Officer Report

Application No.: 15/00602/B Applicant: Langness Properties Ltd Proposal: Landscaping works involving a three metre high berm along golf course edge adjacent to Hotel and former swimming pool and a three to five metre high berm on opposite side of fairway Site Address: 18th Green And Fairway Castletown Golf Links Fort Island Castletown Isle of Man IM9 1UA Case Officer : Miss S E Corlett Photo Taken: 18.02.2016 Site Visit: 18.02.2016 Expected Decision Level: Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE NATURE OF THE PROPOSALS

THE APPLICATION SITE

1.1 The application site is a parcel of land along the side of the green and fairway of the 18th hole of Castletown Golf Links course. The golf course is located on the Langness peninsula the northern point of which is St. Michael's Isle or Fort Island, which accommodates a number of archaeologically important features. Fort Island is reached via a narrow walled permanent roadway from the roadway which leads from Derbyhaven, in front of the former Castletown Golf Links Hotel and car park. To the north west of the application site is the Castletown Golf Links Hotel, no longer operating or occupied. Associated with the hotel is the former swimming pool which lies to the east of the hotel building. This is a rectangular flat roofed concrete building which is also unused. Not all of the Langness peninsula is used as golf course, the southern part being privately owned although containing a number of rights of way and footpaths. - 1.2 The 18th green of the Castletown Golf Links course sits to the south east of the former hotel and to the south west of the former swimming pool with no physical demarcation between the two land ownerships or uses. Castletown Golf links is a well-established golf course and is within the top 100 links courses in Great Britain & Ireland; top 1000 in the world. The original Castletown Club was formed in 1892 and holes were laid out on the present site in the early 1900's by Old Tom Morris, widely regarded as the modern pioneer of golf. Following the Second World War, the course was redesigned and restored by architect, Mackenzie Ross, and it is that course which is in play today. Links courses are the oldest style of golf course, first developed in Britain, and refers to an area of coastal sand dunes and sometimes to open parkland. Links courses tend to be on, or at least very near to, a coast, and the term is typically associated with coastal courses, often amid dunes, with few water hazards and few, if any, trees. - 1.3 The golf clubhouse sits immediately west of the former hotel: there are approved plans for its replacement (PA 12/00443/B) as well as approved plans for a temporary building to be used pending the construction of the new clubhouse (PA 12/00862/B).

1.4 The ground around the clubhouse, hotel and swimming pool has been altered to provide for hard surfacing in the form of access ways and car parking. A vehicular road runs in front of the former hotel and leads to a grasscrete car parking area on St. Michael's Isle which accommodates a number of Scheduled Ancient Monuments - Round Fort, Fort Island itself, St. Michael's Chapel and nearby is Hango Broogh Promontory Fort, the latter of which lies within the application site. - 1.5 The area generally attracts visitors, both to Fort Island and to the Langness Peninsular which accommodates a number of footpaths which skirt the coast and cross the golf course The Island Footpath Map shows the path around the northern part of the peninsula where the golf course is located as paths within plantations with owner's consent. The peninsula and part of the eastern bay are designated as an Area of Special Scientific Interest, adopted in 2001 recognised due to the flora and fauna found within the area. THE PROPOSAL

2.1 Retrospective planning approval is sought for works around the 18th green of the golf course with a 3 metre high berm proposed along the golf course edge adjacent to the Golf Links Hotel and former swimming pool and a 3 to 4 metre high berm on the other side of the fairway immediately alongside the former swimming pool structure. - 2.2 Additional work has also been undertaken but is not specified as being proposed on the application. This involves the removal of an area of scrub up to 24m wide to the south east of the fairway and the introduction of a berm up to 4m high between the former fairway and the coast and the introduction of three new round bunkers in this newly cleared area.

3.0 PLANNING HISTORY - 3.1 The application site has not been the subject of any previous planning applications that are considered materially relevant to the assessment of this current planning application.

4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site lies within an area zoned as a bird sanctuary within a confirmed Area of Special Scientific Interest under the Area Plan for the South 2013. The written statement states:

E11 Langness states: "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.

The key views are: Panoramic, open views across surrounding, ever changing seascape, from several points along the peninsula, in particular from Dreswick Point (at southernmost tip). Dramatic views northwards from St. Michael's Island, along the north eastern shore. Open Views across Castletown Bay to the west."

3.23 Implications of the Landscape Character Assessment

• ii) In terms of Langness, to resist any development that would detract from the unspoilt character and appearance of the rugged coast or from the sense of openness in the area.
• iii) Protection of the tranquil, rural character of the area with its open views.
• iv) Sensitive location of new buildings and the use of screen planting.

4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains six policies that are considered materially relevant to the assessment of this current planning application:

• i) General Policy 2: "Development which is in accordance with the land use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the space 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;
• e) does not affect adversely public views of the sea;
• f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• g) does not affect adversely the amenity of local residents or the character of the locality and k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan."

• ii) General Policy 3 states: "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, historical, or social value and interest (Housing Policy 11)
• c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental 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-dependant 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."

