DEC Officer Report

Applicant: Mr David Andrews Proposal Landscaping of the former quarry works area to provide an information point, seating and viewing area Site Address Manx Birdlife Point Of Ayre Reserve Cranstal Road Bride Isle Of Man IM7 4BS Case Officer : Mr Paul Visigah Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 06.12.2023

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 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. Reason: In the interests of protecting and enhancing the biodiversity of the environment.
• C 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. Reason: In the interests of protecting and enhancing the biodiversity of the environment.
• C 4. No excavated material shall be removed from the site and no fill materials may be brought onto the site.

Reason: For the avoidance of doubt - the works proposed are engineering works to alter the existing landform but do not seek approval to remove material from/import material to the site and so any impacts which may result from that (e.g. highways/traffic) have not been assessed.

• C 5. There shall be no provision on the site of moveable structures, works, plant or machinery 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

This application has been recommended for approval for the following reason. The proposal is not considered to have an adverse impact on the character and appearance of the countryside, and the works would enhance the nature conservation value of the site, thus according with Environment Policies 1, 2, 4 and 27. No material considerations have been identified which would justify refusal.

Plans/Drawings/Information;

This decision relates to the documents and plans submitted 31 August 2023, Additional Information/Correspondence with DEFA Ecosystem Policy Team received 13 October 2023, and Agents Correspondence on Viewing Platform received 5 November 2023.

_______________________________________________________________ Interested Person Status – Additional Persons

None ________________________________________________________________

Officer’s Report

THIS APPLICATION IS REFERRED TO THE COMMITTEE AS IT COULD BE CONSIDERED A DEPARTURE FOR THE PLAN BUT IS RECOMMENDED FOR APPROVAL.

1.0 THE SITE - 1.1 The site is part of an area of a former sand and gravel quarry at the Point of Ayre, situated south west of the lighthouse. Access is available for motor vehicles from the public highway via a rough, wide lane which stops at a secured gate. No public access is currently available and the site is privately owned and managed as a bird sanctuary.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for landscaping of the former quarry works area to provide an information point, seating and viewing area. - 2.2 The works would be carried out on the eastern part of the site, just west of the main access to the broader site area. This area formerly contained the quarry weighbridge and hardstanding. The works would include:

• a. Providing a seating area within an area measuring about 10m in diameter, partly enclosed by low landscaped mounds. This area would have 1m cobbles and bench on the southern side, as well as a 1.2m retaining wall together with 1m cobbles and bench on the northern side. The low mounds would (700 - 900mm high) would be vegetated with thicket (Hawthorn, Blackthorn, and Gorse). 450mm of top soil would cover the site material.
• b. The central meeting space within the centre circle would have stone cairns (1.5 - 2m diameter) at centre with donation box.
• c. Installation of a Bronze plaque (1200mm x 800mm) set into recess in retaining wall on northern side of seating area. This would show Silhouettes/Names of migratory birds.

• d. Creating a 1.5m wide pathway into centre circle of seating area. There would be a wall on each side 1.2m high.
• e. Installing timber stobs (700mm high) along the northern section of the footpath to the seating area to delineate the footpath from the track at the entrance to the meeting place.
• f. Planting ticket vegetation to frame entrance and channel views around the pedestrian paths and seating area.
• g. The existing banks south of the seating area would be graded to an even height. Height would be dropped along section to allow views down to the pools below.
• h. A timber viewing deck with area measuring about 70sqm would be created southwest of the seating area. There would be post and rail fencing (barrier rail) about 1m high around the perimeter of the decking area. A long bench would be installed along the northern edge.
• i. Installing 2 bat boxes, mounted on telegraph poles. Both bat boxes are proposed within the excavated part of the old quarry in the south of the site. The boxes are made bespoke of plywood and measure 1040x600x87mm.
• j. Installation of a signboard at the entrance. This signboard will be applied for separately through the "Express consents (Advertisements)", and as such will not be assessed as part of the current application.

