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Application No.: 18/01269/B Applicant: Langness Golf Course Ltd Proposal: Erection of building to act as Bird Hide and Wildlife Education Centre, with associated parking and access works Site Address: Land Off Langness Road Opposite Field 433209 Langness Road Castletown Isle Of Man Planning Officer: Miss Lucy Kinrade Photo Taken: 06.03.2019 Site Visit: 06.03.2019 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 30.09.2019 _________________________________________________________________
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: The countryside is protected from development and an exception is being made on the basis that the use is in accordance with the GP3 (h), and the building must be used for the purposes for which it is approved. Any other use would need to be considered as part of a separate planning application.
information regarding the handling or importation of any turf or other minerals or materials to the site. The details must also include construction exclusion zones and any other protection measures to be implemented on site during the carrying out of the approved development. The works shall not be carried out unless in accordance with the approved details.
Reason: To ensure the satisfactory preservation of the ASSI.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
The approval relates to drawing numbers P01 and P02, 6 page Brief Planning Statement and an Ecological Impact Assessment all date stamped and received 29/11/2019, an email from the agent dated 06/12/2018 and additional information from the Ecological Impact Assessment date stamped and received 14/01/2019.
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
It is recommended that the following organisation should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4) as they do not own or occupy property that is within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy and they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Department's Operational Policy on Interested Person Status (July 2018):
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE OFFICER IS RECOMMENDING APPROVAL AND THE LOCAL AUTHORITY HAS MADE WRITTEN REPRESENTATIONS OBJECTING TO THE APPLICATION.
1.0 THE APPLICATION SITE - 1.1 Langness is a boot shaped peninsula that protrudes from the south east coast of the Isle of Man just a short distance south of Derbyhaven and around 2km from the centre of Castletown. Towards the northern end of Langness and nearest Fort Island Road is an existing golf course (Castletown Golf Links) and St Michaels Isle, to the southern end stands Herring Tower beyond which the peninsula kicks down to a point where sits Langness lighthouse and cottages all access via a minor public highway (D74) which traces along the western coast.
1.2 Langness is designated as an Area of Special Scientific Interest (ASSI) and also as a wild bird sanctuary. - 1.3 The application site of this application forms a small parcel of land located along the western coast of Langness and situated part way between the junction of Fort Island Road and The Herring Tower car park.
2.0 PROPOSAL - 2.1 The application proposes the erection of a building to be used as a wildlife education facility and bird hide. - 2.2 The proposed earth mounded building is to be situated on a small out jut of land just west of the road and facing predominantly north-west over the foreshore and towards Derbyhaven and Castletown.
2.2 The proposed building is shaped somewhat like a stingray, with the earth mound sloping upwards from the south and terminating at the northern most 2.8m high principle elevation which is to comprise a central body of glazing with 180 degree views over the coast and to be clad predominantly in stone and finished with timber boarding detailing. - 2.3 Access into the building will be through a cut section of earth at the rear southern side, this entrance walling will similarly be clad in stone and finished with timber detailing and doors. - 2.4 The single storey building is to cover a total floor area of around 60sq m, about 15 sq m of which if to be used for general storage due to the lower levels of the roof due to the sloping nature of the building's design. - 2.5 Access to the proposed wildlife facility is to be via a 1.5m wide path that winds through an existing area of grassed and scrub land. This path is to be formed with ground protection matting in filled with shingle and gravel. Around 36m south-east of the building as the crow flies on an area of grassed land abutting the west of the small public highway is to be a proposed drop off and parking space for disabled use. This area is to be installed with reinforced matting above the existing ground and installed with posts to define extents of the area. - 2.6 A further 22m south again is to be an additional 8 parking spaces proposed abutting the eastern side of the road and formed from cutting back existing scrub land, on the adjacent side if to be a small cut back area to provide space to manoeuvre in and out of these spaces. The area is to be finished with reinforced matting laid over the exiting ground and the extents of the parking and manoeuvring area to be posted preventing movement of vehicles over the adjacent land. - 2.7 Drawings for the application outline areas where protective fencing and ground protection is to be installed around the proposed site. The application has been submitted with an Ecological Impact Assessment (EcIA). - 2.8 The agent/applicant requested a deferral on the application dated 03/06/2019 to allow time for an entomological survey to be carried out at the site. It was confirmed 15/08/2019 that they were unable to do this survey and requested that the application progress to a determination without this information.