• iii) 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."
• iv) Environment Policy 4 states: "Development will not be permitted which would adversely affect:

• a) species and habitats of international importance:

i) protected species or international importance or their habitats; or ii) proposed or designated Ramsar or Emerald Sites or other internationally important sites.

• b) species and habitats or national importance:

• i) protected species of national importance or their habitats;
• ii) proposed or designated National Nature Reserves , or Areas of Special Scientific Interest; or
• iii) Marine Nature Reserves; or
• iv) National Trust Land.

• c) species and habitats or local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats. Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."

• v) Environment Policy 5 states: "In exceptional circumstances where development is allowed which could adversely affect a site recognised under Environmental Policy 4, conditions will be imposed and/or Planning Agreements sought to:

• (a) Minimise disturbance;
• (b) Conserve and manage its ecological interest as far as possible; and
• (c) Where damage is unavoidable, provide new or replacement habitats so that the loss to the total ecological resource is mitigated."

• vi) Environment Policy 40 states: "Development will not be permitted which would damage, disturb or detract form an important archaeological site or an Ancient Monument or the setting thereof."

- 5.0 REPRESENTATIONS

5.1 Malew Parish Commissioners object to the planning application on the grounds that they believe the proposal will spoil the character of the Area of Special Scientific Interest, particularly in relation to the height of the berms as viewed from land adjacent to the golf course (05/06/2015). - 5.2 The owner of the former Castletown Golf Links Hotel, in a letter dated 24th June 2015, object to the planning application for the following reasons:

• - The application site includes land that is not within the ownership of the applicant;
• - No reference has been made regarding the widening of the 18th fairway by removing a significant area of natural scrubland and excavating bunker areas. The application fails to indicate that these engineering works, along with the creation of the central bund, which is also not shown in full on the site plan, are retrospective;
• - The application fails to provide sufficient detail in respect of the bund which is proposed to be erected alongside the Golf Links Hotel, with no section drawing being provided and no CGI views. Consequently it is not possible to assess the full impact of the proposal or determine to what extent the proposal will achieve its objective of screening the hotel;
• - Some works proposed are not referred to in the description of proposed development;
• - The proposed bunds will in themselves have a negative impact upon sensitive views in the area. Views of St Michaels Isle and its surrounding area taken from lower land may well be adversely affected. There is no section drawing or CGI view relating to the Hotel Building, but it is reasonable to assume that the level of screening provided by the proposed bund would be limited because of its size in relation to the existing building;
• - The works, with the potential to cause significant damage to a sensitive ecological area have not been the subject of formal consultation through the planning process; and
• - The creation of a bund so close to the Hotel building as proposed will have an adverse impact upon outlook from either the existing building or a replacement structure, and may well restrict light to windows at the lower levels.

5.3 Following the submission of amended plans, the owners of the former Castletown Golf Links Hotel comment that whilst the plans addresses their concerns about the accuracy of the defined site

• and the position of one of the bunds, their other concerns remain unresolved. They maintain that the application is not specific about the retrospective nature of the widening of the 18th fairway and there are still insufficient details of the proposed bund which is intended to be created alongside the hotel building and no CGI views northward towards that part of the bund. Insofar as they are able to comment from the information provided, the proposed bunds will have a negative impact upon the sensitive views in the area, particularly views of St. Michael's Isle from positions lower than the CGIs were prepared. They refer to the comments of Manx National Heritage and Malew Parish Commissioners who comment negatively on some aspects of the proposal. They also have concerns that the works may have adversely affected areas of ecological interest relating to the Langness, Sandwick and Derbyhaven ASSI. Finally, they maintain their concern that the bunds may have an adverse impact on the outlook from any redeveloped hotel on the adjacent site (28.01.16).
• 5.4 Manx National Heritage (MNH), in a letter dated 26th June 2015, raise concerns regarding views of the golf course from Fort Island and Manx National Heritage have some difficulty in deciding with any certainty whether the berms would intrude upon the skyline. With regards to the ASSI, MNH is comfortable with DEFA's decision on the measures required to protect the Areas of Special Scientific Interest and other designations (ASSI) which have been reached after negotiation over the practicalities of the required constraints. In conclusion, MNH is concerned about the visual impact of the berms proposed but is content to defer to DEFA in the matter of minimising damage to the ASSI.

5.4 Highway Services indicate that there are no highway implications (21.01.2016). - 6.0 CONSULTATIONS

6.1 In light of the representations received regarding the impact of the development upon the ASSI, it was felt necessary to contact Department of Environment, Food and Agriculture Wildlife Division for their comments regarding the development. In an email dated 6th August 2015, Department of Environment, Food and Agriculture states:

"DEFA has been fully involved with regard to the effects on the ASSI and we have provided consent for the 18th fairway work, stated boundaries to protect important areas and agreed some compensatory habitat management further south. ASSI consent was provided after long discussions about what was necessary/desirable/acceptable, and which achieved the protection of the habitats of greatest wildlife interest (along the coastal edge). There is a colony of lesser mottled grasshoppers (a protected species) adjacent to the 18th green, which should remain unaffected. The area lost to the 18th fairway works was rough grassland mostly covered by gorse which seemed puzzlingly lacking in interest, on quite a dark soil, like a poor semi-improved field, with sorrel amongst a mostly grass cover (excluding the scrub). As a mitigation measure we have achieved grazing and scrub control adjacent to the southern end of the course with potential benefits for grasshoppers, choughs and wildflowers.

