**Document:** DEC Officer Report
**Application:** 21/00776/B — Variation of condition 9 of PA 12/01140/B to add additional uses for the building and immediate area
**Decision:** Refused
**Decision Date:** 2021-11-25
**Parish:** German
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/7745-german-sunset-lakes/documents/935201

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# DEC Officer Report

**Application No.:** 21/00776/B
**Applicant:** CCSE Leisure Ltd
**Proposal:** Variation of condition 9 of PA 12/01140/B to add additional uses for the building and immediate area
**Site Address:** Sunset Lakes Ballagyr Lane Peel IM5 2AD Senior
**Planning Officer:** Mr Jason Singleton
**Site Visit:** 07.10.2021
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Refused
**Date of Recommendation:** 10.11.2021 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. The erection of a marquee on site would see the introduction of an incongruous feature that would be detrimental to the site and this part of the countryside, contrary to EP1,2 and GP2b,c. - R 2. The additional use of the site and the erection of a marquee would be detrimental to the openness of the countryside and the neighbouring residential area contrary to EP22 and GP2g - R 3. The proposed use of the existing building and the erection of a marquee would be considered contrary to local plan and not within an area designated for development contrary to STP2, SP5 and BP1 - R 4. The additional use of the site is not within a sustainable area and would prejudice the site with the potential to impact upon the bio-diversity and wildlife that exists in the immediate area contrary to GP2k,d and CP2. _______________________________________________________________

## Interested Person Status

Additional Persons

None _____________________________________________________________________________

## Officer’s Report

1.0 THE SITE - 1.1 The site is the curtilage of a relatively new complex which comprises trout fishing lakes, a café and tourist accommodation in the form of four lodges. Fish are bred in the complex and

- are then fished. Access to the site is via Ballagyr Lane, to the east of the backs of properties in Willow Close and some of the properties within the small development known as McLeod's Field.
- 1.2 At the time of the site visit, the entire complex was closed and on their social media there was an announcement dated 30th September that announced both the cafe and fishing will be closing with immediate effect.

2.0 THE PROPOSAL - 2.1 Proposed is the variation of condition 9 of PA 12/01140/B to add additional uses for the building and immediate area and also seeks approval for the siting of temporary structures (marquees) in the area adjacent to the current building. - 2.2 Condition 9 says; 9. "The use of each building hereby approved shall be limited to that for which planning approval has been specifically granted and for no other purpose. The education centre shall be used solely for wildlife -related activities". - 2.3 The applicants now seek to vary the condition but specifically the education centre, so it can be used for activities associated with the other uses of the site, namely the café, fishing activities and holiday lodge accommodation. - 2.4 The applicants have noted that; these activities would operate by private hire arrangement for functions, including but not limited to:-

- o Private functions associated with the hire of the café building. (e.g. weddings / private celebrations).
- o Events relating to the fishing operation, possible angling club meetings.
- o Corporate events, such as team building that would also utilise other facilities of the complex.
- o These events may be catered events, by either the café business or outside catering by arrangement.

2.5 The additional uses are proposed to retain the same opening hours in the day coinciding with the opening time of the remainder of the elements in the complex. These are namely 07.00 hrs to 23.00hrs as approved under PA 18/00885/B, dated October 2018. - 2.6 The proposed area for the erection of a marque was shown on the approved drawings to be planted walkway and a 'dipping' pond, the applicants has noted; "the dipping pond and the adjacent garden area were subject to becoming waterlogged and un-usable; thus, the area has been improved by the installation of artificial turf. This gives an ample and versatile space for outdoor classroom / group activities, and an area that offers expansion which could accommodate temporary structures such as marquees… Wildlife events that have taken place have found that the fishing lakes themselves offer greater opportunity for the observation, investigation and education of wildlife, being rich in a diverse variety of species".

3.0 PLANNING POLICY - 3.1 In terms of land use designation, the application site sits outside of the Peel local plan but is identified on the 1982 Development Order, South Plan where the site lies within open country in an area designated as being of High Landscape Value and Scenic Significance. - 3.2 The site is not within a Conservation Area or within an area identified as flood risk. There are no defined registered trees areas on the Govt maps. STRATEGIC PLAN - 3.3 Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered to be relevant in the determination of this application: - 3.4 Strategic Policy 2:

- Directs new development to towns and villages unless there are exceptional circumstances.
- 3.5 Strategic Policy 4: (in part) Proposals for development must; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations.
- 3.6 Spatial Policy 5: New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.
- 3.7 General Policy 2 Whilst the land is not zoned for development, the general principles contained with GP2 offer guidance that specifically addresses those issues affecting buildings on site that would be general development control principles.

