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THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises of a parcel of land contained within the golf course at King Edward Bay, Onchan. The proposed development comprises the removal of temporary access track and restoration of land.
The application site, and adjoining land, has been subject of a number of previous planning applications that are considered potentially material to the assessment of this current planning application:
Planning application 00/01646/B sought approval for the completion of 2nd hole and fairway with access alterations at King Edward Bay Golf Course. This previous planning application was initially considered on the 29th January 2001, with the initial approval decision notice issued on the 6th February 2001. At review on the 23rd March 2001 the Planning Committee resolved to confirm the approval, with the review approval decision notice issued on the 3rd April 2001. Condition no. 1 of this previous planning approval stated:
"This approval will remain valid for a period of two years in which time the re-modelling of the ground as shown in the submitted drawings must be completed along with the consequent seeding of the area."
Planning application 03/01849/B sought approval for the infilling of land to create driving range (extension of time for completion of previously approved works) at King Edward Bay Golf Course. This previous planning application was initially considered on the 7th January 2005, with the initial approval decision notice issued on the 10th January 2005. This approval granted subject to a number of conditions, one of which is considered particularly relevant to the assessment of the current planning application. Condition no. 4 states:
"The approved infilling must be completed, including seeding, within eighteen months of the date of this notice as it becomes final. If the material required to complete the works as shown in the drawings, is not likely to become available within the eighteen months allowed, the slopes must be graded on the basis of the material which is available and on site within the appointed time. If the finished scheme is to differ from that approved
on the basis of the available material, plans illustrating the finished profiles must be approved by the Committee no later than fifteen months from the date of this notice as it becomes final, giving sufficient time to complete the profiles and undertake the seeding all within the eighteen months allowed."
Planning application 06/01399/B sought approval for the completion of infilling of land to create a driving range. This previous planning application was considered on the 9th November 2006, with the refusal decision notice issued on the 10th November 2006. A subsequent appeal against the refusal was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal refusal decision issued on the 7th February 2007.
Onchan District Commissioners recommend that the planning application be approved. The Department of Transport Highways Division do not oppose the planning application. The Department of Agriculture, Fisheries and Forestry's Wildlife and Conservation Division express an interest in the planning application. They advise that although there are no specific wildlife issues under the Wildlife Act 1990 regarding the application site there are known lizard habitats within the wider surrounding area. It is their view that a lizard survey should be undertaken. They question the need for the proposed infilling, the background of the material proposed to be used for the infilling, and the re-seeding of the infilling.
Under the Onchan Local Plan the application site is within an area of land that is designated as a) an area of open space (golf course) and b) an area of ecological interest/semi natural vegetation. There are no policies within Planning Circular 1/2000, the written statement that accompanies the local plan, which are considered to be specifically relevant to the assessment of this planning application.
The planning application seeks approval for the removal of temporary access track and restoration of land. Having gone through the planning history it is understood that the track that is the subject of this current planning application was meant to have been infilled as part of the approval of previous planning application 00/01646/B. However, this previous planning approval was time limited to two years and the necessary work was not undertaken within that time. The planning application is intended to rectify this position and complete the restoration of works to the golf course. The applicant has advised that the infill material will be clean subsoil and topsoil from the new school (Bemahague) development in Onchan and that works are expected to take 3-4 months from commencement.
It can be seen that through subsequent planning applications the majority of the land that requiring infilling within the area surrounding the application site has been suitably infilled in a manner that sympathetically blends back into the wider landscape. The track that is the subject of this planning application is the remaining land that has yet to be infilled. The majority of the proposed works (see submitted photographs) relate to infilling over existing hard surfacing. Visually, although the track is of limited width it can be seen within the wider landscape and its infilling would complete the overall landscaping of the wider golf course area. The issues raised by the Department of Agriculture, Fisheries and Forestry's Wildlife and Conservation Division have been discussed with the applicant and taken into consideration. As the application site is not subject to any known specific wildlife issues under the Wildlife Act 1990 it is considered that it would be unreasonable to refuse the planning application on such basis. Indeed, after due consideration it is concluded that the wider landscape benefits of the proposed infilling outweigh the potential of habitats that have possibly been created by the existing track. It is pertinent to note that the infilling of larger areas of land within the surrounding area has already been undertaken.
The infilling of the track is considered to be the most appropriate means of completing the infilling and landscaping of the overall golf course area. Achieving this has taken significantly longer than was ever originally intended and is something should be brought to a suitable conclusion as soon as practicable. Approval of this current planning application, and expedient implementation, should achieve this. It is recommended that the planning application be approved subject to a time limited approval of two years and a requirement to undertake re-seeding and re-planting in consultation with the Department of Agriculture, Fisheries and Forestry's Wildlife and Conservation Division.
It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Onchan District Commissioners; The Department of Transport Highways Division; and The Department of Agriculture, Fisheries and Forestry's Wildlife and Conservation Division.
Recommendation
Recommended Decision: Permitted Date of Recommendation: 29.06.2009 Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. In order to ensure that works are carried out in an expedient manner this planning approval is valid for a period of two years from the date of this notice.
C 2. This planning approval relates to drawing no.s 001, 002, 003, 004 and 005 date stamped the 10th March 2009.
C 3. Prior to the commencement of works a re-seeding scheme must be submitted to and agreed by the Planning Authority. Thereafter the re-seeding of the infill must be undertaken in accordance with the agreed scheme.
C 4. Only inert subsoil or topsoil shall be used as infill material.
N 1. The re-seeding scheme required to satisfy condition no. 3 should be prepared in consultation with the Department of Agriculture, Fisheries and Forestry's Wildlife and Conservation Division to ensure that appropriate grass species are used. It should also include details of the implementation of the re-seeding and timescales for re-seeding.
I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made : Permitted Date : 27/7/9 Signed : Senior Planning Officer 23 July 2009 09/00404/B Page 3 of 3
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