DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Applicant: Mr & Mrs Donal and Madgalena Carroll Proposal Erection of a building for the storage of items associated with the maintenance of the site Site Address Riverside Barn King Edward Road Onchan Isle Of Man IM4 6AB Case Officer : Mr Paul Visigah Photo Taken: 23.08.2023 Site Visit: 23.08.2023 Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 19.01.2024

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.

• C 2. The building hereby approved shall be used solely for the storage of machinery and equipment used for the maintenance of the woodland, as edged red on the approved plan (Drawing No. 23 1752/1 Rev C), and for no commercial purposes and only in accordance with the internal layout as shown on the submitted Drawing (DC/001 Rev C).

Reason: To take account of the particular planning circumstances of the development hereby approved and to safeguard the character of the countryside of the Island from unwarranted built development.

• C 3. Within three months of the development commencing, plans shall be submitted to Planning for written approval containing details of bat and bird boxes on the new development.

A bat box shall be installed high up on the south east, while the second bat box shall be installed on the south west elevation. The bird box shall be installed high up on a north elevation of the proposed building.

The development shall not be carried out unless in accordance with the approved details, and shall thereafter be permanently retained as such.

Reason: To provide adequate safeguards for the ecological species existing in the locality.

• C 4. Prior to the commencement of the development hereby approved, the protection measures detailed on Drawing No. 23 1752/02 Rev A, submitted in support of the application shall be fully installed and implemented and retained for the duration of the construction process, unless stated otherwise. Within the Construction Exclusion Zones identified on this drawing, nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit, without prior written consent of the Department.

Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality.

• C 5. The building hereby approved shall be removed and the ground restored to its former condition in the event that it is no longer used or required for storage of equipment as set out in condition 2.

Reason: The building has been exceptionally approved solely to meet woodland management need and its subsequent retention would result in an unwarranted intrusion in the countryside.

• C 6. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no development shall be undertaken under the following classes of Schedule 1 of the Order at any time: Class 39 - Fences, walls and gates Reason: To control future development on the site.
• C 7. Prior to the commencement of the development hereby approved, details of all external facing materials shall be submitted to and approved in writing by the Department. The development shall be undertaken in accordance with the approved details and retained as such thereafter. Reason: In the interests of the character and appearance of the site and surrounding area.
• C 8. No approval is hereby given for the use of any of the land edged in red on Drawing No. 23 1752/1 Rev C as part of the residential curtilage of Riverside Barn, Bibaloe Beg Road, Groudle, Onchan. Reason: for the avoidance of doubt.

This application has been recommended for approval for the following reason. The proposal is not considered to have an adverse impact on the character and appearance of the countryside, and the works would enhance the nature conservation value of the site, thus according with General Policy 3 (f), Environment Policies 1, 3, 4, 5 and 27. No material considerations have been identified which would justify refusal.

Plans/Drawings/Information;

This decision relates to the documents and plans received 23 May 2023, additional information/Amended Plans received 5 September 2023, and additional information/Amended Plans received 9 January 2024.

Interested Person Status

Additional Persons

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

Manx National Heritage

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 4(2):

Highfield, Bibaloe Beg Road, Onchan, as 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 Policy. They are also not 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 ________________________________________________________________

Officer’s Report

THIS APPLICATION IS REFERRED TO THE COMMITTEE AS IT COULD BE CONSIDERED A DEPARTURE FROM THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL.

1.0 THE SITE - 1.1 The application site comprises a parcel of land that is located at the junction of Bibaloe Beg Road and King Edward Road in Onchan. The application site (Field 534451) is linked to the residential curtilage of Riverside Barn, King Edward Road, which sits just southeast of the application site and is defined by the blue line boundary being in the same ownership as the application site. The site defied by the red line boundary measures about 8,630.6sqm (2.13 Acres/0.86 Hectares). - 1.2 The site is a large woodland area that runs along a significant stretch of the Manx Electric Railway line and King Edward Road is covered completely in mature trees of varying quality, sizes and height, and has its entrance situated just west of the access to the dwelling at Riverside Barn, which has pedestrian access via elevated paths to the site. A watercourse runs along the eastern boundary of the site in a north-south direction.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for Erection of a building for the storage of items associated with the maintenance of the site. This building which would be situated about 2.8m north of the Bibaloe Beg Road, and 8m west of the dwelling at Riverside Barn (5m from the boundary of the residential curtilage) would be 7.5m wide, 10m long and 5.4m tall (2.4m to the eaves), and have roof pitch angle measuring 35 degrees. - 2.2 This building which would be built over a brickwork foundation with its external walls finished in horizontally laid timber boards. Its roof shall be finished in natural slate. The building will have a double garage door 3m wide and about 2.4m high installed on its north elevation, directly overlooking a new hard standing area to be created in north of the building. No other fenestrations (doors windows or roof lights) would be installed on the building. - 2.3 Other works would involve:

• i. Creating a 6m x 4m stone hardstanding area that would be created north of the building. This area would be directly connected to the entrance to the building and the existing stone site access track.
• ii. Measures would also be put in place to create a Construction Exclusion Zone to protect trees within the site. This area would be defined by Heras fencing.

• 2.3.1 The proposal has been amended to exclude dormers, external staircase and inner upper floor. The building's height has also been reduced by 500mm.

2.4 The applicants note that the new detached building will be used for the storage of equipment and items associated with and required for the maintenance of the whole site which extends significantly beyond the residential curtilage. They further note that there is increasing invasion of laurel within the woodland which needs to be managed and access pathways need to be created within the woodland to manage brambles and ivy. 2.5 The materials that would be kept in the building include:

• a. Tractor / Mower with trailer behind for cutting grass and wild overgrown areas of brambles this includes a trailer and bowser for distributing water and fertilisers overall size 3.7 metres
• b. Mini digger/dumper - 1.8 tone for landscaping some of the failing land as well as rebuilding river banks , pulling failing trees and pulling out Cherry laurel roots - the only way to maintain this aggressive species - as cutting or using chemical approach is not effective 3.2 M Long (circa Height 1.8m)
• c. Professional wood chipper - They note that they like to recycle the Cherry laurel and failing trees and using the offcuts for creating paths throughout the woodland; size 3.2 M Long
• d. Log splitter and log storage area within barn.
• e. Air compressor tank
• f. Rotavator
• g. 2 grass mowers for cutting residential area and long path 2 acres next to woodland
• h. Smaller items are: strimmer, 3 chains saws, garden tools; hedge cutters, leaf blower, tool boxes; collection of axes.
• i. Fuel for machines.

2.6 The application is accompanied by a Planning Statement prepared by Sarah Corlett Town Planning Consultancy Ltd. The applicants have also provided further correspondence to address concerns raised by neighbours.

- 3.0 PLANNING POLICY

3.1 Site Specific

• 3.1.1 The site lies within an area on the Area Plan for the East classified as land not designated for a particular purpose, and the site is not within a Conservation Area. The site is not within a Registered tree Area and there are no registered trees on site. The site is largely not prone to flood risks although the eastern section of the site area which borders the watercourse is identified as being at risk of flooding. The proposed site area is not at risk from flooding.

3.2 Area: TAPE (2020)

• 3.2.1 The Character Appraisal within the Area Plan for the East states thus concerning the area - Conrhenny & Groudle (D3):

• 3.2.2 Landscape Strategy: "Conserve and enhance:

• a) the character, quality and distinctiveness of this area of relatively sparse settlement;
• b) its valley bottom woodland;
• c) its National Glens;
• d) the various archaeological features within the area."

3.2 National: STRATEGIC PLAN (2016)

• a. Strategic Policy 4 - development proposals must protect or enhance the nature conservation and landscape quality of urban as well as rural areas.
• b. General Policy 2 - 'Development Control' considerations.
• c. General Policy 3 - presumption against development outside allocated sites, other than specific exceptions which include, (f) "building and engineering operations which are essential for the conduct of agriculture or forestry".
• d. Environment Policy 1 - protection of countryside and its ecology.
• e. Environment Policy 2 - protection of landscape.
• f. Environment Policy 3 - Seeks to prevent unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value.
• g. Environment Policy 4 - protection of ecology and designated sites/protected species.
• h. 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.
• i. Environment Policy 13 - flood risk.
• j. Environment Policy 22 - pollution.
• k. Environment Policy 27 - environmental enhancement.
• l. Transport Policy 4 - Highway capacity and safety considerations.
• m. Paragraph 7.21.1 states, "7.21.1 In addition to the need for protection there is also a need to carry out enhancements to the natural environment if a sustainable vision for the Isle of Man is to be achieved. Opportunities for environmental enhancement, such as tree planting, the removal of eyesores and the management of habitats will need to be identified in Area Plans with the full involvement and support of local communities."
• n. Paragraph 7.8.5 states, "In considering any development proposals on sites recognised for their ecological and scientific value, the Department will give full consideration to the legislation, policies and conservation objectives, which may be relevant including the Wildlife Act 1990 and species listed in Schedules 1-8 to the Wildlife 1990 Act and other habitats and species which are widely regarded as locally important."

