**Document:** Officer Planning Report **Application:** 10/00185/B — Reconstruction of failed grass embankment with grass covered terraced bank **Decision:** Permitted **Decision Date:** 2010-03-22 **Parish:** Rushen **Document Type:** report / officer_report **Source:** https://planningportal.im/a/35847-rushen-happy-valley/documents/1347434 --- # Officer Planning Report ## Planning Report And Recommendations [Table omitted in markdown export] ## Considerations [Table omitted in markdown export] ## Written Representations ## Consultations [Table omitted in markdown export] [Table omitted in markdown export] ## Officer's Report ### The Site The site represents a piece of the slope which runs from Bay View Road in the west toward Chapel Bay in the east. There are public footpaths on all sides of the site and in the centre is a fountain. The ground is grassed with steps running up the southern side and a shelter below Bay View Road. The land suffered a significant slippage on 11th January, 2010 and works have been undertaken since then to stabilise and repair Bay View Road to the west and now works are underway to repair and restore the slope. ### Planning Status The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 and draft Southern Area Plan which was published on 23rd October, 2009 as Public Open Space. ### Planning History No planning applications have been submitted in respect of this site. ### The Proposal Proposed is the re-profiling of the bank and the removal of the fountain. The new slope will have a plateau part way down with a slightly steeper slope down to the footpath above Chapel Bay. A new section of footpath is to be introduced at the highest part, alongside the shelter and the hedging along the northern boundary is to be re-introduced once the re-profiling is complete. Additional material will need to be imported to create the new slope. **REPRESENTATIONS** There are no representations on file **ASSESSMENT** The site was previously a grassed slope which was open to public use and the proposed use is the same but with a change to the profile of the slope, creating a plateau which could render the area more easily usable by the public. The loss of the fountain is not considered objectionable. **PARTY STATUS** The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status. **Recommendation** **Recommended Decision:** Permitted **Date of Recommendation:** 19.03.2010 **Conditions and Notes for Approval / Reasons and Notes for Refusal** - C: Conditions for approval - N: Notes attached to conditions - R: Reasons for refusal - O: 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 permission relates to the re-profiling of the existing bank as shown in drawings PA01, PA02, PA03, PA04 and PA05 all received on 12th February, 2010. I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer **Decision Made:** Permitted **Date:** ................................................................................................................................................................................ **Signed:** ................................................................................................................................................................................ Senior Planning Officer 19 March 2010 10/00185/B Page 2 of 3 19 March 2010 10/00185/B Page 3 of 3 --- *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/35847-rushen-happy-valley/documents/1347434*