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Application No.: 21/01208/B Applicant: Manx BirdLife Proposal: Installation of a shipping container for storage of tools and equipment during the development of the nature reserve (retrospective) 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 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: For the avoidance of doubt, to ensure the proposal is carried out in accordance with the submitted details and because the proposal is for a temporary facility and has been assessed on that basis.
Reason: for the avoidance of doubt, to ensure the development takes place in accordance with the approved details and in the interests of visual amenity.
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
E-mail from applicant confirming ownership (13.10.21) Location Plan (Drawing 01) Site Plan (Drawing 02) Drawing showing container dimensions (Drawing 03) Photographs of container Planning Statement _______________________________________________________________
Additional Persons
None _____________________________________________________________________________
THIS APPLICATION IS REFERRED TO THE COMMITTEE AS IT COULD BE CONSIDERED A DEPARTURE FOR THE 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 supporting statement has described the proposals as follows:
"Proposed is retrospective approval for the siting of a container within the site, close to the entrance but out of public view. The container is dark green in external colour and has dimensions of 6m by 2.45m and is 2.9m high and is a typical rectangular cuboid shape. 2.2 The owners and managers of the site, which is being developed and managed as a nature reserve, have items they wish to store securely, items which are required for the development of the reserve. There are presently no buildings on the site although in the longer term, it is proposed to have a range of facilities here: these will not be available for at least five years and the charity managing the site has limited resources and is not completely sure at this early point in the project where the optimal location is for the storage of their equipment. The container, whilst not the most attractive, is not a permanent item and can and will be moved once a more permanent solution is afforded and available".
2.2 The supporting statement also indicates,
"The works are a temporary solution to the need for storage facilities and will enable the Manx BirdLife charity to continue to develop the site with a more permanent, more appropriate storage facility in the future when the funds are available and the optimal form and location are identified. The container is not publicly visible and whilst it may be usual to require a landscaping scheme to screen the view of a structure like this, it is important to maintain the natural character and ecology of the site and as such, the introduction of new planting which would quickly and effectively screen the container would be inappropriate, added to which, the container is not a permanent solution to the storage issues presently facing the charity".
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".
5.1 No relevant previous applications identified.
5.2 There is a separate concurrent application - 21/00929/B for, "Creation of three ponds, repair 40m of gravel bund and creation of two gravel islands in existing lake". - 6.0 REPRESENTATIONS
6.1 DEFA (Ecology) 04.11.21, "The shipping container has been installed within the designated Ayres Gravel Pits Area of Special Protection for Birds (ASP). The site was designated an ASP in 2001. The Ecosystem Policy Team can confirm that we have no issues with this application and the siting of the shipping container and we do not require any more information".
6.2 DOI Highways (22.10.21) - No highways interest. - 7.0 ASSESSMENT
7.1 The key issues are:
7.2 Principle of development - The works are temporary and intended to support the wider improvement works to the site. Whilst such works are not specifically allowed for by General Policy 3, they support works which accord with the environmental aspirations of the plan the Biodiversity Strategy and Environment Policy 27/paragraph 7.21.1. It is noted that the Permitted Development Order for site compounds excludes sites which are designated as this site is, and so the submission of a specific application in this instance has allowed consideration of any impacts on the site (see below).
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 - The application does not include a timescale for removal, which could be conditioned (noting the supporting statement indicates no buildings on site for at least 5 years). It is also noted that no hard-standings or foundations are proposed and a condition could be attached to ensure that none are introduced, for the avoidance of doubt.
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 facilitate wider enhancement of 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:
9.2 The decision maker must determine:
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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