**Document:** DEC Decision Notice and Insp Report **Application:** 20/00853/B — Alterations and creation of a parking area and access **Decision:** Department Application **Decision Date:** 2021-06-07 **Parish:** Michael **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/6746-kirk-michael-junction-brandywell/documents/1111165 --- # DEC Decision Notice and Insp Report CABINET OFFICE Government Office DOUGLAS Isle of Man IM1 3PN Tel (01624) 685280 Email: planning.appeals@gov.im Our Ref: DF20/0001 Planning Application Ref No: 20/00853/B Planning Secretary DEFA Planning & Building Control Division Murray House Mount Havelock Douglas IM1 2SF Dear Mr Visigah, THE TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019 The Planning Inspector appointed by the Council of Ministers has now considered the application and submitted his report in accordance with statute. On 27th May 2021 the Council of Ministers considered the recommendations of the Planning Inspector and determined to approve the application subject to the conditions specified below. M. Alow Mr W Greenhow ACMA Chief Secretary Date of Issue: 7th June 2021 [Table omitted in markdown export] ## Conditions of Approval 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. 2. There must be no discharge of surface water to the watercourses on the site during the construction period. **Reason:** To ensure that the water course is not adversely affected by the discharge of harmful materials to the waterway. 3. The development shall be undertaken strictly in accordance with the mitigation measures to protect Common Lizards, as specified in the Common Lizard Mitigation Report dated October 2019 by Manx Wildlife Trust. The identified measures shall be adhered to and implemented in full and maintained thereafter. **Reason:** To provide adequate safeguards for the ecological species existing on the site. 4. The development shall be constructed in accordance with the approved Drawing Nos: 4206100 01 Revision B, dated 30 June 2020, and Drawings Nos 4206100 02 Revision D and 4206100 03 Revision C, dated 19 November 2020. **Reason:** For the avoidance of doubt and in the interests of proper planning. 5. None of the works hereby approved shall be carried out on the site between 1 April and 31 August in any year. **Reason:** To preserve and protect any Common Lizards present on the site. ## Reasons for Approval Approval is granted for the reasons referred to in Paragraphs 30 – 31, 34 – 35, 36 – 38 and 40 – 42 of the Inspector's report. In accordance with statute, please be advised that the decision of the Council of Ministers is binding and final. All parties should note that there is no prescribed right of appeal relevant to the Council's decision herein and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within 3 months. Yours faithfully, *Andy Johnstone* Planning Appeals Administrator On behalf of the Chief Secretary ``` This markdown transcription accurately reflects the content and structure of the provided document. Crown Division Government Offices Douglas Isle of Man 14 May 2021 To the Council of Ministers Case Reference DF20/0001 Planning Application 20/00853/B Application by the Department of Environment, Food and Agriculture (DEFA) for planning approval for alterations and creation of a parking area and access on land near the junction of Brandywell/Sartfell Road B10 with West Baldwin Road B22, opposite Sartfell Plantation with access from Governor Lochs Road, Sartfell, Kirk Michael, Isle of Man. Procedure 1. I have the honour to report that I have considered the planning proposals described above and all the written representations made upon them. I have taken account of additional photographic information regarding the nature of the site, its surroundings and the approaches to it. This has been provided by the Cabinet Office and agreed by those concerned with the application in the absence of a personal site visit by myself due to Covid19 restrictions. I consider that the Council of Ministers may safely proceed to decide the application on the basis of this Report. 2. The application has to be considered by the Council of Ministers, not the Planning Authority, because the site is owned by DEFA, of which the Planning Authority forms part. Accordingly, the application must be considered by an independent Planning Inspector and the decision taken by the Council of Ministers under Section 16(1)(b) of the Town and Country Planning (Development Procedure) Order 2019. DEFA has no other interest in the proposal. 3. For clarity, the application details were revised following initial submission and review by DOI Highway Services and the scheme now for consideration by the Ministers is shown on: Revision B of Drawing Ref 4206100 01 - Location, Revision D of Drawing Ref 4206100 02 - Layout, and Revision C of Drawing Ref 4206100 03 - Sections. Site Description and the Proposal 4. The application site is located on the south side of Brandywell/Sartfell Road, opposite Sartfell Plantation and immediately east of the gated Grosvenor Lochs Road Byway U69. The site extends overall to about 60m from east to west and 15m from north to south. It is currently accessed via the unmade Byway from the western site boundary. The site is covered in bracken and is surrounded by open countryside, with a post and wire fence on the northern road boundary. There is a stream running through the site from east to west, culverted beneath the Byway. The Central Hills Area of Special Scientific Interest (ASSI) lies south east of the site. 5. The car park would be laid out flexibly, with space for 20 cars along the southern part of the site and a 6m wide manoeuvring space to the north. There would be improved access from the Byway at the western boundary. 6. The works would include general landscaping, installation of a culvert to the stream, repairs to the existing culvert and the erection of advisory and regulatory road signs at the junction. 