DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00063/B Applicant: Manx Wildlife Trust Proposal: installation of a shed Site Address: Onchan Wetlands Church Road Onchan Isle Of Man Planning Officer: Mrs Vanessa Porter Recommended Decision: Permitted Date of Recommendation: 28.03.2024

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.

This application has been recommended for approval for the following reason.

The proposed shed is small in stature and of a material that should not impact the surrounding streetscene. The proposed shed is required for the upkeep of the site and as such complies with General Policy 3 (h), with the proposal not impact the surrounding streetscene nor neighbouring amenity and as such complies with General Policy 2, and the overall principle of the shed will have a minimal impact upon the Conservation Area with it ultimately preserving/ enhancing the Conservation Area by up keeping the site, which means the proposal complies with Section 18(4) of the Town and Country Planning Act (1999) and Environment Policy 35.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 19th January 2024;

• o Existing Site Plan
• o Location Plan
• o Planning Statement
• o Drainage Plan
• o Electricity Plan
• o Water Plan
• o Site Plan with Shed Location
• o Site Plan with Tree Canopy

• o Shed Specification
• o Drawing No. YARDMASTER 64PZ _______________________________________________________________

Interested Person Status

Additional Persons None _____________________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of Onchan Wetlands, also called Curragh Kiondroghad which is a small area of wetlands situated to the West of the road where Buttermere Drive meets Derwent Drive and also to the North of Church Road. There is an access into the site from both Church Road and Derwent Road. - 1.2 The site is maintained by the community all year round. THE PROPOSAL

2.1 The current planning application seeks approval for the erection of a shed situated to the South East of the overall site near the entrance gates which is to measure 1.84m by 1.04m with an overall height of 1.74m. There is also to be a pad which measures 1.98m by 1.19m. PLANNING HISTORY - 3.1 The previous applications are not relevant in the assessment of this application. PLANNING POLICY - 4.1 The site lies within an area zoned as "open space (which may be for particular purposes) upon the Area Plan for the East, Map 6 - Onchan. The site is within a Conservation Area and whilst a large proportion of the overall site is situated within a Flood Risk Zone, where the proposed shed is to be situated, is not within a Flood Risk Zone. The site is also situated within a Designated Wildlife Site: 4078/001.

- 4.2 AREA PLAN FOR THE EAST

• 4.2.1 The Area Plan for the East, stated the following regarding the Curragh, "5.8.1 Curragh Kiondroghad (Onchan Wetlands) is an urban nature reserve in Central Onchan which is managed by the Manx Wildlife Trust. This mixed wetland and grassland habitat is home to nearly one hundred species of flowering plants and is being allowed to develop into woodland. Ringed by silver birch, ask, holly and rowan trees and mixed hedgerows, the wetlands are dominated by grey and while willow, but also boast marsh marigold, woody nightshade and cuckoo flowers. The Curragh has rich invertebrate life, supporting bats, frogs and common garden species of birds as well as goldcrests, chiffchaffs and grey wagtails."
• 4.2.2 This is then followed by National Environment Recommendation 1 which states, "The Department will support any further work undertaken in order to progress the proposed additional Wildlife Sites in the plan area. It is expected that this would be as part of an overall environmental strategy."
• 4.2.3 There are no particular policies regarding "Open Space" which are relevant to the assessment of this application within the Area Plan for the East, though in relation the surrounding streetscene Urban Environment Proposal 3 is relevant which seeks that development must make a positive contribution to the local character and distinctiveness.

- 4.3 ISLE OF MAN STRATEGIC PLAN

• 4.3.1 Turning towards the Isle of Man Strategic Plan 2016, the site is zoned as "Open Space" which is defined with the Strategic Plan as "Any land, whether enclosed or not, on which there are no buildings or on which not more than 5% is covered with buildings."
• 4.3.2 Chapter 20 of the IOM Strategic Plan talks about the importance of Open Space and whilst most of the context is regarding recreational space, Paragraph 10.3.1 and part of Paragraph 10.3.2 is relevant Paragraph 10.3.1 "The presence and use of various forms of Open Space in towns and villages on the Island form an integral part of the fabric of community life. Open Space takes various forms and serves many purposes. It ranges from formally laid parks to the wide and extensive public footpath network including Raad Ny Foillan and Millennium Way." Part of Paragraph 10.3.2 states, "Open Space forms part of our heritage as well as being an attractive and usable asset, and, in the wider context, provides visual and spiritual relief from the developed urban settlements on the Island."
• 4.3.3 Given the nature of the application, the land designation and the fact that the site is situated within a Conservation Area, the most relevant in the assessment of this application is Section 18(4) of the Town and Country Planning Act (1999), followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which sets out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area, Environment Policy 4 which sets out that development must not adversely affect ecology and Environment Policy 7 which would not harm, in the case of this application wetland and General Policy 3 which sets out acceptable development in areas not zoned for development.
• 4.3.4 These policies are then followed by; Strategic Policy 2 - focuses new development in existing settlements unless complies with GP3;