3.1 There have been a number of applications submitted across various locations of Langness, most of these relate to existing buildings such as the existing lighthouse and cottages and the old Castletown Golf Links building. There have been no applications considered specially material or relevant in the case of this application.
4.0 PLANNING POLICY - 4.1 The site lies within an area designated on the Area Plan for the South 2013 as being;
4.2 Due to the nature of the development and the land zoning it is relevant to consider the following paragraphs and polices from the Area Plan for the South 2013: - 4.3 Langness (E11):
"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"
4.3 Paragraphs 3.23 - Implications of the Landscape Character Assessment:
"i. To protect and enhance the identity of Ballasalla by conserving the rural character of the adjacent landscape.
"…the lesser mottled grasshopper is found at Langness, the only known site in the British Isles. Langness is a 'tombolo', a unique feature on the Island, and has a number of rare habitats above and below the water. There, the most important roost of wading birds on the Isle of Man can be found and possibly the best area of saltmarsh. Waterfowl are relatively abundant around the southeast coast and inland there are small areas of reedbeds, which are a rare habitat on the Isle of Man…"
"There are, within the Plan Area, four Areas of Special Scientific Interest (ASSI) which have been designated as such under the Wildlife Act 1990:
"There are three identified Important Bird Areas in the South, these being the Isle of Man Sea Cliffs, The Calf of Man, and the Isle of Man Hills. There are also 2 Bird Sanctuaries; at Langness, Derbyhaven and Fort Island, and at Ballamodha. The Southern Coasts and Calf of Man have been recommended for designation as a Ramsar Site of International Importance."
4.8 Landscape Proposal 22 states:
"The design of any new or replacement buildings on Langness should be such as not to increase significantly their landscape impact and should be so designed as to respect the location of, and facilitate public access to, the promontory fort on Langness known as Hango Broogh."
4.9 The following policies from the Isle of Man Strategic Plan 2016 are also considered relevant in the assessment of the application: - 4.10 General Policy 3 states (in part):
"Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
4.11 Environment Policy 4: "Development will not be permitted which would adversely affect:
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."
4.12 Environment Policy 5:
"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:
4.13 Environment Policy 22:
"Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:
4.14 Environment Policy 40:
"Development will not be permitted which would damage, disturb or detract from an important archaeological site or an Ancient Monument or the setting thereof."
4.15 Environment Policy 41:
"The Department will require that archaeological evaluations be submitted prior to the determination of proposals affecting sites of known or potential archaeological significance. In cases where remains are affected but preservation in-situ is not merited, the Department will expect to secure excavations and/or recording in advance of construction work either by the imposition of suitable conditions attached to a planning permission or through a formal agreement entered into with the developer."
4.16 General Policy 2 states:
"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:
4.17 Transport Policy 7:
"The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
Copies of representations received can be viewed on the government's website. This report contains summaries only.
CONSULTEES
5.3 DOI Highway Services - DNOC - Do not Oppose Subject to Condition (04/02/2019)
5.7 A representative of Manx Bird Life - SUPPORT (17/01/2019)
5.8 Secretary of Manx Ornithological Society (MOS) - SUPPORT (22/01/2019) - 5.8.1 Langness is one of the most important bird watching sites in the IOM with no facilities for bird watchers. The facility will be of great benefit to attract the next generation of bird watchers and improve the understanding of our important biodiversity (likely used by schools and youth groups).