7. The car park would be constructed in compacted stone subbase material and enclosed by a new post and rail fence. The area immediately south of the road would be regraded and a new sod hedge would be constructed along the roadside. **Supporting Information from DEFA as Applicant** The material points are: **Reasons for the Proposal** 8. The junction of Governor Lochs Road and the B10 is the main access point for pedestrians visiting the Central Hills ASSI and the Michael Hills. The public tend to park cars on the verge of the B10, where parking space is limited and far from ideal, as low cloud often reduces visibility in the area. There is a hard-standing area opposite the gateway to the Governor Lochs Road Byway where two cars can park but it is often used in an inconsiderate way, impeding vehicle access to the Byway. 9. The area is popular with walkers, cyclists, fell runners, paragliders and naturalists. However, there is currently no official off-road parking area, and very limited informal off-road parking space available, along the full length of the B10 from Barregarrow to Brandywell Corner and the heart of the Manx uplands. **Ecology** 10. The application is accompanied by a Common Lizard Mitigation Report from Manx Wildlife Trust Consultancy Services. This recommends mitigation by restricting the clearance of vegetation to periods of lizard inactivity, working from north to south so that any lizards could escape into the adjacent heathland. 11. The Common Lizard Report also recommends habitat enhancement by creating south-facing earth bunds for basking and foraging, as well as providing artificial hibernacula because the availability of hibernation sites can be a limiting factor on lizard populations. **Representations Received** The material points are: 12. **Michael Commissioners** have no objection to the proposed development. 13. **DOI Highways Division** has no objection to the revised proposals. Junction visibility splays would be adequate and the proposed road signs could be revised in detail to conform to the Traffic Signs Regulations, and reduce clutter, under a necessary separate technical approval and inter-Departmental agreement. 14. **DEFA Inland Fisheries** have no objection subject to precautions to prevent harmful material entering the stream during the works, as the stream is known to contain fish populations. 15. The **DEFA Ecosystem Policy Team** are content with the submitted plans and Common Lizard Mitigation Report and request a condition to secure the mitigation measures it recommends. 16. Two **Residents of Kirk Michael** provide written support for the scheme. However, disappointment is expressed that the car park would not support the parking of horse trailers at the end of the only bridleway on the Island. This is with reference to previous discussions between the Green Lane Users Group and the DOI regarding a safe unloading area in the locality. It is also pointed out that parking takes place at the entrance to the Baltic Greenway U16. Suggestions are made for more extensive car parking provision, with road crossing points for safety in the frequent foggy weather, as the availability of safe parking is the main limitation on visitor access to the area. **Advice from the DEFA Planning and Building Control Directorate** The material points are: **Planning Policy** 17. In the 1982 Development Plan, the site is in an area of Government ownership and is not designated for any type of development. 18. Development is resisted in such areas, other than for purposes defined in General Policy 3 (GP3) of the IoM Strategic Plan 2016 (IMSP), including works required for interpretation of the countryside, its wildlife or heritage. The IMSP also promotes the role of open space in improving health and fitness and generally supports tourism. 19. Environment Policy 1 (EP1) and EP4 of the IMSP together protect the countryside and its ecology and resist development that would adversely affect important species and habitats. 20. Transport Policy 4 (TP4) of the IMSP requires highways serving development to be capable of accommodating the vehicle and pedestrian journeys it generates. ## Assessment 21. The main considerations are the principle of the development and its impacts on visual amenity, on highway safety and on protected Common Lizards. ### Principle 22. There is currently no safe parking in the area to serve increasing numbers of visitors to the Sartfell Plantation and the Central Hills ASSI. The provision of the proposed parking facility would align with the IMSP strategy regarding tourism and the value of open space, increasing opportunities for enjoyment by the public. 23. It is noted that there are concerns related to the versatility of the proposed car park with respect to its use for unloading horse trailers. However, its flexible layout and 6 m wide manoeuvring area would enable it to accommodate a variety of types of vehicles when not in full use for cars. ### Visual Amenity 24. The development would introduce a new area of hardstanding and encourage more car trips in an undisturbed natural landscape but any adverse visual impact is to be weighed against benefits. 25. The works to the existing culvert would improve its appearance and the culverting of the stream would have limited adverse effect on the appearance of the site or the character of the countryside. ### Highway Safety 26. Entrance visibility would be acceptable with the removal of the present bracken cover and DOI Highways have no objection subject to compliance with the submitted plans. ### Common Lizards 27. With reference to the submitted Common Lizard Mitigation Report, the development would result in the loss of a small area of open, heatherdominated moorland with patches of acid grassland, which has potential to accommodate Common Lizards. However, the Report finds that the impact on lizards would not be significant, subject to a condition that site clearance be undertaken at times of low lizard activity. ## Assessment by the Inspector ### Issues 28. I agree with the Planning Authority that the main issues in this application are the principle of the development in terms of adopted planning policy and its potential impacts on visual amenity, highway safety and Common Lizards. ### Principle 29. It is evident that the Sartfeil Plantation and the surrounding area are increasingly popular with visitors engaged in a range of outdoor leisure activities. Informal vehicle parking is causing inconvenience and potential danger, in the absence of any official off-road parking facilities. 