The other aspect, the proposed boundary banks, have not been started but have been intended for some time. I believe that there was a previous planning application covering this element. We provided consent for these banks alone, in January 2013, to use soil from Braddan and turf from the Langness practice field. This consent has expired but we wouldn't be likely to change our view on allowing consent unless the proposals were significantly different or the interest there had changed. The area affected is very rank grassland. The interesting area is the heathland to the east of the 18th green and the lesser mottled grasshoppers are found around the outcrop there and must not be affected by any works.

I am content about this proposal, which resulted from long discussions and which must be managed within the ASSI consent conditions, in addition to any planning constraints. We have regular discussions with the golf course management because they are developing many elements, piece by piece, and we recognise their wish to improve the course, whilst at the same time guiding this

within boundaries that are acceptable to us, in order to maintain the special wildlife interest of the site."

- 7.0 ASSESSMENT

7.1 Langness is a tombolo (a deposition landform in which an island is attached to the mainland by a narrow piece of land such as a spit or bar), a unique feature on the Island, and has a number of rare habitats above and below the water. Langness has been designated as an ASSI under the Wildlife Act 1990 for protected species, salt marsh, intertidal and coastal habitats and important geological exposures on Langness and as such it is imperative that any development is not only acceptable in visual terms but also does not adversely affect the ecological interest and value of the area. Finally, it is also important that the development does not adversely affect the legitimate operation or future operation of sites alongside.

7.3 As outlined under paragraph 6 of this report, the Senior Biodiversity Officer was contacted for his comments regarding the land use designation and the impact of the development upon the area and they indicate that the works which are proposed and which have been undertaken do not represent harm to the ecological interest and value of the site. As such, this element of the application is considered to be acceptable. - 7.4 Langness and Fort Island are very popular destinations for leisure purposes and for sightseeing and therefore it is imperative that any development does not result in a detrimental visual impact that would harm the amenity of the area. The view of the golf course from Fort Island is somewhat marred by the current appearance of the hotel and swimming pool which are both striking features in the landscape and are currently in a state of obvious abandonment and dereliction. Beyond this, the golf course is apparent as such with areas of mown grass within an otherwise very undulating landscape of mounds and tufts. In this respect, the mounding which has been undertaken in the centre of the fairway is not out of keeping with the remainder of the landform and is not considered objectionable from this perspective. The two proposed mounds however, due to their position at the edge of the course, would introduce a very contrived element at the edge of an area which mostly naturally just falls away into the rocks and shoreline. Whilst from the golf course the mound alongside the swimming pool would hide the current structure, from other viewpoints, from Fort Island and from the roadway to it, it would simply look like a contrived mound and quite out of place. - 7.5 From within the golf course itself, the mounding which has taken place within the 18th fairway looks clearly manmade and out of place within the otherwise open area. - 7.6 From the hotel site the mounding which has been undertaken on the fairway is a little distance away and is not considered to overly intrude or otherwise adversely affect the outlook either from the site. The proposed mounding alongside the hotel, however, would significantly impair the outlook from and light to the building, particularly as the building is set lower than the level of the golf course at this point. - 7.7 Whilst it is understandable that the operators of the golf course are not happy at the condition of the hotel and swimming pool sites, the proposed features introduced to hide them would themselves be out of keeping visually and have a negative impact on the character and appearance of the area as well as seriously impair the amenities of the hotel site. Whilst the current condition of the hotel and swimming pool sites is regrettable, the site is designated for hotel use and the owner is in discussion with various arms of Government to pursue the redevelopment of the site. Rather than the introduction of the mounding as proposed, which is considered intrusive, the applicant is encouraged to liaise with the owner of the adjacent site to formulate a more publicly acceptable way of improving the view of the buildings which does not hinder its redevelopment potential. PARTY STATUS

7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, in this case Department of Infrastructure Highway Services and Manx National Heritage and (e) The local authority in whose district the land the subject of the application is situated.

DEFA Wildlife Division is part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.

In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.

In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:

the owners of the Castletown Golf Links site

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Refused

Date of Recommendation: 18.02.2016

• R 1. The introduction of man-made mounding as proposed and as has been introduced on the 18th fairway would have a detrimental impact on the visual character and appearance of the area, contrary to General Policy 2, Environment Policies 1 and 40.
• R 2. The introduction of the mounding alongside the hotel and swimming pool buildings would seriously impair the outlook and amenities of these sites and have a detrimental impact on the ability to redevelop them, which would in turn have an adverse impact on the wider area, were the sites to remain in their current condition.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : Refused Committee Meeting Date: 29.02.2016

Signed : S E Corlett 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

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