2.3 There would be no changes to the access to the site or the use of the site as it would not change form a nature reserve. The applicants have indicated that this proposal is a continuation of the development of the Area Nature Reserve primarily for the benefit of the wildlife which is supported here and supplements and complements previously approved applications including 22/00377/B. - 2.4 The application is accompanied by a description of the proposal, as well as a Planning Statement.

3.0 PLANNING POLICY - 3.1 Site Specific The site is classed as Area of an area of High Landscape or Coastal Value and Scenic Significance; Nature conservation zone, nature reserves and sits of ecological importance for conservation; and small, oval area identified as an area for surface mineral working (gravel) on the 1982 Development Plan. The site is not within Conservation Area, or Registered tree Area and there are no registered trees on site. The site is largely not prone to flood risks although a small section of the site area is identified as being at risk of flooding. - 3.2 National: STRATEGIC PLAN (2016)

• a. Strategic Policy 4 - development proposals must protect and enhance the nature conservation of designated sites.
• b. General Policy 2 - 'Development Control' considerations.
• c. General Policy 3 - presumption against development outside allocated sites, other than specific exceptions which include, "location-dependent development in connection with the working of minerals" and "buildings or works required for interpretation of the countryside, its wildlife or heritage".
• d. Environment Policy 1 - protection of countryside and its ecology.
• e. Environment Policy 2 - protection of landscape.
• f. Environment Policy 4 - protection of ecology and designated sites/protected species.
• g. Environment Policy 13 - flood risk.
• h. Environment Policy 22 - pollution.
• i. Environment Policy 24 - Environmental Impact Assessment.

• j. Environment Policy 27 - environmental enhancement.
• k. Paragraph 7.21.1 states, "7.21.1 In addition to the need for protection there is also a need to carry out enhancements to the natural environment if a sustainable vision for the Isle of Man is to be achieved … Such opportunities may include former mining areas which have been or are in the process of being reclaimed…".

4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 The site designation as an Area of Special Protection for Birds is noted. - 4.2 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary. - 4.3 The emerging Area Plan for the North and West is noted.

5.0 PLANNING HISTORY - 5.1 The most recent application for the site under PA 22/00377/B was for Continuation of restoration works rebuilding of gravel bund, re-profiling of the lake edge, new ponds, erection of birdwatching hide. This was approved in May 2022, subject to five (5) conditions bordering on the standard four year commencement period, removal and importation of materials, compliance with method statement, submission of details of proposed planting, and provision of moveable structures on the site. - 5.2 PA 21/00929/B, Creation of three ponds, repair 40m of gravel bund and creation of two gravel islands in existing lake, Manx Birdlife Point Of Ayre Reserve was approved on 15.12.2021 for the following reason, "The development is not in a designated site nor is it an exception allowed for by General Policy 3. However, the proposed works would enhance an existing nature conservation site in accordance with Environment Policies 1, 4 and 27 and no material considerations have been identified which would justify refusal". It was approved subject to 6 conditions. - 5.3 PA 21/01208/B, Installation of a shipping container for storage of tools and equipment during the development of the nature reserve (retrospective), Manx Birdlife Point Of Ayre Reserve, Cranstal, Bride was approved, "The development is not in a designated site nor is it an exception allowed for by General Policy 3. However, the proposed works would facilitate wider enhancement of an existing nature conservation site in accordance with Environment Policies 1, - 4 and 27, and no material considerations have been identified which would justify refusal". It was approved subject to 3 conditions (4 years, colour and no hardstandings/foundations).

6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 DOI Highways find the proposal to have no significant negative impact upon highway safety, network functionality and /or parking (22 September 2023). - 6.2 DEFA (Ecosystems Policy) team are content with the information submitted with the application, whilst noting that conditions are not required for the protection of species. They request that a condition for all soft landscaping to be undertaken as per the Proposed Plan Drawing No. PL500-04 (13 October 2023).

