**Document:** Reasonable Avoidance Measures Statement
**Application:** 23/10076/AIR — Information in relation to condition 4 for PA 22/00186/B for ecological survey and mitigation methods for common lizards.
**Decision:** Permitted
**Decision Date:** 2023-08-08
**Parish:** German
**Document Type:** report / ecology_report
**Source:** https://planningportal.im/a/27279-st-johns-glen-moar-cafe/documents/1583103

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# Reasonable Avoidance Measures Statement

TOWN AND COUNTRY PLANNING ACT 1999 TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) ORDER 2019 1612-4.2.4 V1.0 MARCH 2022 REASONABLE AVOIDANCE MEASURES STATEMENT CONCERNING VIVIPAROUS LIZARDS APPLICATION REFERENCE: PA 22/00186/B PROPOSAL: CREATION OF RACE MARSHALS’ FACILITY WITH VIEWING PLATFORM, INCLUDING INSTALLATION OF GLASS BALUSTRADING TO EXISTING PARAPETS ADDRESS: ADJACENT TO COTTAGE THREE AT GLEN MOAR MILL, GLEN HELEN ROAD, LAUREL BANK, ST JOHNS, ISLE OF MAN IM4 3NN AUTHOR: EUAN P. H. CRAINE, B.Arch, M.Arch, ADPPA, ARB, RIBA

HAVEN HOMES LIMITED THE OLD CHAPEL 32-34 MALEW STREET CASTLETOWN ISLE OF MAN IM9 1AF PHONE 01624 835222 EMAIL HAVEN@HAVEN.IM WEB WWW.HAVEN.IM

### Contents

- 1.0 Description of Development 2
- 2.0 Distribution and Revision History 2
- 3.0 Purpose and Scope of the RAMs 3
- 4.0 Pre-Commencement Activities 3
- 5.0 Construction Phase Activities 4
- 6.0 Post-Completion Activities 5

#### Appendices:

A Design and siting of Hibernaculum

- 1.0 DESCRIPTION OF DEVELOPMENT
- 1.1 The development proposed under PA 22/00186/B (the “Development”) may be summarised as:—

the creation of a race marshals’ facility with viewing platform, including installation of glass balustrading to existing parapets.

- 1.2 The site of the Development (the “Site”) is as delineated in red on the site plan submitted under PA 22/00186/B.

- 2.0 DISTRIBUTION AND REVISION HISTORY REV. RECIPIENT DATE

1.0 Ecosystem Policy Team March 2022 1.0 Planning & Building Control Directorate March 2022

### 3.0 Purpose And Scope Of The Rams

- 3.1 This Reasonable Avoidance Measures Statement (“RAMs”):—

- (1) has been prepared by Haven Homes Limited (the “Agent”);
- (2) details how the Development’s construction will be managed, insofar as any effect on viviparous lizards will be avoided, minimised, or such risk otherwise mitigated;
- (3) is intended to be considered together with all previous submissions associated with PA 22/00186/B; and
- (4) is intended to be a live document to be revised as and when required.

- 3.2 It is understood that the Ecosystem Policy Team have recorded sightings of common lizards on, or proximate to, the Site. The scope and requirements of the RAMs are set out in correspondence from the Ecosystem Policy Team and form the basis of this document.
- 3.3 Whereas the Ecosystem Policy Team previously recommended that an ecological assessment for common lizards be undertaken by a suitably qualified ecologist, the Agent has subsequently been advised that to proceed with a presumption that lizards are present on site (and to adopt reasonable mitigrations based on such presumption) would be an equally acceptable approach under the provisions of the Wildlife Act 1990, thereby dispensing with the need to carry out the ecological assessment that was previously recommended.

