Officer Report

Application No.: 15/00172/B Applicant: Onchan District Commissioners Proposal: Creation of woodland centenary park incorporating a nature trail, memorial garden, ponds, tree planting and implement shed Site Address: Field 534102 & 534103 Hillberry Onchan Isle of Man Case Officer : Mr Chris Balmer Photo Taken: 24.02.2015 Site Visit: 24.02.2015 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site form the curtilage of Fields 534102 and 534103 which are parcels of land which are located to the northwest of Highfield Close and Sunnybank Avenue and east of Hillberry Road in Onchan.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the creation of woodlands, nature trail, memorial garden, ponds, tree planting and an implement shed (shipping container). The overall, scheme would add to the existing publically open centenary park.

3.0 PLANNING HISTORY - 3.1 There are no previous planning application which are considered relevant to the determination of this proposal.

4.0 PLANNING POLICY - 4.1 The site is designated within an "Public Open Space - Centenary Park" under the Onchan Local Plan 1998. The site is not within a Conservation Area. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning application: - 4.3 General Policy 2 state: "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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces 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;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

5.0 REPRESENTATIONS - 5.1 Highway Services have no objection (received on 10.03.2015). - 5.2 DEFA- Wildlife Division make the following comments (received on 16.03.2015): "We have two records of Japanese Knotweed at this site. Onchan Commissioners have responded to say that they are already treating this wildlife Act Schedule 8 plant to remove it from the site. Crocosmia is also present. Clearance must of course take account of the possibility of nesting birds, which I am sure the Commissioners will already be aware of." - 5.3 The owner/occupier of Signpost Cottage, Cronk Ny Mona, Signpost Corner, Onchan (received on 02.03.2015) does not object to the application in principle, but makes the following comments which are summarised as; proposed nature trail and paths boarder my property and have concern that the proposal could have an effect on my privacy, if permission is granted perhaps the Commissioners could undertake additional planting/screening; and proposed wildfowl pond could overflow and seepage problems to my property. - 5.4 The owner/occupier of 35 Highfield Close, Onchan raise concerns which are summarised as (received on 16.03.2015): does not seem enough parking for visitors; parking may block access to the houses on Highfield Close; concern of access in an emergency; - 5.5 The owner/occupier of 45 Highfield Close, Onchan raise concerns which are summarised as (received on 25.03.2015); no parking facilities have been applied for; not enough parking exists on Highfield Close; and concerns emergency vehicles would not be able to access Highfield Close. - 5.6 The owner/occupier of 33 Highfield Close, Onchan raise concerns which are summarised as (received on 25.03.2015); not enough parking exists on Highfield Close; and concerns emergency vehicles would not be able to access Highfield Close.

6.0 ASSESSMENT - 6.1 The key issues relate to the principle of development on this site and potential impact upon neighbouring amenities by the development. - 6.2 In terms of the principle of development the site already exists and used as public open space. The proposal would only be improving the existing use of the site. - 6.3 The proposed works in terms of the pounds would be undertaken to improve drainage of the site which currently runs towards Hillberry Road (A18) to the west of the site. This is given the topography of the site which slopes towards the A18. However, the areas where

• the pounds are proposed are on land which is generally flat in nature. The ponds are low level in nature and would have little visual impact to the area.
• 6.4 The tree planting would enforce the existing substantial landscaping which already exists on site. There is no objection for further planting.
• 6.5 The proposal for new paths though the site, would be beneficial to all users of the site and improve accessibility. Currently it appears paths are created by the cutting of the grass to form tracks. This method of forming the paths would be created again to form the memorial garden paths. Again given low level development of the paths, but also the existing and proposed landscaping, the visual impact of the paths would not be significant. The owner/occupant of Cronk ny Mona raises concern of loss of privacy from the paths. However, the paths proposed by this development would be at least 55 metres from the neighbouring dwelling and existing landscaping exists between. Accordingly, it is not considered the proposed works would result in a loss of privacy to warrant a refusal. This issue has been put to the applicant who make the following comment: "I am advised by the representative of the Woodland Trust that they acknowledge the comments from the resident of Signpost Cottage and will incorporate appropriate planting in that area to maintain privacy to the property." Overall, it is considered the proposed works would not result in a significant impact upon any neighbouring amenities.
• 6.6 A new implement store is proposed (shipping container) which would be located long the eastern boundary of the site. It is proposed to be painted a green colour and additional planting around to help screen the store. It is considered the size, position, colour, and given the existing and proposed landscaping; the proposal would have little impact upon the amenities of the area.
• 6.7 In relation to parking, the site does not provide any off street parking provision, nor has it. On this matter the applicant has indicated that: "As you are probably aware Centenary Park is an old tip and has been filled and grassed over for a number of years to achieve what we have today. It is currently open space for anyone to visit and I understand that there are several dog walkers who frequent the area. We do not envisage that the proposed planting will alter the attraction status of the site and thus encouraging visitors from all areas. We were approached by the Woodland Trust looking for a site for them to plant a significant number of trees. The idea is that the tree planting will offset our carbon footprint allowing the authority to work towards becoming carbon neutral. Encouraging visitors by car would negate any benefit to the reduction in CO2 by the tree planting. It is for these reasons that we do not consider that it will be necessary to provide any car parking specifically for the proposals."
• 6.8 As indicated previous the site is already uses as a public park and the proposed works are only to improve this. It is not considered the works proposed are likely to significantly increase the use of the site and therefore given the existing situation and given no objection has been raised by Highway Services it is considered the proposed is acceptable in this respect.
• 6.9 In relation received from DEFA the applicants have indicated that: "As indicated by Richard Selman, DEFA we are aware of the presence of Japanese Knotweed and are in a program of eradicating the weed. This will remain ongoing until such time as it is completely removed and those areas where it is known to exist will be fenced off so as to avoid any disruption and spread. We have no intention of making more work for ourselves in this respect."

7.0 RECOMMENDATION - 7.1 Overall, it is considered that the overall level of development contained within the proposal is relatively modest and in keeping with the character of the existing public open space, with suitably limited or no impact on the neighbouring properties. As such the proposal

does not adversely affect public or private amenity and is therefore in accordance with General Policy 2 of the IOM Strategic Plan and the Onchan Local Plan.

8.0 PARTY STATUS - 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, DEFA - Wildlife Division and the Local Authority in whose district the land the subject of the application sits. - 8.2 In line with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: The owner/occupier of Signpost Cottage,Cronk Ny Mona, Signpost Corner, Onchan - 8.3 In line with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:

The owner/occupier of 35 Highfield Close, Onchan The owner/occupier of 45 Highfield Close, Onchan The owner/occupier of 33 Highfield Close, Onchan

Recommendation Recommended Decision: Permitted Date of Recommendation:

21.04.2015

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

• N : Notes attached to conditions R : Reasons for refusal
• O : Notes attached to refusals

• 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

- C 2.

No development shall take place until full details of soft landscaping works have been submitted to and approved in writing by the Planning Department and these works shall be carried out as approved. Details of the landscaping specifically relate to details of new landscaping around the new container hereby approved. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the container, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: To ensure the provision of an appropriate landscape setting to the development.

This approval relates to drawings reference numbers 001, 002 and 003 all received on 18th February 2015.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made : Permitted Date : 21.04.2015 Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed :…………………………………….. Michael Gallagher Director of Planning and Building Control Signed : Jennifer Chance Jennifer Chance Head of Development Management