads where they follow the wooded valley bottoms.
Views in the northern part of the area up to the Transmitting Masts on top of Douglas Head hill top.
Views from Isle of Man Steam Railway."

### Planning History

4.1 There have been a small number of applications submitted for this site as a whole: the most recent of which is the replacement of Ashdowne House which was approved under PA 12/00355. Applications for a polytunnel and agricultural building were approved alongside Mallards (PAs 12/00385 and 07/02088 respectively). Applications were refused for the erection of a new dwelling within the site under PAs 07/01456 and 94/00314 and refused for the demolition of an existing barn and re-establishment of a livery business with associated dwelling (PA 94/00979) (land to the west of Ashdowne House).

### Representations

5.15.1 The owners of Glen Grenaugh House which lies around 350 m to the south of the junction of Glen Grenaugh with the A25 express concern at the proposals to create artificial lakes and is what they consider a significant engineering project. They have not had any formal impact assessments undertaken for example in times of high and low water flows and how will the quality of water be assured. They are also concerned about numbers of visitors to the site and how they will be accommodated on the roads around the site, many of which are narrow and rural in nature. Having seen the hydrology report they remain concerned that the statement is based upon a desktop exercise rather than any flows through the site and are concerned at the potential for the scheme to change as it is evolving on site to become something very different to what was originally understood to be proposed.

5.2 The owners of Ballachrink Mill which abuts the land owned by the applicant and is adjacent to the wetlands, bogland and lakes application site, are very concerned at the lack of informed information about the hydrology, particularly flood risk and what will happen if pumps fail. They point out that the site accommodates very many biting insects associated with watercourses and would not like to see an increase in this. They also raise concerns about traffic. They consider that the gardener's compound is inappropriate for the area and are worried that this may become a tea shop and visitors' centre which would further increase traffic to the area. They are worried that the production house will increase light pollution and that the construction will endure for a long time and could be inconvenient for local residents. The previous experience of contractors bringing material to the site unannounced has not helped their concern about how the project will be managed. They wonder what could happen if the funds for the continued maintenance of the project cease to exist. They too, having seen the hydrology statement, remain concern about the security of the assurances that the scheme will not increase flood risk or adverse impact although they are very pleased that a hydrologist has become involved in the project. They remain concerned that the gardener's compound is too large and inappropriate and will result in traffic generation.
5.3 The owners of Ballavale Farmhouse which lies around 170 m to the north east of Mallards expresses concern about loss of natural habitat and the creation of man-made habitats and features which will also require maintenance. They express concern about the lack of professional hydrological assessment and the precedent which the applications may set for further change to the Manx countryside. They are worried about the increase in traffic and the potential noise and nuisance from the proposed amphitheatre.
5.4 Colas Holdings (IOM) Ltd express concern at the potential impact on their future operation of Oatlands Quarry. Given that the site lies outwith the mineral safeguarding area in relation to this quarry, they seek assurance that their proposals will not be affected and mineral sterilised by the creation of a botanical garden as proposed.
5.5 The owners of Ballavale Barns which lie around 90 m to the north west of Mallards express concern about the potential traffic, disruption to local residents during construction, potential light pollution from the production house and the impact from intervention into the watercourses. They too are concerned about any increase in the incidence of biting insects, that the landscape could become commercialised and the impact of the use of the amphitheatre.
5.6 The owner of Grenaugh Beg which lies approximately 370 m to the south of the junction of Glen Grenaugh and the A25 is concerned at the impact of the proposals on the watercourse water availability and flooding - and the amount of traffic which could be generated.
5.7 Santon Commissioners describe the applications as "extraordinarily ambitious, farreaching and generous in their concept" and welcome public access but express concern about potential traffic problems throughout the construction phase and the condition of Ballavale Road. They also wonder whether there are not available existing buildings rather than building the gardener's compound structures.
5.8 Manx National Heritage welcome the scheme in terms of its potential to create a variety of wildlife habitats which will enhance the biodiversity of the area and the potential benefits of the proposed sensory garden through access to what is currently private land. They do express concern at the major engineering works proposed for the glen and wetlands and recommend a watching brief of these areas in the event that there are archaeologically interesting features within the site, although there are no known archaeological sites within the application boundary. They recommend the protection of the old mill and sluice and on which they can advise if required.