- (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 water courses;

- (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; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;

3.8 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 overriding 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.

3.9 Environment Policy 2: The present system of landscape classification of Areas of High Landscape or 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 different 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.

3.10 Environment Policy 22: (in part) Development will not be permitted where it would unacceptably harm the environment

and/or the amenity of nearby properties in terms of: iii) vibration, odour, noise or light pollution.

3.11 Business Policy 1:

- The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan.
- 3.12 Community Policy 2: New community facilities should be located to serve the local population and be accessible to non-car users, and should where possible re-use existing vacant or underused buildings.
- 3.13 Town and country planning (permitted development) (temporary use or development) order 2015 Schedule 1; Class B - Permitted Development for operations in connection with a permitted use B. Permitted development The use of land for any permitted use for not more than 12 days in total in any calendar year, of which not more than 3 days may be consecutive at any time, and the provision on the land of any temporary structure or building(s) for the purposes of the permitted use.

4.0 PLANNING HISTORY - 4.1 12/01140/B - Erection of a fishing complex with lakes, cafe, four holiday cottages, educational facility and landscaping. Approved with the conditions below;

- 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 13 of the Town and Country Planning (Development Procedure) Order 2005 and to avoid the accumulation of unimplemented planning approvals.

- 2. All of the buildings and structures on the site (excluding the lakes) shall be removed and the land restored to its former condition in the event that they have been vacated for a period of two years and are no longer required for the use for which approval has been granted.

Reason: The buildings and structures are considered acceptable as an exception on the basis of the demand for a specialised tourist facility.

- 3. The holiday cottages hereby approved shall not be used or occupied other than for the purpose of short-let holiday accommodation and shall not be used as separate dwellings. They shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any calendar year.

Reason: To ensure that the holiday cottages are used and occupied only as short-let holiday accommodation and to prevent the creation of unjustified separate dwelling in the countryside.

- 4. No development shall start before a phasing scheme for the construction of the fishing complex has been submitted to and approved in writing by the Department. The scheme shall identify when the various elements of the development will be constructed and it shall give priority to the creation of the proposed access. The development shall be implemented in accordance with the approved phasing.

Reason: To ensure that the development is completed in a logical and timel;y way, and in the interests of highway safety.

- 5. No development shall start until a programme of archaeological work, to include excavations where required, has been submitted to and approved in writing by the Department. The programme shall indicate the degree of supervision by a qualified archaeologist. The development shall not be carried out unless in accordance with the approved programme of archaeological work. Reason: To ensure that archaeological remains and features are adequately recorded.

- 6. No development shall start until a landscaping scheme and biodiversity improvement scheme has been submitted to and approved in writing by the Department. The schemes shall include details of all existing walls, fences, trees, hedges to be retained; details of all new walls, fences and other boundary treatments, finished ground levels, trees, hedges, grassed areas, and hard surfaces; and a programme of implementation. All landscaping shall be carried out in accordance with the approved details and programme.

The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed in writing with the Planning Authority. Any trees or hedge which, within a period of five years from the date of planting, dies, is removed or becomes seriously damaged or diseased shall be replaced by another of the same species and size. All hard landscape works shall be permanently retained in accordance with the approved details.

Reason: To ensure the provision of an appropriate landscape setting to the development.

- 7. No building, structure, means of enclosure, other than those approved as part of this application, shall be constructed or placed on the land without the prior written consent of the Department. Reason: To safeguard the open areas of the development in the interests of visual amenity.
- 8. There shall be no external lighting unless previously approved as part of a lighting scheme submitted to and agreed in writing with the Department. Reason: In the interests of the character and appearance of the site and surrounding area.
- 9. The use of each building hereby approved shall be limited to for which planning approval has been specifically granted and for no other purpose. The education centre shall be used solely for wild-life related activities. Reason: For the avoidance of doubt.
- 10. The hours of the operation of the café shall be limited to 05:00hrs to 21:00hrs. Reason: In the interests of the amenity of the area.
- 11. Notwithstanding the provisions of Schedule 4 (Use Classes) of the Town and Country Planning (Permitted Development) Order 2012, no other goods apart from those relating to fishing may be sold or hired from the shop.

Reason: The location is not suitable for general retail sales and in order to protect the vitality and viability of existing town and villages.

- 12. No material shall be removed off site until a traffic management scheme has been submitted to and approved in writing by the Department. The scheme shall include details of the size of vehicles, the number of movements each day, the destination of where the material is to be transported or deposited and the final date of completion.

