20 December 2023 · Committee
Manx Birdlife Point Of Ayre Reserve, Postal Locality, Cranstal, Bride, Isle Of Man, IM7 4bs
This application sought permission to landscape a former sand and gravel quarry at the Manx Birdlife Point of Ayre Reserve in Bride, Isle of Man. The works would create an information point, seating, and a viewing area on land that is currently privately owned and managed as a bird sanctuary, with no public access at present. The Planning Committee considered the application on 18 December 2023 and agreed with the officer's recommendation to approve. The key planning issues examined included the principle of development on this former quarry site and the potential ecological impact on the surrounding bird sanctuary environment. Permission was granted subject to five conditions. The committee agreed an amendment to Condition 5 at the meeting before issuing the formal approval on 20 December 2023.
The Planning Committee approved the application at its meeting on 18 December 2023, with the decision formally issued on 20 December 2023. The committee agreed with the officer's recommendation to approve, subject to five conditions including an amendment to Condition 5 agreed at the meeting.
development proposals must protect and enhance the nature conservation of designated sites
Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings (1), Conservation Areas (2), buildings and structures within National Heritage Areas and sites of archaeological interest; (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; and (c) not cause or lead to unacceptable environmental pollution or disturbance. 4.3.8 The design of new development can make a positive contribution to the character and appearance of the Island. Recent development has often been criticised for its similarity to developments across the Island and elsewhere - "anywhere" architecture. At the same time some criticise current practice to retain traditional or vernacular designs. As is often the case the truth lies somewhere between the two extremes. All too often proposals for new developments have not taken into account a proper analysis of their context in terms of siting, layout, scale, materials and other factors. At the same time a slavish following of past design idioms, evolved for earlier lifestyles can produce buildings which do not reflect twenty first century lifestyles including accessibility and energy conservation. While there is often a consensus about what constitutes good and poor design, it is notoriously difficult to define or prescribe. 4.3.9 The Department recognises the need to raise the quality of the Island's architecture and built environment and is pursuing this through the development control process and the commissioning of its own schemes and environmental improvements. At the same ti me it appreciates that the debate about good design needs to be broadened to include those who design, construct and finance new development and the wider community as we are all affected by the end product. To this end it welcomes the Isle of Man Arts Co uncil's National Arts Development Strategy 2005 - 2014 which has as one of its objectives, to raise the quality of the Island's architecture and built environment by encouraging debate on architectural standards, town and country planning, urban regenerati on and public art. This Strategy recognises that debate will have to take place over time. 4.3.10 In the meantime, the Department considers that, while there are a number of policies in the Strategic Plan which cover various elements of the design of new development e.g. General Policy 2 (a) -(i), ( m) and (n), and various Housing policies, there is a need for a further statement on the need to secure quality in the design of new development. In the preparation of Area Plans the Department will include development briefs that set out design principles for significant sites including new residential areas. Subsequent planning applications will be required to be accompanied by a Design Statement setting out the way in which the proposal has been designed to take into account its context and how the design principles have been developed. 4.3.11 At the same time as wishing to promote good design in new development the Department recognises that there are an increasing number of alternative styles of housing which draw their design principles from the wish to promote sustainability and energy efficiency. Many of these can be incorporated into both modern and traditional designs but in some cases they produce a completely different structure or form of buildings, for exa mple underground (1)Registered Building is defined in Appendix 1 (2) Conservation Area is defined in Appendix 1 housing. While wishing to conserve the historic landscape of the Island the Department welcomes new styles of housing as long as they take into account the landscape context and the impact on the amenities of the area in which they are si ted. Merely arguing that a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development.
presumption against development outside allocated sites
General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land (1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.