- 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 The site designation as part of the Groudle Glen Designated Wildlife Site (4178/001) is noted. - 4.2 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary.

5.0 PLANNING HISTORY 5.1 The application site has been the subject of a number of previous planning applications, two of which are considered specifically material to the assessment of this current planning application.

5.2 PA 11/00030/B for Conversion of existing workshop/barn to a dwelling (amendment to PA 10/00337/B) was approved on 11 February 2011.

5.3 An application for Erection of a garden room extension with link under PA 12/00296/B was refused for the site in April 2012. The application was refused on the grounds that it would be "detrimental to the rural character and amenity of the county side". This application was also the subject of an appeal where it was refused.

• 5.3.1 The scheme, which was designed as an extension to the existing dwelling on site was to include tree removal of a nature similar to that proposed within the current scheme. It also proposed to extend the house into the adjoining field, with proposed footprint broadly overlapping the footprint of the current application.

5.4 Whilst not directly related to the site, the following planning applications are also relevant for consideration:

• 5.4.1 To the north of this site is "Highfield" and under 14/00028/B, they had permission for a machinery shed but this was in their residential curtilage and much smaller in size. Highfield (14/00028/B) has a larger holding which is mainly agricultural, and the site is largely open fields. Conversely, the application site is basically a mature woodland which needs management as noted in the consultation comments from DEFA Ecosystem Policy Team, and there is no current use for agriculture given the extant dense tree cover. There are also restricted views due to the dense tree cover.
• 5.4.2 Further north again is another dwelling called Sunnymead. Under PA 13/91261/B they were refused for a storage shed and implement store, as there was no agricultural justification and size and scale was not supported. When compared with the current scheme, it is noted that Sunnymead (13/91261/B) is largely open and a smaller holding than the application site. Also, there are no challenges with forest management for that site, with the scheme refused being mainly agricultural.
• 5.4.3 Outside the immediate vicinity, PA 20/01047/B for Erection of an agricultural shed at Field 224318, Glen Road, Ballaugh has also been considered for comparison. This application was for a storage building, although it is mainly for agricultural storage and at a site that is largely open to public views. The use of the land for agriculture is questionable given the extant use of that site (similar to an urban garden). Also, there is not much on that site to justify agriculture or forestry. This differs from the current application site which is mainly a woodland where views are highly restricted.
• 5.4.4 PA 22/00968/B for Erection of a barn type building for use as a private garage, at Ballabunt Croft, Cooil Road, Douglas also relates to a building required for the storage of equipment. However, it is of a size and scale that hardly justifies the proposed scheme. The use was for domestic use, which is not same as the application site, and the site is at a location that is mainly open when viewed from the surrounding area. With regard to the application site, only very minimal items of domestic nature would be placed in the current proposed building and its use is to support forest management which considerably differs from PA 22/00968/B.

6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 DOI Highways raise no opposition subject to confirmation of the main doorway position and a planning condition restricting the formation of a separate dwelling (7 June 2023).

6.2 DEFA (Ecosystems Policy) team appreciate that the applicant's intention for the building includes the housing of tools to assist in the management of laurel (cherry laurel an invasive specie which is present in Groudle Glen). They advise against over-management and additional tree removal; advise that fruit and vegetable growing should avoid areas of semi-natural habitat, including the scrub and trees to the west and north of the new building; and recommend the erection of a bat box high up on the south east - south west elevation, and a bird box high up on a north elevation (7 June 2023).

6.3 DEFA Forestry have no concerns with the application (22 August 2023). - 6.4 Manx National Heritage have requested that methods of protection for the surrounding trees and their root systems and the timing of works be specified in the conditions of any approved planning approval (2 June 2023).