### 4.0 Pre-Commencement Activities

- 4.1 Clearance of Vegetation: Start of October to end of February Any clearance of vegetation as may be required to enable construction works are to be carried out during the nonactive reptile season, within the above Vegetation Clearance Timeframe, thereby rendering the Site inhospitable to reptilian (and avian) wildlife ahead of any construction activities.
- 4.2 Programme Conflicts: Start of March to end of September For any clearance works that cannot be feasibly carried out during the Vegetation Clearance Timeframe (cf. §4.1), the Site Manager is to arrange for the Site to be thoroughly investigated for reptiles (and breeding birds) by persons with suitable experience of such searches. Such investigations are to be conducted immediately prior to any vegetation clearance works.
- 4.3 Discovery of Protected Wildlife Upon discovering any viviparous lizards (or nesting birds), precommencement phase works are to cease immediately. In such instances, the Ecosystem Policy Team are to be notified and their advice actioned as required.
- 4.4 Clearance of Vegetation: Procedure Vegetation is to be cleared in two passes using a strimmer or brush cutter. The first pass is to be nominally 0.2m above ground level. The second pass is to be at close to ground level. All cuttings are to be carefully raked and removed from the Site on the same day as the clearance works are carried out.

### 5.0 Construction Phase Activities

- 5.1 Clearance of Vegetation: Maintenance Any areas of the Site that are cleared of vegetation are to be maintained and kept short for the duration of construction works to ensure that the areas remain inhospitable, thereby discouraging the return of reptilian (or avian) wildlife to the Site for the duration of the works.
- 5.2 Hibernaculum Prior to removal of any topographical feature, a hibernaculum will be established proximate to the Site. Refer to Appendix A for the siting and design of the hibernaculum.
- 5.3 Removal of Boundary Features: Mid-April to August Topographical features required to be removed to enable construction works (in particular a length of stone wall and part of a sod bank adjacent to the public highway) are not to take place until sunny, warm days within the above Boundary Clearance Timeframe, when lizards are most likely to be active.
- 5.4 Removal of Boundary Features: Investigations Prior to the removal of any topographical features, the Site Manager is to arrange for the Site to be thoroughly investigated for reptiles (and breeding birds) by persons with suitable experience of such searches.
- 5.5 Discovery of Protected Wildlife Upon discovering any viviparous lizards (or nesting birds), construction phase works are to cease immediately. In such instances, the Ecosystem Policy Team are to be notified and their advice actioned as required.
- 5.6 Removal of Boundary Features: Procedure Topographical features are to be removed in a manner that allows for the departure of any protected wildlife, without otherwise causing wildlife to become trapped, confined to an isolated area, or without a safe means of escaping the area. The stone wall and sod bank are to be removed starting from the southwest end adjacent to the existing built structure, and working from that starting point towards the northeast (Ballacraine to Kirk Michael direction).
- 5.7 Removal of Boundary Features: Storage of Materials Loose materials (including stone and earth) taken from topographical features are to be removed from Site if feasible, or otherwise stored on an area of hardstanding. If storage of loose materials on vegetated areas is unavoidable, pallets must be used to separate the materials from the ground. The loose materials must in any case be isolated from the area from which they were removed, thereby discouraging the return of reptilian (or avian) wildlife to the Site.
- 5.8 Retained Boundary Features Any topographical features that are to be retained are to be suitably protected from construction activities for the duration of the works. Personnel are not to enter upon such areas without first consulting the Site Manager.

### 6.0 Post-Completion Activities

- 6.1 Hibernaculum: Maintenance Following completion of the Development, the hibernaculum is to remain undisturbed by adjacent uses.
- 6.2 Topographical features: Maintenance Following completion of the Development, any topographical features capable of accommodating reptilian wildlife (whether protected during the course of the construction phase or subsequently reinstated) are to remain undisturbed by adjacent uses.
- 6.3 End-users End-users are to be made aware of the position of the hibernaculum (and any other area capable of accommodating reptilian or other protected wildlife), to ensure the preservation of habitat and avoid inadvertant or unintentional interference.

## Appendix — A

HIBERNACULUM SITING AND DESIGN

##### Application Reference: Pa 22/00186/B

PROPOSAL: CREATION OF RACE MARSHALS’ FACILITY WITH VIEWING PLATFORM, INCLUDING INSTALLATION OF GLASS BALUSTRADING TO EXISTING PARAPETS

ADDRESS: ADJACENT TO COTTAGE THREE AT GLEN MOAR MILL, GLEN HELEN ROAD, LAUREL BANK, ST JOHNS, ISLE OF MAN IM4 3NN

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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/27279-st-johns-glen-moar-cafe/documents/1583103*