5.9 The owners of Balladoyle, Fort Island Road, Derbyhaven - SUPPORT (24/01/2019)
5.10 The owner of Thie Yuan, Fistard, Port St Mary - SUPPORT & COMMENTS (11/02/2019)
5.11 A representative of Langness Holiday Cottages - COMMENTS (14/01/2019)
5.12 The owner of 30 Cronk View Crescent, Ballakilley, Colby - OBJECT (07/03/2019)
5.13 A representation of the Cedas Foundation - OBJECT (29/01/2019)
5.14 The owner of Ronaldsburn, Derbyhaven - OBJECT (28/01/2019)
5.15 The owner of 79 Malew Street, Castletown - OBJECT (12/02/2019)
6.1 The current proposal raises a number of issues which need consideration, these are:-
6.2 Although the land is not designated for development, the proposal is considered to comply with part (h) of General Policy 3 which sets out exceptions to development including "buildings or works required for interpretation of the countryside, its wildlife or heritage". The proposal is for a bird hide and wildlife education facility for the interpretation of the wildlife and heritage at Langness and therefore its development in principle is considered acceptable and to meet the specific exceptions set out in GP3(h).
6.3 Langness has a vast open coastal landscape across which extensive views can be achieved; the peninsular comprises large open areas of grassland, including a golf course in the northern parts, various plant and vegetation species, general scrubland, large areas of saltmarsh intertwined with rocky shores.
6.4 The current proposal does not seek to introduce any new wildlife habitats, but to construct a facility to help boost the education and knowledge of what wildlife habitats already exist. The facility comprises two key elements, the building and the parking/access area. Building - 6.5 The site of the building is partway along the western coast and adjacent to the existing public highway on a small out jut of land which is only accessible on foot via a small footpath. The proposed building itself has been designed as such to best replicate an earth mound which is expected to merge and integrate with its immediate surroundings not only in helping to limit the visual impact from a public perspective but also in seeking to minimise impact on local habits and wildlife. The earth topped building will comprise elements of stone, timber and glazing across the principle north facing elevation, while these may be visible from public view it's likely that this will be limited to acute angles or from a distance and minded of the relatively small area which they cover is not considered to be unreasonable or to result in an unacceptable impact. - 6.6 The north facing orientation of the principle glazed elevation will likely limit any excessive or detrimental impacts of glare, and on bright sunny days the shimmer from the surrounding water is likely be more prevalent. The two proposed sun tubes on the roof are likely to be exposed to greater levels of direct sunlight and could be more visible in the surrounding environment, however once established the earth mound and its planting will likely limit this impact and given their reasonably small size and there only being two it's not expected to be so adverse as to cause concern on the wider landscape or refusal in this respect. Parking and Access - 6.7 The second element of the proposal is the parking and access areas sited either side of the highway and on existing open grassed/scrub areas, the area nearest the facility is for drop off and for one disabled parking space only, further south on the adjacent side is to be 8 designated spaces cut into existing scrub and with banks scrubland surrounding them. It would be reasonable to say that these parking areas are only likely to be visible when in use and cars are parked in them. In the most part the surrounding banks provide a backdrop and limit any breaks in the skyline, and due to the winding nature of the road it's likely that views will only be achievable when passing immediately along the highway. Concern has been expressed with regard to the creation of more parking areas, although it could be argued that the creation of a specific parking area in this location may help to limit the sporadic parking of vehicles along the roadside verges and on any grassland in the immediate area and in helping to limit impact on the ASSI and habitats.
