DEC Officer Report

Applicant: Mr Christopher Martin Proposal Creation of 2 ponds Site Address Smeale Farm Smeale Ramsey Isle Of Man IM7 3EB Case Officer : Mr Paul Visigah Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 29.04.2022

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. 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 have not been assessed.

• C 2. Within two months of the date of this decision, 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 nature of the proposed scheme, it is important that any that does take place is appropriate.

• C 3. Within two months of the date of this decision, details of the proposed fence proposed new fence on the western boundary of the tree planting and pond areas (shown on the Site Plan received 31 January 2022), including minimum height, materials and positions (entire perimeter) shall be submitted to and approved in writing by the Department. The fence shall be carried out in accordance with the approved scheme and thereafter retained.

Reason: To ensure the implementation and management of a satisfactory scheme and in the interests of the visual amenity of the area.

N 1. This planning approval relates to the retrospective creation of 2 ponds and associated bund earthworks. The planting of trees referenced in the Supporting Statement has not been assessed as it did not form part of the application.

This application has been recommended for approval for the following reason. The proposal is considered not 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 Environment Policies 1, 2, 4 and 27. No material considerations have been identified which would justify refusal.

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

• o Schedule of Plans;
• o Location Plan;
• o Site Plan;
• o DEFA Map of Seale Farm;
• o Plans and Elevations of Ponds;
• o Photo Sheet; and
• o Supporting Information;

All date stamped and received 31 January 2022.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following organisation 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):

Manx Wildlife Trust, as they do not clearly identify the land which is owned or occupied by them which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy, 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.

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:

(DOI) Flood Risk Management Division

________________________________________________________________ Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE DEVELOPMENT AND COULD BE CONSIDERED TO BE CONTRARY TO THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL

1.0 THE SITE - 1.1 The application site comprises part of fields 124454 which is part of Smeale Farm, Smeale, Andreas, located along the A10 (Coast Road). The site is bounded on the southwest end by Blue Mountain Cottage and Old Chapel. - 1.2 The site has its entire frontage lined by a sod bank that rises to about 2.5m high, with the other boundaries also lined by the sod bank. There are tree interspaced along the sod banks. A pond which measures about 422.9 sqm is situated on the eastern side of the site.

- 2.0 THE PROPOSAL

2.1 Planning approval is south for the creation of 2 ponds within the field. Both wildlife ponds would be situated on the eastern side of the site and directly north of the dwellings situated southwest of the field. The works are retrospective, although the planting works and fencing have not been concluded. - 2.2 The first pond which will be elliptical in shape will be approximately 35m by 8m, and be 1m deep at the deepest point. An earth bund about 1m high will run along the entire north, west and south boundary of the pond, which will be about 400mm from the sod hedge on this boundary which is about 2m high. - 2.3 The second pond which will have a somewhat oval shape will be approximately 12m by 9m, and be 1.5m deep at the deepest point. An earth bund will be created on the east and west boundaries of the pond. - 2.4 The ponds shall be enclosed by new tree planting areas which measure 0.18, 0.01 and 0.26 hectares. A new fence shall run along the entire eastern boundary of the ponds and new tree planting areas (details of fence not provided).

2.4 The applicants provided additional information which indicate the following:

• o The two shallow wildlife ponds are created as part of DEFA's Agri-Environment Scheme which seek to encourage farmers to create and improve wildlife habitat in order to enhance biodiversity and sequester carbon.
• o Excavated soil would be used to create the earth bunds.
• o The corner of the field where the ponds would be created are less agriculturally productive area as it has always been very wet during the winter months, with the site clearly designated as a boggy area separate from the general patchwork of fields on the 1860s map.
• o The two shallow dubs are unlined and are not visible from any highway. The only people who can see the dubs are the occupiers of Old Chapel and Blue Mountain to the south of the site.
• o Any overflow from the ponds will flow into the adjacent Curragh are as previously.
• o None of the nearby trees and shrubs will be cut down or lopped and an additional 550 trees have been planted on site recently.
• o No excavated soil has been removed from site as it has been used to create earth bunds to help retain water in the ponds.

- 3.0 PLANNING POLICY

3.1 The site is within an area not designated for any particular purpose and lies within an area of High Landscape or Coastal Value and Scenic Significance under the 1982 Isle of Man Development Plan, and the site is not within a Conservation Area. The location of the ponds (as most parts of the broader site area) are not prone to flood risk although and area situated northwest of the ponds location and outside the site is considered to have high likelihood of surface water flood risk as indicated on the Isle of Man Indicative Flood Maps for River and Tidal Flood Risk. There are no registered trees on site and there are no registered trees on site. - 3.2 Due to the nature of the scheme and the location of the development, the following parts of the Strategic Plan are considered relevant: - 3.3 The site is not designated for development, however, what is proposed is designed to be wildlife-oriented with little visual change in the appearance of the area and would facilitate the interpretation of the countryside, its wildlife or heritage and as such GP3 applies: - 3.4 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

• h) buildings or works required for interpretation of the countryside, its wildlife or heritage".