Reason: In the interests of residential amenity, highway safety and to ensure that excavation does not become the primary land use activity on the site.

- 13. No material may be brought onto the site (prior to constructing the ponds and at such time that the ponds may be in-filled and the land restored) until details of the source of the material and a traffic management scheme has been submitted to and approved in writing by the

Department. The scheme shall provide details of the nature of the material, is source from, the size of vehicles, the number of movements each day, and the final date of completion.

Reason: In the interests of residential amenity and highway safety, and to ensure that all material is uncontaminated and its importation does not have a significant impact on the landform.

- 14. During the excavation of the ponds and prior to the importation of any material, further details of the final construction of the ponds and embankments, including soil analysis and cross sections at a scale of 1:20 showing all the materials to be used, shall be submitted to and approved in writing by the Department. All of the ponds shall be lined with and impermeable membrane and the embankments shall be constructed in accordance with the approved details Reason: In the interests of flood prevention.
- 15. Before development starts, schedules and samples of all materials and finishes to be used in the construction of the external surfaces of the buildings hereby approved shall be submitted to and approved in writing by the Department. The development shall be carried out in accordance with the approved schedules and samples. Reason: In the interest of the character and appearance of the site and surrounding area.

4.2 18/00885/B - Variation of condition 10 of PA 12/01140/B, Erection of a fishing complex with lakes, cafe, four holiday cottages, educational facility and landscaping. To change the hours of operation for cafe from 05.00hrs to 21.00hrs to 07.00hrs to 23.00hrs. Approved on 4th October 2018. - 4.3 19/01334/B - Erection of manager’s lodge. Sunset Lakes. Approved March 2020. The case officer at the time described the works as; "This Proposed is the erection of a new building on a part of the site which is presently part of an undeveloped green field to the immediate north of the holiday cottages, to the west of the shop and cafe and abutting the existing car park and access. The building is intended to provide living accommodation for a manager of the complex as well as a reception, office and store area therefor. The unit has three bedrooms and bathroom, lounge, kitchen and dining room and is internally connected to the complex facilities. It is a timber structure, like the tourist chalets with dark coloured window frames and doors and an imitation slate roof finish".

- 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. The building must be removed if it is no longer needed or occupied for its intended use within one year of it not being needed or used for its intended purpose. Reason: the site is not designated for development and the justification for the property relates to it being required for security purposes associated with the adjacent tourist and recreation facilities.
- C 3. The building may be used only as reception and office purposes associated with the adjacent tourism and recreation facilities and the living accommodation may only be occupied by persons employed in association with the adjacent facilities. Reason: the site is not designated for development and an exception is being made on the grounds of the need for on-site security for the adjacent facilities.

- C4. Prior to the commencement of any excavation or building works, a plan showing the existing and proposed levels of the site must be approved in writing by the Department and the development undertaken in accordance with these details. Reason: to ensure that the building is established at an appropriate level so as not to be prominent in the landscape.

C 5. The development must be undertaken in full accordance with the Precautionary Working Method Statement dated January 2020. Reason: to accord with Environment Policy 4 of the Strategic Plan.

5.0 REPRESENTATIONS (in brief - full reps can be read online)

5.1 German Parish Commissioners commented (03/08/21) with no objection

5.2 Highways Services have commented (03/08/21) with no objection - 5.3 Defa fisheries commented (16/08/21) with no objection

6.0 ASSESSMENT The fundamental issues to consider in the assessment of this application are;

- (i) Principle (STP2;Sp5;BP1);
- (ii) Use (GP2k,d, CP2)
- (iii) Visual impact (GP2b,c; EP1,2)
- (iv) Neighbouring amenities (GP2g; EP22)
- (v) Highway Safety (GP2h&i)

- (i) Principle

6.1 The original planning application granted under 12/01140/B, was made on an exception basis on account of the demand for a specialised tourist facility. This was further reinforced with restrictive conditions limiting the use, occupation, any further development and removal of the buildings if not in use, through the planning conditions numbered 2, 3, 7 and 9. The points to consider is whether the diversification away from the original exception made for development in the countryside is contrary to the land use designation and that for what was formerly approved, and the impact on the countryside.