- 7.0 ASSESSMENT

7.1 The fundamental issues to consider in the assessment of the application are:

• a. Principle of development (GP3, EP 1, EP2, EP 27, STP 4 and Paragraph 7.21.1);
• b. Ecological Impact (EP 1, 4 and 5);
• c. Other Matters.

- 7.2 THE PRINCIPLE

• 7.2.1 As the site is not designated for development, the main issue in this case is whether the proposal complies with the provisions of General Policy 3 and if not, whether there are any material considerations which would justify a departure from the policy which presumes against development in the countryside.
• 7.2.2 General Policy 3 sets out the exceptions to the presumption against development in the countryside and the pertinent section which may give rise to support for this application is GP3 (h) which deals with buildings or works required for interpretation of the countryside, its wildlife or heritage. In the case of the current scheme, no buildings would be introduced on site, although some works would be required to create the seating area and viewing platform, integrated with alterations to site profile and landscaping of such areas.
• 7.2.3 Whilst all the works proposed may not fit the exception under part (h) of General Policy

3, the majority of the works would facilitate the interpretation of the countryside, its wildlife or heritage, particularly this part of the island known for its bird sanctuaries. It is also vital in this consideration that regard is given to the fact that the site is currently managed as a nature conservation site with works underway to further improve and preserve its nature conservation credentials.

• 7.2.4 Overall, it is considered that whilst some of the works may not be specifically allowed for by General Policy 3, they accord with the environmental aspirations of the plan, the Biodiversity Strategy and are specifically allowed for in Environment Policy 27/paragraph 7.21.1. Thus, the broad principle of the proposed development would be acceptable, and the proposals within the scheme would not be unsuitable for the site or the wider rural area.

- 7.3 ECOLOGICAL IMPACT

• 7.3.1 In some exceptional cases the countryside may be able to accommodate low impact uses which provide the opportunity for members of the public to experience the Island without adversely affecting its character. In the case of the current scheme, it is not considered that the scale and nature of the proposed works would result in significant adverse impacts on the site ecology and biodiversity.
• 7.3.2 Additionally, the comments from DEFA Ecosystem Policy Team are noted and relied upon. In this case, they confirm that they are content with the description of the Area to be Developed and Ecological Impacts document, submitted by Manx BirdLife. They also note that conditions are required for the protection of species as such no conditions would be imposed for protection of species. However, given the nature of the proposals and the amount of landscaping proposed, a condition would be attached to ensure that all soft landscaping is undertaken as per the Proposed Plan (Drawing No. PL500-04).

- 7.4 OTHER MATTERS

• 7.4.1 No other concerns are identified which would justify refusal in terms of other environmental impacts such as water contamination, disturbance of soil structure or erosion of soils.
• 7.4.2 There are also no concerns with flooding as the work area is without the areas prone to flooding on site.

- 8.0 CONCLUSION

8.1 The development is not in a designated site nor does all the works proposed fall as exceptions allowed for by General Policy 3. However, the proposed works would enhance an existing nature conservation site in accordance with Environment Policies 1, 4 and 27 and no material considerations have been identified which would justify refusal.

- 9.0 INTERESTED PERSON STATUS

9.1 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.

9.2 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.

9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : …Permitted……….... Committee Meeting Date:…18.12.2023

Signed :…………P VISIGAH ……….. Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

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.

PLANNING COMMITTEE DECISION 18.12.2023 PA No 23/01038/B Applicant Mr David Andrews Proposal Landscaping of the former quarry works area to provide an information point, seating and viewing area Site Address Manx Birdlife Point Of Ayre Reserve Cranstal Road Bride Isle Of Man IM7 4BS Planning Officer Mr Paul Visigah Presenting Officer As above Addendum to the Officer Report

The Planning Committee considered the application at its meeting on 18 December 2023 and agreed with the recommendation to approve the application subject to the officer's amendment to Condition 5.

The amended Condition 5 shall read:

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