DEC Officer Report

Application No.: 21/00929/B Applicant: Manx BirdLife Proposal: Creation of three ponds, repair 40m of gravel bund and creation of two gravel islands in existing lake Site Address: Manx Birdlife Point Of Ayre Reserve Cranstal Bride Isle Of Man IM7 4BS Head of Development Management: Mr S Butler Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 24.11.2021 _________________________________________________________________

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. No approval is hereby given for the erection of a "future viewing facility".

Reason: For the avoidance of doubt, as this is shown indicatively on the plan but does not form part of this application and so has not been assessed.

• C 3. No excavated material shall be removed from the site and no fill materials may be brought onto the site.

Reason: For the avoidance of doubt - the works proposed are engineering works to alter the existing landform but do not seek approval to remove material from/import material to the site and so any impacts which may result from that (e.g. highways/traffic) have not been assessed.

• C 4. The works hereby approved shall not be undertaken other than in accordance with the method statement, which forms part of the approved plans.

Reason: In the interests of clarity and to ensure the development takes place in accordance with the approved details.

• C 5. Prior to the commencement of the works hereby approved, details of any proposed planting/seeding shall be submitted to and approved in writing by the Department and the development shall not take place other than in accordance with the approved details.

Reason: the application does not provide details of any proposed planting/seeding and given the site designation it is important that any that does take place is appropriate.

• C 6. There shall be no provision on the site of moveable structures, works, plant or machinery required temporarily in connection with the development hereby approved unless details (including timescale for removal) have been submitted to and approved in writing by the Department and they are provided in accordance with those approved details.

Reason: For the avoidance of doubt, and because the application does not include any details of these and the relevant permitted development order does not apply to this site.

This application has been recommended for approval for the following reason. The development is not in a designated site nor is it an exception allowed for by General Policy

• 3. However, the proposed works would enhance an existing nature conservation site in accordance with Environment Policies 1, 4 and 27 and no material considerations have been identified which would justify refusal.

Plans/Drawings/Information; This approval relates to the following documents:

• - E-mail from applicant (17.08.21) confirming land ownership and no DEFA interest in the site
• - Document Register
• - Method Statement
• - Planning Statement
• - Description of Proposals
• - Location Plan (including redline boundary) (drawing 01)
• - Site Plan - Location of Landscaping (drawing 02)
• - Site Plans North and South (drawings 02N and 02S)
• - Existing Site Levels (including redline boundary) (drawing 03)
• - Cross Sections (drawing 04, 05, 06, 07) _______________________________________________________________

Interested Person Status

Additional Persons

DOI (Flood Risk) should be afforded Interested Person Status as a Government Department that has commented on material planning issues, _____________________________________________________________________________

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 site is part of an area of a former sand and gravel quarry at the Point of Ayre, approximately 500m to the south west of the lighthouse. Access is available for motor vehicles from the public highway via a rough, wide lane which stops at a secured gate. No public access is currently available and the site is privately owned and managed as a bird sanctuary.

2.0 THE PROPOSAL - 2.1 The applicant has described the proposals as follows:

"We are proposing to continue restoration works at the Manx BirdLife Point of Ayre National Reserve in order to provide a valuable site for both wildlife and visitors. This includes: the rebuilding of a gravel bund to screen people from the lake and prevent disturbance of the wildlife; creating ponds to provide new habitat; moving existing spoil piles to add new islands providing valuable nesting habitat in the spring and safe roosting places for the rest of the year. There will be no planting on the newly exposed areas with vegetation being allowed to establish naturally.

• i) Pond excavation Two ponds (approx. 350m2 each) to be created as shown in Drawing 02. This will require moving existing piles of waste aggregate which is to be used in ii) & iii). The spoil piles consist of sand/gravel to a height of 2m and were previously placed by the trackside for this purpose. A third, smaller pond (290m2) will be excavated to the south. The ponds will have a shallow sloping edge on the trackside. The ponds to have a depth of water 1-1.5m at the deepest point. The water table is approx. 1-1.5m below track level so to achieve this will require excavating to a depth of 2-3m.
• ii) Bund repair The gravel bund alongside a 40m stretch of the track shown on Drawing 02, which was part of the early restoration works, has eroded away to around 1.2m in height or is nonexistent. This is to be built back up to a continuous bund of around 2m in height using the sand and gravel from the pond creation. The base of the bund cannot extend further onto the track therefore it needs to be built up on the lakeward side. Material from the aggregate piles is to be used to extend the shore of the lake further into the water to allow for the extended bund.
• iii) New islands All remaining spoil is to be used to create new islands, an indication of which is shown on the map. Islands are to have gently sloping sides, sinuous shape with bays and scallops on the eastward side. The surface height of the islands is to be level with the existing adjacent peninsula, approx. 0.5m above water level. The size and extent to the new islands will be determined by the amount of spoil available. The existing peninsula is to be cut off by a new channel, deep enough to retain at least 1m depth of water yearround. The ground immediately south of the peninsula is to be lowered to become wet and the spoil used in the new islands.