protection of countryside and its ecology
Area Plan for the East sets out locally-applicable means for implementing the policies set out in the Isle of Man Strategic Plan 2016. In that Strategic Plan, we find the Environment Policies. Environment Policy 1 states: 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. Maintaining the purpose of this Area Plan as a means of implementation, there is some further direction to be found in the Strategic Plan, at paragraph 7.2.1: 'Whilst landscape and coastal change is inevitable, and in some cases desirable, the emphasis must be on the appropriateness of this change and the balance or equity between the needs of conservation and those of development. The primary goal must therefore be to respect, maintain and enhance the natural and cultural environment including nature conservation and landscape and coastal quality, and ensure its protection from inappropriate development.' Given the comprehensive nature of the Isle of Man Strategic Plan's Environmental Policies, only a small number of additional Proposals and Recommendations are necessary. In order to produce an implementable Area Plan for the East it is necessary to recognise those statutory desig nations and strategies which whilst having an Island-wide scope are highly relevant to the protection of environments within the Plan Area. An example is the UNESCO Biosphere status afforded to the Isle of Man. Island-level strategies identify crossborder issues and take account of the cumulative impacts of human engagement with nature. Area Plan Objectives i. To protect, conserve and enhance the natural and cultural environment of the plan area and promote biodiversity. ii. To improve the function, usability and provision of our green infrastructure and public spaces by providing a network of green spaces and features which are connected and where possible, accessible to the public. iii. To manage and improve flood risk and improve drainage conditions. iv. To support the working countryside and its custodians in maintaini ng a sustainable rural economy. Area Plan Desired Outcomes i. Where approved, d evelopment will be ecologically sustainable and designed to protect and where possible enhance biodiversity as well as mitigate and adapt to the effects of climate change. ii. The Green Infrastructure network will be established and fostered, connecting people with nature in a way that achieves the best shared outcomes for the urban and natural environment. iii. Statutory and non-statutory designations will continue to provide protection to the most important and most vulnerable cultural assets, habitats and environments in the plan area. iv. Beyond the towns and villages, the area as a whole will retain its landscape setting including its important visual interaction with the central uplands, central valley, coast and marine environment. Natural Environment Proposal 1 The Department supports the protection, creation and improvement of green infrastructure in the East, particularly in those locations which have the potential to be part of a Green Infrastructure Network. Applications for development must take into account any approved Government Green Infrastructure Strategies, but in any case, must identify how development proposals intend to contribute to the long term provision of a network of connected green spaces. UNESCO Biosphere In 2017, the Isle of Man became the first ever entire nation to achieve UNESCO Biosphere status. Project partners pledge to take steps to protect natural resources, develop the economy in a sustainable way and promote outstanding living landscapes. UNESCO Biosphere Reserves are established to connect people and the economy with nature, wildlife, culture, heritage and communities. Biosphere Reserves have three functions: Conservation: to contribute to the conservation of landscapes, ecosystems, species and genetic variation. Development: to foster economic and human development which is socio -culturally and ecologically sustainable. Logistic support: to support demonstration projects, environmental education and training, research and monitoring related to local, regional, national and global issues of conservation and sustainable development. The Isle of Man Biosphere is zoned into six areas . Examples of all of these can be found in the Eastern area: Terrestrial Core areas, Marine Core areas, Terrestrial Buffer zone, Marine Buffer zone, Terrestrial Transition areas and Marine Transition areas. There is some overlap with The Isle of Man's First Biodiversity Strategy 2015-20
protection of landscape
d/Governor 's Road junction. Any future applications will be considered on their merits taking into account the proposals set out in this plan and the Strategic Plan (see Maps 3 and 6). Natural Environment Proposal 2 (Green Gap) Between the settlements of Douglas and Onchan in the area straddling Blackberry Lane, development which would erode the separation and detract from the openness between the settlements will not normally be supported. Applications may be considered favourably if reason for an exception can be demonstrated in line with General Policy 3(g). Laxey and Baldrine - Encroaching ribbon development along the A2 C oast Road which connects Laxey and Baldrine has the potential to connect the two settlements. At present this area largely retains its sense of being in the open countryside with clear sea views. Additionally, services for networked water supply and other essential utilities would be difficult to provide for additional development in this area (see Maps 3, 7 and 9). Natural Environment Proposal 3 (Green Gap) Between the settlements of Laxey and Baldrine, development which would erode the separation and detract from the openness between the settlements will not be supported. Glen Vine and Crosby - These two settlements, although proximate in location, are