6.2 The proposal is not seeking to materially alter any of the existing buildings but seek additional use of part of the site, namely the education centre located to the north west of the site adjacent to the car park, which is conditioned to say "shall be used solely for wild-life related activities". This is aside from the fishing and holiday accommodation as noted in para.2.4 and also seeks the provision for the erection of temporary structures/ marquees for functions is association with this part of the site. An amended plan was provided that annotates to the location of proposed installation of marques which is adjacent to the educational building to the east or to the south. - 6.3 Whilst the proposal could be considered only a minor addition to the use of the site, the principle would be read at odds for further development in the countryside for which the policies (Strategic Policy 2 and Spatial Policy 5) do not support and would then fail to meet Business Policy 1. The intensification of use in an area that is not zoned for development where an exception was initially made for the site could not be further supported where it could lead to a diversification and intensification above what was originally considered for approval.

- (ii) Use

6.4 The additional use of the buildings/ site would no doubt increase footfall to the area for which is not located within an existing settlement and is not served well by public transport and without dedicate footpaths from the main highway to the site would therefore encourage car use contrary to sustainability policies of the strategic plan. Furthermore, the Programme for Government, its Active Transport Strategy and Climate Change policy, all recently adopted give

weight to the importance of sustainable development, as such this aspect would fail Community Policy 2.

6.5 The change of use of this part of the site could be read at odds with GP2k where the original approval was for a fishing lake in the countryside and the proposal would allow for diversification on site that could prejudice the use of the site rather than being complementary. It is further noted being a fishing lakes and the extensive planting on the site could be awash with bio-diversity, although no information or reports has been submitted in this regard, the additional use could have a detrimental impact on the wildlife and habitats in this part of the site and potentially the wider area and water course which would be contrary to Gp2d.

- (iii) Visual Impact

6.6 The proposal would seek to regularise this aspect of the site that has not been constructed in accordance with the permitted plans, whilst the use of Astroturf in lieu of a dipping pond is minor in the overall appearance of the area, it does change the character of this part of the site that could allow for additional uses. - 6.7 The erection of a marquee would be comparable in size the existing built forms on site and would not be seen as a dominant structure which would accord with Gp2b. However these marquees can blur the lines from temporary to semi-permanent given the length of time to erect and disassemble. Also to consider is the time and cost viability of this between organised events can lead to the presence of a marquee being in place for longer periods and exposed to the elements that can lead to a degradation in the visual appearance that could then be detrimental the to the site and this aspect of the countryside contrary to Environmental Policy 1 and 2 which would then have an impact on the character of the surrounding landscape and contrary to General Policy 2(c). On balance the utilisation of a marquee on site to expand the uses of this site could not be supported.

- (iv) Neighbouring Amenities

6.8 There are no immediate neighbouring properties whose amenity could/would be affected by this, the nearest residential dwellings are approx. 400m to the west and could be considered to be impacted by any additional use of the site through statutory nuisances (noise, smells, light pollution) in accordance with GP2. - 6.9 In terms of noise nuisance, the use of the marquee could give rise to unacceptable accumulation of noise and given the topography of this part of the open countryside, noise would travel uninterrupted by any natural barriers. Even so, no information has been submitted with this application to demonstrate how noise impacts from the marquee (which usually has amplified noise) would be mitigated to reduce the impact on those neighbours even though they are some distance away. The introduction of additional recreational / entertainment element into this site, whether by vehicles parking or the use of the marquee for an activity, would inevitably generate an element of harm from noise, above the back ground noise levels contrary to EP22.

- (v) Highway Safety

6.10 There is ample parking within the site that would accommodate any additional use and no adverse comments have been received from Highway Services who have considered the merits of the current access to and from the site from the highway noting visibility splays. As the transport professionals their comments are heavily relied upon and it is noted they do not objecting to this application. The proposal from a highways perspective would not be considered to have any adverse impact on the existing highway or upon those users entering, exiting or parking at the site. As such the proposal would be considered to align with the principles of Gp2 h&I

## - 7.0 CONCLUSION

7.1 For the above reasons, it is concluded that the planning application would harm the use of the existing site, and that of this part of the countryside. The potential for noise nuisance in this open part of the countryside could affect the enjoyment of neighbouring properties and is contrary to the land use designation. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

- (a) the applicant (including an agent acting on their behalf);
- (b) any Government Department that has made written representations that the Department considers material;
- (c) the Highways Division of the Department of Infrastructure;
- (d) Manx National Heritage where it has made written representations that the Department considers material;
- (e) Manx Utilities where it has made written representations that the Department considers material;
- (f) the local authority in whose district the land the subject of the application is situated; and
- (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker 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 above who should 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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Refused Date: 25.11.2021 Determining officer

Signed : A MORGAN Abigail Morgan 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.

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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/7745-german-sunset-lakes/documents/935201*