6.8 Environment Policy 4 and 5 recognise the importance of protecting areas of special and ecological significance, and that development will not be permitted which would result in an adverse effect of its significance unless suitable conditions could be imposed which would safeguard a minimised disturbance, conserve and manage its ecological importance as far as possible and if necessary provide new or replacement habitats to mitigate loss. - 6.9 In terms of the latter two parts, the design of the hide facility with an earth topped roof will provide a continued area of habitat and is not considered to require compensation, and a future maintenance plan could be requested by a suitably worded condition. However, where the assessment and consideration of conditions becomes a little unclear and more difficult to consider is in the minimising of disturbance. - 6.10 DEFA Ecosystem/Biodiversity state in comments 14/02/2019 that they are agreeable to the principle of the proposed facility so long as the effects can be minimised. While they are content with the suggested timing of the works being outside of nesting season, there is
6.13 There are no restrictions to the use of the existing public highway and Langness is a popular destination and is frequented often by the general public. The proposed hide will undoubtedly introduce a new facility to the area with a number of expected visitor, the comings and goings of which are likely to be difficult to identify against those members of the public already visiting the area. The highway is single track although there are some passing places available. The facility is to be provided with an area of designated parking spaces which DOI have considered to be acceptable with overspill parking likely to be accommodated in the car park further south of the site. The provision of such parking areas is expected to limit the demand for parking on the road which would obstruct the highway. Any increase in traffic as a result of the proposal is not expected to be so detrimental or adverse beyond that of the existing situation at Langness as to warrant a concern or refusal. Any approval should be accompanied with a condition requiring all the parking and turning areas being provided prior to any occupation or first use of the facility.
6.14 Manx National Heritage have highlighted Langness as being an area where there is potential for archaeological artefacts being found. There is no information provided in the submission which addresses how such artefacts will be dealt with if found. The site is not designated as an 'ancient monument' nor is it recognised on the Area Plan for the South as being with proximity to an ancient monument. Unlike the fundamental need to consider the ecological impact on the ASSI as part of the planning process, it is considered that a programme of archaeological works could be sought and considered as part of a planning condition to ensure that any archaeological findings are adequately dealt with and recorded and works are overseen by a suitably qualified archaeologist.
7.1 The proposal for a new facility for the interpretation of the Islands countryside, wildlife and heritage is considered in principle to be acceptable. Visually the design of the hide building and its associated car parking and access paths is not expected to adversely impact or significantly harm the general appearance of the landscape and is considered acceptable. DEFA Ecology/Biodiversity are agreeable to the principle of development but seek that a number of conditions requiring a full construction method statement being provided, details relating to the appointment of an ecological clerk of works, details relating to the future maintenance of the facility and site and the appropriate restrictions to the timing of the works. It is also necessary to add suitably worded conditions ensuring the car parking areas are provided prior to first use of the building and that an archaeological method statement be provided. - 7.2 The proposal has been considered on an exceptional basis as a new building for the interpretation of the countryside, its wildlife or heritage. A suitably worded condition to this affect should be added to any approval. Any other use may be contrary to GP3 and in any case would need to be considered as part of a separate planning application.
8.0 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 Planning Committee 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 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 : …Permitted……….... Committee Meeting Date:…07.10.2019 Signed :……L KINRADE…….. 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
Application No. : 18/01269/B Applicant : Langness Golf Course Ltd Proposal : Erection of building to act as Bird Hide and Wildlife Education Centre, with associated parking and access works Site Address : Land Off Langness Road Opposite Field 433209 Langness Road Castletown Isle Of Man Planning Officer : Miss Lucy Kinrade Presenting Officer As above Addendum to the Officer’s Report
The Planning Committee approved the application at its meeting of 7th October, 2019, confirming the officer's report but adding a condition requiring the removal of the structure and car parking if they are no longer needed for the intended purpose (Condition 10 refers).
C . 10 In the event that the building is no longer required for its approved use or the approved use ceases for a period longer than 365 days, whichever is the earliest, the development hereby approved shall be removed and the land restored in accordance with a remediation scheme to be submitted to and approved in writing by the Dept.
The remediation scheme shall be submitted to the Department within 3 months of the date of the use ceasing, unless otherwise agreed in writing.
The remediation scheme shall include details of, but not limited to;
Reason: The application has been approved on an exceptional basis in line with GP3 (h) and on an area zoned as an ASSI. The subsequent removal must be in accordance with a remediation scheme to ensure that the risks to the site and surrounding land are minimised and that ecological systems and habitats are appropriately protected.
Copyright in submitted documents remains with their authors. Request removal