separate and distinct in many ways. Consultation has clearly demonstrated this through the views expressed during the stages of plan development. In cases such as this, the breaks in the urban fabric and the features of nature which provide a sense of openness should be protected from development which would erode this (see Maps 3 and 10). Natural Environment Proposal 4 (Green Gap) Between the settlements of Glen Vine and Crosby, development which would erode the separation and detract from the openness between the settlements is unlikely to be supported. Douglas, Union Mills and Strang (see Maps 3, 4 and 8) Natural Environment Proposal 5 (Green Gap) Between the settlements of and Douglas, Union Mills and Strang, development which would erode the separation and detract from the openness between the settlements is unlikely to be supported. The Upland Environment The Manx Uplands are an iconic part of our landscape and heritage. Reference to the 'sweet mountain air' and 'green hills and rocks' are enshrined in our national anthem and the colours of the heather and gorse are woven into the very fabric of Manx tartan. The hills are a place of great beauty, yet for some they are also a place to work and for others a place to exercise or simply enjoy open space. Our Uplands are also home to plants and animals that whilst familiar to us, are rare and impor tant in a global and European context. Furthermore, the uplands are a rich repository of cultural and archaeological remains, which are sensitive to change and can easily be damaged by inappropriate development. Production of food is an important and obvi ous function of hill land. But surprisingly, the Manx hills provide everyday functions that most people take for granted. Peatlands, which cover most of our hills reduce the impacts of climate change by locking up carbon dioxide, collect and filter our drinking water and slow the passage of rainfall into streams and rivers, thus reducing downstream flood risk. These multiple uses are of great benefit to the economy of the Isle of Man and the well - being of its people. It is important that the hills continue to provide these benefits long into the future. Ensuring sustainable management of such a wide range of uses to the satisfaction of all interested parties whilst retaining functions essential to the well -being of the Isle of Man is of paramount importance. The Isle of Man Government is the owner and landlord for the majority of the Uplands in the East region and is therefore in a position to implement policy which will deliver the optimum range of ecosystem services. Appropriate and positive Upland management such as controlled rotational burning/cutting of heather and low intensity grazing helps to reduce the fuel load of the hill, provides firebreaks and reduces the risk of unplanned wildfires that further protects the biodiversity of the site, but also the vast amounts of carbon locked away in the peat soils. The majority of this work is carried out by The Department of Environment, Food & Agriculture's grazing and shooting tenants. The Manx Uplands are critically important from a habitat and biodiversity perspective. The hills in the East support a significant number of breeding hen harriers; however, other native Upland breeding birds such as curlew and red grouse have suffered severe declines in recent decades and as such are of high conservation concern. Strict control of access and recreational activity on vulnerable soils should be implemented to reduce soil erosion and subsequent carbon loss. Curlew and hen harriers are recognised as an internationally important species, while (within the EU) upland heather moorland is designated
protection of ecology and designated sites/protected species
uch as this, the breaks in the urban fabric and the features of nature which provide a sense of openness should be protected from development which would erode this (see Maps 3 and 10). Natural Environment Proposal 4 (Green Gap) Between the settlements of Glen Vine and Crosby, development which would erode the separation and detract from the openness between the settlements is unlikely to be supported. Douglas, Union Mills and Strang (see Maps 3, 4 and 8) Natural Environment Proposal 5 (Green Gap) Between the settlements of and Douglas, Union Mills and Strang, development which would erode the separation and detract from the openness between the settlements is unlikely to be supported. The Upland Environment The Manx Uplands are an iconic part of our landscape and heritage. Reference to the 'sweet mountain air' and 'green hills and rocks' are enshrined in our national anthem and the colours of the heather and gorse are woven into the very fabric of Manx tartan. The hills are a place of great beauty, yet for some they are also a place to work and for others a place to exercise or simply enjoy open space. Our Uplands are also home to plants and animals that whilst familiar to us, are rare and impor tant in a global and European context. Furthermore, the uplands are a rich repository of cultural and archaeological remains, which are sensitive to change and can easily be damaged by inappropriate development. Production of food is an important and obvi ous function of hill land. But surprisingly, the Manx hills provide everyday functions that most people take for granted. Peatlands, which cover most of our hills reduce the impacts of climate change by locking up carbon dioxide, collect and filter our drinking water and slow the passage of rainfall into streams and rivers, thus reducing downstream flood risk. These multiple uses are of great benefit to the economy of the Isle of Man and the well - being of its people. It is important that the hills continue to provide these benefits long into the future. Ensuring sustainable management of such a wide range of uses to the satisfaction of all