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Application No.: 19/00380/B Applicant: Department Of Infrastructure Proposal: Creation of a replacement slipway Site Address: Slipway, Airport Road Castletown Isle Of Man Principal Planner: Miss S E Corlett Photo Taken: 04.05.2019 Site Visit: 04.05.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 28.04.2020 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
Reason: to ensure that the development accords with Enviornment Policy 4 of the Strategic Plan.
N 1. The applicant is recommended to carefully collect existing beach stones from the site of the new slipway and their use in the removal of the existing slipway to ensure that any marine life which has attached itself to these stones are affected as little as possible by the proposed works.
Plans/Drawings/Information; This decision relates to drawing 101 received on 28th March, 2019. _______________________________________________________________
Additional Persons
It is recommended that the owners of the following properties should not be afforded Interested Person Status as the submissions fail to demonstrate how the proposed works would impact the lawful use of land owned or occupied by them in relation to the relevant issues identified in paragraph 2C of the Department's Operational Policy on Interested Person Status 2018 and are not mentioned in Article 6(4).
The occupants of Flat 4 Marine Court Apartments Derbyhaven and Whitburn Shore Road Castletown
_____________________________________________________________________________ Officer’s Report THE SITE
1.1 The site is a parcel of land situated on the southern side of Derbyhaven Road. The site incorporates a concrete slipway which runs at an angle, in a southwesterly direction for a length of around 10m. - 1.2 The shoreline at this point is storey with some ares of shingle/sand with marine vegetation growing at the upper levels alongside the road. there was some standing water at the time of the site visit with vegetation growing within it. THE PROPOSAL
2.1 Proposed is the replacement of the existing slipway with a longer one which fans out 110 degrees and will be moved 20m further west. The existing slipway will be removed. - 2.2 The applicant explains that the slipway is used by the emergency services and that they are concerned of the deteriorated condition of the existing slipway such that they are using another one which is less suitable. They explain that they are aware of the adjacent ASSI and have designed the slipway with this in mind, in consultation with DEFA, with a mind to reducing the area of the slipway but positioning it in the most appropriate place for its use. It was agreed not to use the site of the existing slipway as this is closer to a important area of saltmarsh. - 2.3 Further information has been submitted (Pre tender Risk Assessment). This explains how the works will be undertaken. PLANNING POLICY
3.1 The site is within an area not designated for a particular purpose on the Area Plan for the South (2013). It also falls within an area designated on the Landscape Character Appraisal as Rugged Coast and as part of a designated Wildlife Site, an ASSI, a bird sanctuary and a draft area of ecological importance. - 3.2 The following policies and proposals are therefore important: Area Plan for the South
The overall strategy is to conserve the character, quality and distinctiveness of the coastal area with its rich ecological habitats, open and expansive panoramic views, and to conserve the tranquil and rugged character of the area with its numerous sites of archaeological importance, such as the former mines and former smelt mines. Key Views Panoramic, open views across surrounding, ever-changing seascape, from several points along the peninsula, in particular from Dreswick Point (at the southernmost tip). Dramatic views northwards from St. Michael's Island, along the north eastern shore. Open views across Castletown Bay to the west.
g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative.
4.1 The site has not been the subject of any previous applications.
5.2 Highway Services consider that there will be highway benefits from the proposal and do not object (12.04.19). - 5.3 DEFA Ecosystems Policy Office seek further information in respect of working methods, relating to the status of the site as part of an ASSI which reaches as high as the highest astronomical tide (01.05.19). Following the submission of further information and a meeting in December, 2019, Ecosystems revise their position and no longer object subject to the contractors providing a more detailed working method statement which must be adhered to throughout the project, noting that ASSI consent and MNR permit will be required for these works (17.03.20). - 5.4 DEFA Fisheries Directorate ask for a form to be completed relating to working within 9m of a watercourse (10.05.19). Local residents - 5.5 A resident of Derbyhaven, Flat, 4, Marine Court, expresses concern at the potential damage to sensitive ecology, mentioning ringed plover nests and the timing of the works which should avoid 1st October to 30th April (wildfowl roosting) and bird breeding season and thus the window of opportunity for these works is between 1st May and 30th September (the precautionary principle under the Biodiversity Strategy) and she would object to work being undertaken at any other time (29.04.19). - 5.6 The owner of Whitburn, Shore Road is disappointed that the starting date is 1st April not 1st May as there is a significant difference in the wintering wetland bird presence in between those dates. Last year 80 pale belllied Brent geese were redocred in the bay on 30th March and the last Brent goose record was 21st April. They ask whether the beach stones to be removed at the new location can be retained kept on the beach and used where the old slipway was so that marine life attached to the stones can not be too affected. They hope that more information will be provided about the ecological importance of the area. They see no reference to significant habitats along the shore line - salt marsh, strand line and what wildlife might be at risk including plants, invertebrates and birds. They refer to pollution by concrete and wonders whether this include the marine habitats in which the work will take place and comment that it would be helpful to know what conditions DEFA places on the consent and permit and whether they will be put on the website too. Finally, they hope that an experienced and well qualified ecological clerk of works is available for this important contract (19.02.20).
6.1 The proposed new slipway will have little impact in terms of visual change or level of impact as it is to replace an existing, similar feature not too far away. There will, however, be an impact on ecology which is particularly important in this case as the site lies within an ASSI and a Marine Nature Reserve. Also it is important to remember that additional consent under different regulations (ASSI, MNR) which is overseen by the Department with responsibility for ecology. Planning conditions should not duplicate controls vested in other legislation which undermines the need for the condition in the first instance. Similarly, whilst others with an interest in ecological matters may find it useful and interesting to be able to see the conditions and controls imposed by other authorities, it is not appropriate to require information to be submitted (which would then be publicly available) simply so that others may be able to see it if the legislation which more properly requires this information, isn't open to public consultation or information.
6.2 DEFA Ecosystems Policy Office are content with the application, confident that they can tie up requirements for the method statement, including the timing of work, into the ASSI
consent. They do however request a condition on approval for a suitably qualified Ecological Clerk of Works (ECoW) to be contracted for the duration of the development. The ECoW will be responsible for providing: a preconstruction survey of the local area; regular monitoring and ongoing advice during the works; and construction method checks to ensure that marine environment pollution is avoided. subject to appropriate control which can be exercised through the ASSI consent system. Much of the important considerations relate to how works will be done which is often impractical to effectively enforce. Enforcement through the planning system can also take time to effect whereas other legislation can often resolve an issue more quickly and effectively. As such, whilst a condition has been requested to request further details prior to works commencing, in practical terms, this could be controlled via the ASSI licence rather than a planning condition which would involve seeking the advice of DEFA Ecosystems Policy Office before determining the satisfaction of the condition.
7.1 The works will enable a safer and more convenient access for those needing to get access to the bay from the roadway and there is sufficient evidence from the responses from DEFA Ecosystems Policy Office that the works can be done without adversely affecting ecology, subject to the exercise of the controls available under the ASSI and MNR regulations and licensing. A condition should be imposed which requires the appointment of an ECoW and a note to encourage the careful relocation of beach stones from the site of the new slipway to that of the existing one to minimise harm to marine life which may have attached itself to the stones. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:
8.2 The decision maker must determine:
8.3 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 a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 29.04.2020 Determining officer Signed : C BALMER
Chris Balmer Principal Planner
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