6.5 Onchan District Commissioners recommend that the planning application be approved subject to the conditions recommended by Manx National Heritage and DEFA Ecosystem Policy Team (13 June 2023). - 6.6 The owners/occupiers of Highfield, Bibaloe Beg Road, Onchan, object to the application on the grounds of potential use of the site for operations of a plant hire and groundworks firm, visual impact, and the fact that the development is in the countryside not zoned for development (13 June 2023/28 November 2023).

• 6.6.1 In response to the comment made by the occupiers of Highfield, Bibaloe Beg Road, Onchan, the applicants agent have noted that the applicants do not intend to run a business from the building, whilst stating the building is design to respect the character of the site and area (28 June 2023).
• 7.0 ASSESSMENT

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

• i. The Principle (GP 3f, EP3, EP 27, & Paragraph 7.21.1);
• ii. Character and Appearance (EP1, STP4, & GP2);
• iii. Impact on trees and ecology (EP3, EP4, STP 4);
• iv. Impact on neighbouring properties (GP2); and
• v. Highway Impacts (TP4).

7.2 The Principle

• 7.2.1 In assessing the principle of the proposed development, it is first vital to consider the zoning of the land. The field in question which is wooded is not designated for development and lies in the countryside where development is restricted, in order to protect the countryside for its own sake. However, General Policy 3 allows for some exceptions within the countryside, and it is considered that the key intention of the proposal which is to enable the management of the woodland would pass for exception (f) which relates to building and engineering operations which are essential for the conduct of agriculture or forestry.

• 7.2.2 It is also vital to note that the scheme does not seek to change the use of the land from its existing use as a woodland, being part of the Groudle Glen Designated Wildlife Site, but to rather facilitate its management and preserve/enhance its nature conservation value. As has been noted in the DEFA Ecosystem Policy Team comments, there are concerns with the spread of invasive plants on site which the scheme seeks to manage through the erection of the building for the storage of equipment which would facilitate the said management. Hence, the intentions of the proposal aligns with the goals of Paragraph 7.21.1 of the Strategic Plan, which reinforces the positions of Environment Policy 27.
• 7.2.3 Additionally, the applicants have provided clear justifications for the erection of the building of this size by highlighting the forestry management challenges for the woodland which is within their ownership, providing a list of machinery to be stored within the building for such management, as well as a scaled layout showing how the machinery and implements would be stored therein, whilst noting the some of the machinery are currently stored on site, with the most expensive equipment currently stored offsite. During the site visit on 23 August 2023, it was confirmed that a good number of these machinery where stored within a tent on site, which would not be in the interest of protecting the equipment from the elements. Site observation of the residential curtilage also showed that the site constraints such as the nature of the topography for the north-western section (rising narrow stretch of land), and the high flood concern for most of the flat areas currently available (east of the residential curtilage), would make erecting the store unsustainable.
• 7.2.4 Generally applications have been approved and refused for workshops of a range of sizes within fields adjacent to residential properties. The key reasoning enabling the approval of some of these schemes is that the maintenance of areas of land do require equipment and a

• place to store the equipment, although the size of the structures are vital for consideration as they should be relative to the size of the land. It is also required that the buildings are situated adjacent to already existing structures. In this case, the building is situated within close proximity to existing building and at a part of the site where there would be minimal disturbance to the trees and biodiversity within the broader site area; being situated within an area that is relatively flat and would require the least amount of groundworks.
• 7.2.5 Moreover, it would be vital that the equipment are kept within the site given the nature the works, the size of some of the equipment which would require careful logistics to move them to and from the site (given their bulk). It is also vital to note that these equipment would be required for the maintenance of the woodland which has been acknowledged to have growing issues with invasive species such as Cherry laurel. Equally, the applicants have provided a layout plan which shows how the equipment would be stored in the proposed building, which indicates that the proposed size would be appropriate for the site storage needs.
• 7.2.6 Overall, the principle of the proposed building would be acceptable, due to the need to provide appropriate storage the equipment essential for the management of the woodland, its size in relation to the overall site and storage requirements, location and design, and sufficient justification for need has been provided by the applicant. It is, therefore, considered that the proposal complies with General Policy 3 (f), and would accord with the environmental aspirations of the plan, the Biodiversity Strategy and are specifically allowed for in Environment Policy 27/paragraph 7.21.1. Moreover, the proposals within the scheme would not be unsuitable for the site or the wider rural area.