interested parties whilst retaining functions essential to the well -being of the Isle of Man is of paramount importance. The Isle of Man Government is the owner and landlord for the majority of the Uplands in the East region and is therefore in a position to implement policy which will deliver the optimum range of ecosystem services. Appropriate and positive Upland management such as controlled rotational burning/cutting of heather and low intensity grazing helps to reduce the fuel load of the hill, provides firebreaks and reduces the risk of unplanned wildfires that further protects the biodiversity of the site, but also the vast amounts of carbon locked away in the peat soils. The majority of this work is carried out by The Department of Environment, Food & Agriculture's grazing and shooting tenants. The Manx Uplands are critically important from a habitat and biodiversity perspective. The hills in the East support a significant number of breeding hen harriers; however, other native Upland breeding birds such as curlew and red grouse have suffered severe declines in recent decades and as such are of high conservation concern. Strict control of access and recreational activity on vulnerable soils should be implemented to reduce soil erosion and subsequent carbon loss. Curlew and hen harriers are recognised as an internationally important species, while (within the EU) upland heather moorland is designated as a priority habitat. In order to ensure protection and positive management of the Uplands, the following proposal is appropriate: Environment Proposal 6 Uses of the Uplands that contribute to the management and preservation of this distinctive environment will be supported. Dark Skies On the Isle of Man, 26 Dark Sky Discovery Sites have been identified, of which nine are located in the East. They are classified as Milky Way Sites meaning that at these sites the Milky Way is visible to the naked eye. The sites are accessible and light pollution is limited. The following Dark Sky Discovery Sites are located within the East: • Port Soderick Upper Car Park • Port Soderick Brooghs, Little Ness Car Park • Mount Murray Golf Club • Onchan Park • West Baldwin Reservoir Car Park • Clypse Kerrowdhoo Reservoir Car Park • Conrhenny Car Park • Ballanette Nature Reserve • Axnfell Plantation Natural Environment Proposal 7 Proposals for development in the vicinity of Dark Sky Discovery Sites are to have minimal outdoor lighting and be encouraged to have a design response which is non-intrusive into the darkness of night. Baffling and directionality of lighting must be sensitive to contain any necessary lighting within a subject site only. Watercourses and Wetlands The collection of hills in the East has produced a network of mountain streams which gradually join and widen to become the rivers flowing out into Douglas Bay, Port Groudle a
environmental enhancement
Environment Policy 27: The Department will seek to enhance the natural environment, including sites contaminated by former mine workings, along with other Government Departments, local communities, the private sector and all appropriate agencies in order to ensure the appropriate reclamation, water management, planting of appropriate tree species, the management of special habitats including aquatic habitats and the removal of eyesores. 7.22 Unstable Land 7.22.1 The policy set out below aims to safeguard life and property from ground instability such as landslips and subsidence. Therefore, unless mitigating measures can be taken, development will not be permitted where it would be at risk from unstable land or increase the risk of ground instability elsewhere. 7.22.2 It may be necessary for a developer to undertake a specialist investigation and assessment to identify any remedial measures required to deal with ground instability. It may also be appropriate to carry out monitoring after the development has taken place. Ultimat ely it is the responsibility of the developer to ensure that land is safe and suitable for development. Whilst the Department will try to ensure that a development will not be put at unacceptable risk, the subsequent liability for safe development and sec ure occupancy of a site rests with the developer and / or landowner.
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
The soft landscaping of the site shall be undertaken strictly in accordance with the Proposed Plan (Drawing No. PL500-04), and shall be retained as such thereafter unless changes to the landscaping have been submitted to and approved in writing by the Department. No Wildlife Act 1990 Schedule 8 non-native invasive plant species are to be planted on site.
Condition 3
The bat boxes are to be erected on site as detailed in the Location Plan (Drawing No. 01 Rev A), Bat Box Image, and Description of the proposal, all received 31 August 2023. The boxes/bricks shall be retained thereafter.
Condition 4
No excavated material shall be removed from the site and no fill materials may be brought onto the site.
Condition 5
There shall be no provision on the site of moveable structures, works, plant or machinery (excluding earth moving and excavation vehicles) required temporarily in connection with the development hereby approved unless details (including timescale for removal) have been submitted to and approved in writing by the Department and they are provided in accordance with those approved details. Reason: To protect the environment
Continuation of restoration works rebuilding of gravel bund, re-profiling of the lake edge, new ponds, erection of birdwatching hide
supplements and complements previously approved applications
Creation of three ponds, repair 40m of gravel bund and creation of two gravel islands in existing lake
Installation of a shipping container for storage of tools and equipment during the development of the nature reserve (retrospective)