• Strategic Policy 4 - development must protect or enhance special interest areas including nature conservation;
• Strategic Policy 5 - development must be well designed; Spatial Policy 3 - identifying service villages Spatial Policy 5 - new development will be in defined settlements only or in the countryside only in accordance with GP3; General Policy 2 - detailed 'development control' considerations; Environment Policy 3 - development must not damage trees or woodland; Environment Policy 42 - new development should be designed to take into account the character and identity of the area, Community Policy 7 - designed to prevent criminal and antisocial behaviour; Community Policies 10 & 11 - implement best practice so as to reduce the outbreak and spread of fire; Infrastructure Policy 5 - methods for water conservation

REPRESENTATIONS

5.1 The following representations can be found in full online, below is a short summary;

5.2 No comments have been received from DOI Highway Services at the time of writing this report. - 5.3 Onchan Commissioners have considered the application and state, "the application be APPROVED for planning purposes only." (06.02.24) - 5.4 DOI Flood Risk Management Division have considered the application and state that they do not oppose subject to a condition that states that the structure cannot be used for habitation. (05.02.24) - 5.5 DEFA Biodiversity have considered the application and state no objections. (21.2.24)

ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

• - principle of development
• - section 18(4) test
• - detail of design
• - neighbouring amenity

- 6.2 PRINCIPLE

• 6.2.1 Fundamentally, in terms of Planning Policy there is a long established presumption against new development on land not zoned for development, whether it's within the countryside or on land not designated for development under the relevant local plan.
• 6.2.2 When looking at General Policy 3 it sets out the acceptable development in areas which are not zoned for development, of which part (h) states, "buildings or works required for interpretation of countryside, its wildlife or heritage."
• 6.2.3 The proposed shed is to be used in conjunction with the existing site to enable easier maintenance and is situated within an area of the site which would have a minimal impact upon the wetlands as a whole, as such the overall principle of the site would comply with General Policy 3.

- 6.3 SECTION 18(4) TEST

• 6.3.1 Turning towards the Section 18(4) Test, due to the proposed works being situated within a Conservation Area it is necessary to test the application under section 18(4) of the Town and Country Act (1999), on whether the works would preserve or enhance the Conservation Area.
• 6.3.2 Ultimately whilst the proposed shed might impact the overall Conservation Area due to its appearance within the streetscene, over time this impact would be minimal, especially when taking into account the fact that the site will maintained which will ultimately enhance the overall Conservation Area.
• 6.3.3 As such with the above in mind the proposed works will pass the Section 18(4) test by preserving the Conservation Area.

- 6.3 CHARACTER AND APPEARANCE

• 6.3.1 When looking at the character and appearance of the proposed works upon the surrounding area, it is noted that the proposed shed is small in sizing and of a colour which is acceptable; and is situated within a site which whilst seen from the main highway would not impact how the site is viewed within the streetscene.

6.4 NEIGHBOURING AMENITY

• 6.4.1 There are no neighbouring properties near the application site, which would be impacted by the proposed works.

CONCLUSION

7.1 In conclusion the proposed shed is small in stature and of a material that should not impact the surrounding streetscene. The proposed shed is required for the upkeep of the site and as such complies with General Policy 3 (h), with the proposal not impact the surrounding streetscene nor neighbouring amenity and as such complies with General Policy 2, and the overall principle of the shed will have a minimal impact upon the Conservation Area with it ultimately preserving/ enhancing the Conservation Area by up keeping the site, which means the proposal complies with Section 18(4) of the Town and Country Planning Act (1999) and Environment Policy 35.

7.2 With the above in mind the proposal is recommended for approval.

• INTERESTED PERSON STATUS
• 8.1 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.

8.2 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

I can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 02.04.2023 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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