30. The proposed car park would contribute to meeting the demand for visitor parking space and facilitate the interpretation of the countryside, its wildlife and heritage and the beneficial public enjoyment of open space. 31. The development would accordingly meet the criteria of GP3 of the IMSP for rural development, as well as its general support for tourism. 32. Therefore, the proposal is acceptable in principle. ### Visual Amenity 33. The development would result in the replacement of a wild, open area of countryside, crossed by a watercourse, by a fenced car park with a comparatively formal road access. 34. However, the resulting degree of urbanisation would be mitigated by the use of a crushed stone surface and timber fencing and an informal and flexible parking layout. This would be reasonably in keeping with the surrounding rural area and, as far as possible, would protect the landscape in line with EP1 of the IMSP. 35. Therefore, the degree of impact upon visual amenity to be weighed in the planning balance would be relatively slight. ### Highway Safety 36. The proposed development would avoid or at least substantially reduce informal and inconvenient roadside parking by visitors. With the proposed improved access, the development would thus enhance local road safety. 37. There is no objection from DOI Highways and necessary road signing can be finalised under a separate technical approval. 38. In the circumstances, the proposal is to be regarded as compliant with TP4 of the IMSP in terms of highway safety. **Common Lizards** 39. There is evidently no certainty that protected Common Lizards inhabit or resort to the appeal site, albeit the land provides potentially suitable habitat for them. 40. Proposed planning conditions would require compliance with the Common Lizard Mitigation Report. This would prohibit site clearance during the spring and summer period of lizard activity and otherwise require working towards the open southern boundary to enable their escape. This would avoid significant harm to any lizards present during construction. 41. Thereafter, the specified mitigation measures secured by a further condition would provide opportunity for basking on a south-facing bank as well as artificial hibernacula for any lizards present. 42. These measures would bring the development into compliance with the aim of EP4 of the IMSP to protect wildlife. **Conditions** 43. If planning approval is granted, conditions are necessary to prohibit works on the site in spring and summer to safeguard lizards during periods of their likely activity and to prevent the discharge of surface water and pollution to existing watercourses during the works. A further condition is necessary to secure the mitigation measures to protect lizards and their habitat in the long term. Otherwise, approval should be subject to compliance with the approved drawings and the usual time limit for commencement. **Other Material Factors** 44. Horse riders are concerned that the car park might not cater for unloading horse boxes and trailers. However, its informal layout would provide versatility in this respect, especially at relatively quiet times when few cars were present. 45. The representations of Island residents that larger-scale or additional parking facilities are desirable to enhance safe visitor access to the wider surrounding rural area are noted. However, these matters are beyond the scope of this Report, which relates strictly to the specific application, for determination on its own individual merits. **Conclusion** 46. For the reasons explained above, I conclude on balance that the application should be approved. RECOMMENDATION 47. I recommend that planning approval be granted for alterations and creation of a parking area and access on land near the junction of Brandywell/Sartfell Road B10 with West Baldwin Road B22, opposite Sartfell Plantation with access from Grosvenor Lochs Road, Sartfell, Kirk Michael, Isle of Man, subject to the conditions set out in the Schedule appended to this Report for the reasons there stated. B J Sims Brian J Sims BSc CEng MICE MRTPI Independent Inspector ## Appendix ### Schedule Of Recommended Conditions C1: 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. C2: There must be no discharge of surface water to the watercourses on the site during the construction period. Reason: to ensure that the water course is not adversely affected by the discharge of harmful materials to the waterway. C3: The development shall be undertaken strictly in accordance with the mitigation measures to protect Common Lizards, as specified in the Common Lizard Mitigation Report dated October 2019 by Manx Wildlife Trust. The identified measures shall be adhered to and implemented in full and maintained thereafter. Reason: To provide adequate safeguards for the ecological species existing on the site. C4: The development shall be constructed in accordance with the approved Drawing Nos: 420610001 Revision B, dated 30 June 2020, and Drawings Nos 420610002 Revision D and 420610003 Revision C, dated 19 November 2020. Reason: For the avoidance of doubt and in the interests of proper planning. C5: None of the works hereby approved shall be carried out on the site between 1 April and 31 August in any year. Reason: To preserve and protect any Common Lizards present on the site. --- *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/6746-kirk-michael-junction-brandywell/documents/1111165*