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Application No.: 25/90714/B Applicant: Hartford Homes Proposal: Alteration to pedestrian footpath/cycle route approved as part of PA22/00675/B Site Address: Douglas Rugby Club Peel Road Douglas Isle Of Man IM2 2RA Planning Officer: Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 22.09.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
N 1. The applicant is to be reminded of the conditions relating to connection points from the foot/cycle path onto Peel Road as part of 22/00675/B.
The works align with the overall open space use of the site and the proposed changes to the footpath/cycle route beyond 22/00675/B are considered acceptable and not to undermine the existing sports pitches on site. The proposal is not expected to result in any new or significant adverse impacts on any registered trees, there are no new or increased adverse highway safety impacts expected and fungi is to be suitably safeguarded during works. A condition preventing gates closing the route will be added, along with a condition seeking protective fencing during works and a note reminding the applicant of their obligations of 22/00675/B conditions will also be added for information.
Plans/Drawings/Information; This approval relates to the following documents and information;
_________________________________________________________________ Right to Appeal
It is recommended that the following organisations should be given the Right to Appeal: o DOI Highway Services - stated no objection subject to conditions and not all conditions have been added.
_________________________________________________________________ Officer’s Report THE SITE
1.1 The application relates to part of the grounds and fields at Douglas Rugby Club, Peel Road, Douglas. THE PROPOSAL - 2.1 Proposed is the re-routing of a footpath and cycle way approved as part of a large housing development scheme under PA 22/00675/B. The supporting statement indicates that the change in route would allow better activity at the sports ground without being separated by the previously approved route. PLANNING HISTORY - 3.1 The site and surrounding area have been subject to a number of previous applications most relevant in this specific case being:
3.2 As part of that application two conditions were specifically added in respect of the foot/cycle way as an active travel route:
4.1 The site lies within an area zoned as open space - sport pitch. The site sits adjacent to groups of registered trees and within an area of high river flood risk. The site is not in a conservation area.
4.2 AREA PLAN FOR THE EAST 2020 o Several paragraphs and development briefs support the integration of new and improved cycle and pedestrian links.
4.3 ISLE OF MAN STRATEGIC PLAN 2016:
4.4 Reference any relevant PPS or NPD
5.2 Policy/Strategy/Guidance o Manual for Manx Roads
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only. - 6.1 DOI Highway Services - do not oppose subject to condition (12/08/2025) - no significant negative impact upon highway safety, network functionality and/or parking as the pedestrian/cycle re-routing would not be a significant change in terms of walking/cycling length compared to the approved plans, providing the gradient of the route is no more than 8% at any point (as per Manual for Manx Roads standards) and the route remains open for the lifetime of the route (as it appears there are gates proposed across the route). The maximum gradient and route remaining open throughout its lifetime should be conditioned on any permission.
6.2 DEFA Ecosystems - initially raised concern with the lack of information provided in respect of the important populations of fungi found on the site. Additional information was provided and updated comments were received confirming no objection subject to conditions to ensure all works undertaken in compliance with the Fungi Protection Plan and details contained in Sections 5.1 & 5.2 of Ecology Vannin's Mycological Report.
6.3 DEFA Forestry - objection due to lack of information for trees (11/08/2025) - there are registered trees impacted and a number of other trees of note. A tree survey to BS5837 is required along with details of the paths construction in order to make proper assessment. - 6.4 The following were consulted but not response received at the time of writing the report 22/09/2025:
7.1 The application seeks to re-route a section of a previously approved cycle/footpath route forming part of a much larger housing development scheme PA 22/00675/B. The route now seek to go around the existing rugby training and sports pitches rather than taking the previous route straight through. The key considerations relate to the principle, and whether there are any new or increased issues in terms of highway safety, ecology or trees.
Principle
7.2 GP2 discusses development which is in accordance with the land use zoning on the appropriate area plan. The land use designation in this case is Open Space (sport pitches). The IOM Strategic Plan section 10.3 indicates that Open Space can be public or privately owned, and can serves many purposes including visual and amenity relief and for recreational purposes. Open Space can take various forms ranging from formally laid parks to public footpath networks.