7.3 Character and Appearance

• 7.3.1 In assessing the impacts of the proposal on the character and appearance of the site and immediate locality, it is considered that the site itself is situated to a sheltered part of the broadly forested site, where views to the proposed building would be constrained by the surrounding trees, with views only achievable when directly in front of the site (and this view would be largely confined to the 7.5m section which fronts the highway) as most of the surrounding trees would be retained.
• 7.3.2 It is also vital to note that the building would not stand isolated on the landscape as it would be close to the existing dwellings within the immediate vicinity. Moreover, the building is not especially large for a storage building intended for the storage of large maintenance equipment, and the appearance of the structure's sympathetic and low impact timber construction, would serve to limit its prominence within the site.
• 7.3.3 Additionally, many young trees within the development area which serve to enclose the site would be removed, a good number of the trees which sit south of the site and line the highway would still be retained on site, serving to ensure an appropriate setting to enable the blending in of the timber clad building.
• 7.3.4 Whilst it is considered that a previous proposal on large section of the footprint for the current application was refused under PA 12/00296/B was refused on grounds of being detrimental to the rural character and amenity of the countryside, that scheme was for a residential development which is subject to other policy guidelines such as Housing Policy 11 and 16, which is not applied in a similar context as the current scheme which is detached horticulture building which is subject to other policies such as Environment Policy 1 and Strategic Policy 4. A thorough review of the scheme under PA 12/00296/B would reveal that it sought to increase the scale of the existing dwelling within the residential curtilage which is particularly noticeable from the street scene, which is not exactly the case with the current scheme.

• 7.3.5 Notwithstanding the above, a prime consideration in the determination of development proposals in the countryside is the conservation and enhancement of the landscape, and this development is not considered to result in significant adverse impacts on the character or appearance of the site or surrounding area, due to the position, design, material finish and surrounding trees. As such, the proposal complies with the requirements of Environment Policy 1 and Strategic policy 4 in terms of potential impacts on the surrounding countryside and landscape.

7.4 Impact on Trees and Ecology

• 7.4.1 In terms of impacts on trees, it is noted that the site is bounded by a number of trees on all sides, with the scheme seeking to remove a number of young trees to enable the development. However, DEFA Forestry has noted that they have no objection to the proposal, whilst noting that the trees in the proposed work area lack Arboricultural quality and have little amenity value. They also note that most of the trees are unlikely to be adversely affected by the proposal due to their young age and relatively small root spreads in the direction of the development. As such, it is considered that the development complies with Environment Policy

3 and GP 2 (f) with regard to impact on trees.

• 7.4.2 With regard to ecological impacts, Paragraph 7.8.5 of the Strategic Plan is clear that in considering any development proposals on sites recognised for their ecological and scientific value (such as the application site), "the Department will give full consideration to the legislation, policies and conservation objectives, which may be relevant including the Wildlife Act 1990 and species listed in Schedules 1-8 to the Wildlife 1990 Act and other habitats and species which are widely regarded as locally important". In this case, it is not considered that the scheme would result in significant adverse impacts on the site ecology due to the scale of the affected area, and the fact that the proposed site area comprises mainly scrub and cleared lawn which possesses minimal ecological value as the broader site area.
• 7.4.3 In addition to the issues raised in 7.4.2 above, the Ecosystem Policy Team raise no concerns with the proposed development, although they believe that ecological mitigation is required for birds and bats to serve as mitigation for the loss of a small area of scrub habitat in the area the building would be erected. A condition would however be attached to ensure that the bird and bat box installations are integral to the scheme.
• 7.4.4 Therefore, it is considered that in the case of the current scheme, the scale and nature of the proposed works would not result in significant adverse impacts on the site ecology and biodiversity, and the scheme would accord with EP4 (a), EP 5, and GP2 (d) of the Isle of Man Development Plan (2016).
• 7.5 Impact on Neighbours

• 7.5.1 The detached position of the structure, as well as the existing vegetation around the site boundary would ensure that there are no adverse impacts on neighbouring amenity, even though it is acknowledged that the proposal would introduce a new structure to this part of the locality.
• 7.5.2 Whilst it is noted that the proposal would be erected about 13.7m away from the neighbour at Eskadale, the building would be sufficiently screened by the existing trees from this neighbour and would not be on ground level set higher than the neighbouring property. Moreover, there would be no fenestrations on the sides that could create privacy concerns for neighbours. The other neighbouring dwelling is set about 142m to the northwest; a distance that would ensure there are no adverse impacts on this neighbouring property. This element of the proposal would accord with the requirements of General Policy 2 (g) of the Isle of Man Strategic Plan (2016).