Drawing 02 also shows an indicative position of a future viewing facility. This may be in the form of a bird hide or viewing screen. The mention of it here is for information only and this is purely indicative of where it might be sited. The landscaping works in this application are to be done irrespective of whether a future viewing installation goes ahead. The planning application for this facility will be made at a future date".

2.2 The application form indicates no importing or exporting of fill. - 2.3 The application is accompanied by a method statement and planning statement.

3.0 PLANNING POLICY - 3.1 Site Specific

• o 1982 Development Plan: Area of an area of High Landscape or Coastal Value and Scenic Significance; Nature conservation zone, nature reserves and sits of ecological importance for conservation; and small, oval area identified as an area for surface mineral working (gravel).
• o Area Plan for North (call for sites) noted.
• o Not within Conservation Area, no registered trees. Parts of site identified as being at risk of flooding.
• o Landscape Character Assessment (2008) noted.

3.2 Strategic Plan (2016)

• o Strategic Policy 4 - development proposals must protect and enhance the nature conservation of designated sites
• o General Policy 2 - 'Development Control' considerations
• o General Policy 3 - presumption against development outside allocated sites, other than specific exceptions which include, "location-dependent development in connection with the working of minerals" and "buildings or works required for interpretation of the countryside, its wildlife or heritage"
• o Environment Policy 1 - protection of countryside and its ecology
• o Environment Policy 2 - protection of landscape
• o Environment Policy 4 - protection of ecology and designated sites/protected species
• o Environment Policy 13 - floodrisk
• o Environment Policy 22 - pollution
• o Environment Policy 24 - Environmental Impact Assessment
• o Environment Policy 27 - environmental enhancement
• o 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 … Such opportunities may include former mining areas which have been or are in the process of being reclaimed…".

- 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 The site designation as an Area of Special Protection for Birds is noted. - 4.2 The Department's Biodiversity Strategy is capable of being a material consideration. - 4.3 The Town and Country Planning (Permitted Development) (Temporary Use or Development) Order 2015 allows for inter alia, "Class A - Permitted Development for operations in connection with another development that has been granted approval following an application to the Department or the Department of Environment, Food and Agriculture A. Permitted development The provision on land of buildings, moveable structures, works, plant or machinery required temporarily in connection with and for the duration of operations being or to be carried out on, in, under or over that land or on land adjoining that land where planning approval has previously been granted following an application, subject to the following conditions". Various conditions are attached for this class, and there are also general conditions that apply to the whole order. The latter include, ""No part of the development may be undertaken — (a) in, on, under or within an Area of Special Scientific Interest (ASSI), an Area of Special Protection or any other sites as designated under the Wildlife Act 1990".

- 5.0 PLANNING HISTORY

5.1 No relevant previous applications identified. - 5.2 There is a separate concurrent application - 21/01208/B for, "Installation of a shipping container for storage of tools and equipment during the development of the nature reserve (retrospective)".

- 6.0 REPRESENTATIONS

6.1 DEFA (Ecology) 08.09.21, "The proposed work is to take place within the designated Ayres Gravel Pits Area of Special Protection for Birds (ASP). The site was designated an ASP in

1. Therefore, Environment Policies 4 and 5 of the Isle of Man Strategic plan are relevant. The Ecosystem Policy Team can confirm that they are happy with the proposed works and working methodology. As the work is being undertaken for the conservation and enhancement of wild birds and their habitats and will be overseen by suitably experienced ecologists, we are confident that the work will be done lawfully and conscientiously and that disturbance of this designated site will be minimal, in line with Environment Policies 4 & 5".

6.2 DOI Highways (26.08.21), Do Not Oppose - "After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency

• and /or parking. The Applicant is advised that a licence may be necessary for the positioning of equipment and materials in the highway",
• 6.3 DOI Flood Risk (08.10.21) Do Not Oppose.

- 7.0 ASSESSMENT

7.1 The key issues are:

• o Principle of development;
• o Ecological Impact;
• o Other Environmental Impact; and
• o Other Considerations.

7.2 Principle of development - The works are intended to enhance the nature conservation value of the site which is currently managed as a nature conservation site. Whilst such works are not specifically allowed for by General Policy 3, they accord with the environmental aspirations of the plan, the Biodiversity Strategy and are specifically allowed for in Environment Policy 27/paragraph 7.21.1. - 7.3 Ecological Impact - The comments from DEFA(Ecology) are noted and relied upon. - 7.4 Other Environmental Impact - No other concerns are identified which would justify refusal. - 7.5 Other Considerations - There are some matters where, given the limited detail provided within the application, conditions should be attached fo the avoidance of doubt.

- 8.0 CONCLUSION

8.1 The development is not in a designated site nor is it an exception allowed for by General Policy 3. However, the proposed works would enhance an existing nature conservation site in accordance with Environment Policies 1, 4 and 27. and no material considerations have been identified which would justify refusal. - 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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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: 13.12.2021

Signed : C BALMER 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

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