5.9 The Highways Division seek a deferral pending a transport assessment. Following the submission of the transport statement, they draw attention to the provision for a temporary construction access and require that as this will be in place for a considerable length of time, full detailed drawings should be provided. The information which is provided is not sufficient. They express concern at the proposed erection of signage and recommend that no signage should be erected on the highway without their prior approval. They also require that the Events Management Plan should be approved by the Planning Authority prior to the site being open to the public in any form. The applicant has had further discussion with the Highway Authority and has submitted amended plans in order to address the concerns raised.
5.10 The Isle of Man Water and Sewerage Authority advise that under the Land Drainage Act 1934 their permission is required before any work is carried out on or adjacent to any watercourse.
5.11 Manx Birdlife recommend that the scheme will significantly enhance the ecology of the area and the assurance of a long term monitoring programme to evaluate the change in species afford a rare opportunity to measure how sensitive habitat creation and management can benefit wildlife.
5.12 Wildflowers of Mann support the application as they consider that the project has had their involvement for over a year and will transform an area of modest ecological interest into something of much greater potential. Their comments extend beyond the remit of this current application and to the proposal for the lakes and bogs, despite only this reference on their letter.

## Assessment

6.1 The two elements of this proposal are quite distinct from each other and have completely different impacts. The creation of the water cascade will have limited impact in terms of visual effect - it will largely be hidden from public view and what will be seen will be a water course flowing naturally down a hillside with associated planting - and in terms of hydrology will have no effect in that it is an artificial watercourse which, if the pumping mechanism which circulates the water, fails, will cease to flow and the water will stay within the swimming pool at Ashdowne House.
6.2 The amphitheatre will have a similarly limited visual impact, being tucked into a natural bowl within the landscape close to Ashdown House. There is sufficient tree screening and level difference between the top of the amphitheatre and the closest properties at Ballavale Barns and Ballavale Farmhouse so as not to have an open channel between the two and any noise should be contained within the amphitheatre. It is not the applicant's intention to have regular or frequent events but on the basis that the coming and going and nature of the events could cause an issue for the nearest neighbours, it is considered appropriate to attach a condition which requires details of the frequency, duration and transport and parking arrangements for events associated with the amphitheatre prior to its construction.
6.3 On this basis, it is considered that the amphitheatre will create an interesting and valuable cultural facility which could better utilise the steam train services and complement the botanic gardens which are the focus of the rest of the applications in this suite. As such, it is recommended that this application is approved subject to conditions.

### Party Status

7.1 The local authority, Santon Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered "interested persons" and as such should be afforded party status.

7.2 The following parties could be affected by traffic and noise nuisance and as such should be afforded party status in this case:

Ballavale Barns
Ballavale Farmhouse
7.3 The following properties are considered too distant from the proposed works to be directly affected by the proposals and should not be afforded party status in this case:

Glen Grenaugh House
Grenaugh Beg
Ballachrink Mill
7.4 The following agencies are statutory authorities which raise material planning considerations and should be afforded party status in this case:

Department of Environment, Food and Agriculture
the Isle of Man Water and Sewerage Authority
Manx National Heritage
7.5 The following agencies are non statutory authorities and should not be afforded party status in this case:

Manx Birdlife
Wildflowers of Mann
7.6 Highways Division is part of Department of Infrastructure of which the planning authority is also part and as such, under the 2005 Order should not be afforded party status in this case.

## Recommendation

Recommended Decision: Permitted

Date of
31.12.2013

Recommendation:

### Conditions and Notes for Approval / Reasons and Notes for Refusal

### C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> 0 : Notes attached to refusals

C 1.
The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2.

This approval relates to the creation of an amphitheatre and water cascade as shown in the following drawings:

P011
P012
P017
P105
P303
P304
P305
P902
P903
X003
X007
X901
X902 all received 15th July, 2013.

C 3.
Prior to the commencement of works there must be submitted to and approved by the Planning Authority a statement of usage for the amphitheatre outlining times and frequency of usage and arrangements for transportation and parking and the amphitheatre may only be used thereafter in accordance with this statement.

C 4.
No approval is hereby granted or implied to any importation or exportation of material in association with the approved works unless authorised by the Planning Authority.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : $\qquad$ Committee Meeting Date : 27.1.14

Signed : $\qquad$
Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YES/NO

PA13/00831/B
Richmond Square Design Ltd
Creation of water cascade and amphitheatre,
Field 514139,510622 And 510660 Ballavale Road Santon Isle Of Man
Planning Officer:
Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 19.07.2013, includes;

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*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/42732-santon-ballavale-road-water-cascade-amphitheatre/documents/1097696*