7.6 Highway Impact

• 7.6.1 With regard to Highway impact, the comments from DOI Highways which raise no objection to the proposal are noted, and these clearly indicate that there are no concerns in relation to highway safety. It is also worth noting that the existing access and parking areas which would serve the development would be retained such that there would be no undue impact resulting from the use of the proposed building. Thus, it is considered that the proposal accords with the provisions of Transport Policy 4 and General Policy 2 (h) and (i) of the Strategic Plan.

7.7 Other Matters

• 7.7.1 Occupancy

• 7.7.1.1 The application is for the proposed erection of a storage building to enable the management of the woodland area within the applicant's ownership, and the applicants have advised throughout their submission that the building would serve the purpose of forest management and storage of equipment. Whilst the comments made by the occupants of Highfield, Bibaloe Beg Road, Onchan, that the building would be used to run a business is noted, there is no indication within the submission that this is the case, as clear justifications for the proposed building has been provided. However, a condition would be attached to ensure that the building serves its intended use.
• 7.7.1.2 The Comments by the occupants of Highfield, Bibaloe Beg Road, which presupposes that allowing this usage of the proposed development would give a precedent to changing the use of the area towards commercial/industrial use is also noted. However, the application is for a storage building for forestry management and as such any approval conditions (should approval be granted) would reinforce such use. Therefore, it is not considered that commercial/industrial use is a concern for the current development, as that would be speculative, since none of the submitted plans/documents point to such use.

• 7.7.2 There are also no concerns with flooding as the work area is without the areas prone to flooding on site.
• 7.7.3 The concerns regarding the field access has been addressed via Planning Enforcement, which had concluded that there had been no breach of planning control and that no action was required in their correspondence to the applicant. As such, there are no concerns with the access to the site in terms of its position and size.

- 8.0 CONCLUSION

8.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle of Man Strategic Plan. Therefore it is recommended that the application be approved. - 9.0 INTERESTED PERSON STATUS

9.1 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.

9.2 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.

9.3 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 the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : …Permitted……….... Committee Meeting Date:…29.01.2024

Signed :…P VISIGAH………………………………….. 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

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

PLANNING COMMITTEE DECISION 29.01.2024 PA No 23/00640/B Applicant Mr & Mrs Donal and Madgalena Carroll Proposal Erection of a building for the storage of items associated with the maintenance of the site Site Address Riverside Barn King Edward Road Onchan Isle Of Man IM4 6AB Planning Officer Mr Paul Visigah Presenting Officer As above - Addendum to the Officer Report

The Planning Committee considered the application at its meeting on 29 January 2024 and agreed with the recommendation to approve the application subject to the officer's amendment to Conditions 2 and 3.

The amended Conditions shall read:

C2: The building hereby approved shall be used solely for the storage of machinery and equipment used for the maintenance of the woodland, as edged red on the approved plan (Drawing No. 23 1752/1 Rev C), and for no commercial purposes. The building shall be erected strictly in accordance with the approved plans Drawing No. DC/001 Rev C (excluding the illustrative internal storage/machinery layout) and DC/002 Rev C.

Reason: To take account of the particular planning circumstances of the development hereby approved and to safeguard the character of the countryside of the Island from unwarranted built development.

C3: Prior to the commencement of the development hereby approved, plans shall be submitted to Planning for written approval containing details of bat and bird boxes on the new development.

A bat box shall be installed high up on the south east, while the second bat box shall be installed on the south west elevation. The bird box shall be installed high up on a north elevation of the proposed building.

The development shall not be carried out unless in accordance with the approved details, and shall thereafter be permanently retained as such.

Reason: To provide adequate safeguards for the ecological species existing in the locality.