7.5 The provision of a walking/cycling route may not be a sport pitch per se, but it does accord with the overall Open Space land use designation being a route and facility for recreational purposes and thus aligning with the overarching Open Space designation and remaining acceptable and in accordance with the land use designation. Highway safety
7.4 The entry and exit points remain the same as previously approved and acceptable, and its re-routing is not expected to result in any changes to user's safety. While maybe making slightly longer and perhaps moving away from the 'desire path' the re-routing is not expected to make the journey significantly longer and may avoid or limit potential for stray rugby balls crossing the route and improve user safety somewhat. Overall no new highway safety issues expected as a result of the proposed works. DOI have requested conditions in respect of gradients and gates, however the section of site within the red line is predominantly flat where no gradients of 8% are expected. The sloping part of the site is likely to be that outside of the red line and which does not form part of this application and felt unreasonable to add a condition in this respect. There are no access gates shown on the plan which would close off the access route although a condition for the avoidance of doubt can be added to ensure one is not added in the future. - 7.5 Utilities Proposal 2 of the Area Plan for the East recommends public lighting be provided for major pedestrian and cycle routes and those public open spaces expected to be well used at night to ensure safe passage. Such public lighting should avoid glare and be consistent with other strategies and policies. Major pedestrian and cycle routes are not defined in the plan, and it is unknown how well used this public open space and route will be, but is a route serving up to 320 homes and expected to be fairly well used. No lighting is proposed as part of this scheme and so no assessment can be made. While a condition could be added to prevent any lighting unless subject to a detailed application, it is felt somewhat unreasonable given that Class 12 of the Permitted Development Order 2025 allows for some level of lamp standards within a highway which includes footpaths, and so works could be undertaken in accordance with the PD without the need for an application in this case. Ecology - 7.6 The site is recognised to have some fungi habitat. Additional information has been provided in response to comments received from DEFA Ecosystems and indicates a fungi protection plan and areas of fencing to be installed. Majority of the route now falls on to of an area which was already approved for services under 22/00675/B and so no new or increased adverse impacts are expected on the fungi beyond that service channel and suitable protection can be actioned by condition to ensure no new or increased harm to fungi during the works. DEFA Ecosystems have confirmed no objection subject to conditions to ensure all works undertaken in compliance with the Fungi Protection Plan and details contained in Sections 5.1 & 5.2 of Ecology Vannin's Mycological Report. These conditions will be added accordingly. Trees - 7.7 Updated red line plans were provided. The path works under this application do not encroach into any new areas of registered trees, but does relocate along there boundary where there are some other trees shown on plan. The proposal does not include for the removal of any trees and appear outside of the canopy spread shown on plan. Those path works closest to
the access points where most trees are situated fall outside of the red line or are works that remain unchanged and as approved under 22/00675/B. No new adverse impacts on trees are expected and conditions under 22/00675/B remain in place. Given the nature of this application, red line updates and other works already approved as per 22/00675/B it is not felt that there are any new nor unacceptable impact on trees to warrant any issue, concern or refusal as part of this application.
8.1 The works align with the overall open space use of the site and the proposed changes to the footpath/cycle route beyond 22/00675/B are considered acceptable and not to undermine the existing sports pitches on site. The proposal is not expected to result in any new or significant adverse impacts on any registered trees, there are no new or increased adverse highway safety impacts expected and fungi is to be suitably safeguarded during works. A condition preventing gates closing the route will be added, along with a condition seeking protective fencing during works and a note reminding the applicant of their obligations of 22/00675/B conditions will also be added for information. - 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to:
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
9.5 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 the Right to Appeal.
I can confirm that this decision has been made by the 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, and/or rights to appeal.
Decision Made : Permitted Date : 22.09.2025 Determining Officer
Signed : S BUTLER Stephen Butler Head of Development Management
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