3.5 Environment Policy 1:

The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix

• 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative.

3.6 Environment Policy 2: The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: (a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential. - 3.7 7.21 Environmental Enhancement

• 3.7.1 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. Such opportunities may include former mining areas which have been or are in the process of being reclaimed. Appropriate reclamation should protect or enhance features of industrial or archaeological significance.
• 3.7.2 Environment Policy 27: The Department will seek to enhance the natural environment, including sites contaminated by former mine workings, along with other Government Departments, local communities, the private sector and all appropriate agencies in order to ensure the appropriate reclamation, water management, planting of appropriate tree species, the management of special habitats including aquatic habitats and the removal of eyesores.

3.8 Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:

• i) pollution of sea, surface water or groundwater;
• ii) emissions of airborne pollutants; and
• iii) vibration, odour, noise or light pollution.

3.9 Strategic Policy 1: Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and underused land and buildings, and re-using scarce indigenous building materials;
• (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services

3.10 Strategic Policy 4: "Proposals for development must:

• (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas and sites of archaeological interest;
• (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and
• (c) not cause or lead to unacceptable environmental pollution or disturbance."

3.11 Environment Policy 4 - seeks protection of ecology and designated sites/protected species.

- 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 The Isle of Man's Biodiversity Strategy (2015 - 2025)

• 4.1.1 "6.0 Aims, objectives and strategic actions By 2025 we aim to:

• o manage biodiversity change to minimise loss,
• o maintain and where necessary restore or enhance biodiversity and
• o actively involve society in understanding, appreciating and safeguarding biodiversity".

• 4.1.2 "Objective 4. Community engagement and understanding By 2025 everyone will understand what biodiversity is, why it is important to our quality of life and will have been empowered to use it more sustainably.

Different methods will be needed to engage different groups of people in biodiversity conservation. These include people whose activities are most likely to affect biodiversity; Government, the main users of land and sea (farmers and fishers) and private companies who manage or use our land and marine resources".

4.2 Wildlife Act 1990

• 4.2.1 Part 30 "Management agreements with owners etc of land

(1) The Department may for the purpose of —

• (a) conserving or enhancing the natural beauty or amenity of any land;
• (b) conserving the flora, fauna or geological or physiographical features of any land; or
• (c) promoting its enjoyment by the public, make an agreement (in this section referred to as a "management agreement") with any person having an interest in the land with respect to the management of the land during a specified term or without limitation of the duration of the agreement".

- 5.0 PLANNING HISTORY

5.1 The site has not been the subject of any previous planning applications that are considered to be materially relevant to the current application. - 5.2 Approval has been granted for similar works at a nearby site at Bees Bothy, Ballakinnag Road, situated west of the application site, only separated by a 30m strip of agricultural field under PA 15/00484/B. The ponds approved under the above scheme is significantly larger than that proposed under the current scheme.

6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. - 6.1 The Department of Infrastructure (DOI) Highways Division confirms that there is 'No Highway Interest' in the letter dated 10 February 2022.

6.2 The Department of Infrastructure (DOI) Flood Risk Management confirms that they 'Do not oppose' in the letter dated 7 February 2022.

6.3 DEFA Inland Fisheries Officer confirms that that they have no concerns in relation to this development from a fisheries perspective. This is due to the nature of the nearby watercourse (ditch) which is not known to contain fish populations (07 March 2022). - 6.4 Andreas Parish Commissioners indicate that they have no objection to the application in a letter dated 3March 2022. - 6.5 Manx Wildlife Trust has made the following comments regarding the application in a letter dated 4 February 2022:

• o They support for the application, which provides for guaranteed Net Biodiversity Gain and helps the Island meet the ambitions of our Biodiversity Strategy 2015-2025.
• o The Island's Nature Recovery Network will be strengthened by the inclusion of such new habitats.
• o The two new dubs in this application are found within Field 124847, which has long been in intensive arable agricultural use. While arable fields are important for some farmland specialist flora and fauna, they are amongst the most ecologically degraded habitats. The
• opportunity to create new wildlife habitats in such areas is therefore very welcome.
• o A study of the 1860s Ordnance Survey of this field shows that wetland habitats were
• once situated in this location; it is therefore especially welcomed that lost habitats are now being replaced.
• o Within the immediate surrounds of Field 124847 can be found several other wetlands, many of which were once open-water 'dub' habitats, which have, in recently decades declined in their ecological interest through drying-up and becoming dominated by Curragh, reducing their importance for wildfowl and certain wetland plant species.
• o MWT's ecological work on site confirmed that no species protected under the various Schedules of the Wildlife Act 1990 (as amended) are present within Field 124847.
• o They provided advice under the Agri-Environment Scheme regarding the design and layout of the dubs, ensuring varied shapes and depths to provide maximum wildlife benefit. These include a shallow, gently-sloping 'draw-down' bank, to benefit wildflowers and overwintering wildfowl such as Wigeon. Also included are deeper, steeply-sided vegetated banks to benefit the Red-listed Eurasian Teal.
• o It is hoped that other Red-listed birds such as Snipe, Woodcock, Water Rail and Amberlisted Mallard, Moorhen and Coot will benefit from these new wetlands.
• o This is an excellent example of sensitive and well-designed habitat creation on a degraded habitat. It is fully in accordance with the stipulations of the Agri-Environment Scheme Handbook and Guidelines and just what the Agri-Environment Scheme hopes to achieve.
• o They request Interested Party Status for this application, as they are the ecological advisers for the application.

- 7.0 ASSESSMENT

7.1 The key issues to consider with this application are:

• i. Principle of development;
• ii. Visual Impact
• iii. Ecological Impact;
• iv. Impact on neighbouring amenity
• v. Other Matters

7.2 Principle of development

• 7.2.1 At present the land where the ponds are situated are essentially very wet soils and has limited, perhaps no, agricultural value and as such has not been farmed for some time, unlike the other parts of the agricultural field which are in constant use. Given that works are intended to enhance the nature conservation value of the site, with minimal visual change in the appearance of the area, in addition to the works facilitating the interpretation of the countryside, its wildlife or heritage it is considered that the scheme broadly aligns with the requirements of General Policy 3. Moreover, the creation of the wildlife ponds accord with the environmental aspirations of the Strategic Plan, the Biodiversity Strategy and are specifically allowed for in Environment Policy 27/paragraph 7.21.1. As such, it is considered that the principle of the development are acceptable.

7.3 Visual Impact

• 7.3.1 In terms of the visual impact of the scheme, it is noted that the ponds are at positions that would not be publicly visible outside the site given the existing sod banks around the site boundary, the presence of the buildings south of the site and the remote position comparative to the position of the abutting highway, although it is acknowledged that there would be private

views from Blue Mountain Cottage and Old Chapel, minding these views are views to a managed habitat which are not unpleasant.

• 7.3.2 Given the above, and the fact that the site already has a larger pond on eastern boundary which could be considered to offer pleasant natural views, it is concluded that the proposal would have an acceptable visual impact and aligns with Environment Policy 2.

7.4 Ecological Impact

• 7.4.1 With regard to ecological impacts, it is considered that the existing pond situated east of the ponds which are the subject of the current application has been very successful in attracting and maintaining wildlife as evidenced in the aerial photographs (Google Maps), and it is considered that the new ponds will complement this.

• 7.4.2 It is also considered that the new ponds will introduce new wildlife habitats within the area, which has to be seen as bringing some benefit into the area. It is also considered that the scheme would not entail any removal of excavated soil from site as this material is to be used to create the earthen bund by the new ponds as part of the proposed works.

• 7.4.3 Given the above, it is considered that the proposal represents an interesting and presently unique form of development which will attract more wildlife to the area and increase the diversity in wildlife offerings for the site, in addition to encouraging more people to visit and better understand the countryside.

7.5 Impact on Neighbouring Amenity

• 7.5.1 In terms of impacts on neighbouring amenity, it is considered that the ponds would be situated about 70.7m from the Blue Mountain Cottage and Old Chapel to the south, and about 64.7m from the residential property at Bees Bothy, Ballakinnag Road which is situated west of the site. Whilst it is noted that 'Bees Bothy' is situated somewhat closer to the ponds, this property has significant tree cover within its site area which would serve to screen it from the ponds (being situated within a Registered Tree area). This does not include the fact that 'Bees Bothy' has a larger pond within its site area, and the sod banks which sits on the boundary of the application site. It is, therefore, considered that the scheme would meet the requirements of Environment Policy 22 in terms of impacts on neighbours.

7.6 Other Matters

• 7.6.1 No other matters have been identified.

- 8.0 CONCLUSION

8.1 Overall, it is considered that the proposed development is considered to be of a scale and nature which would not have an unacceptable impact upon the environment and surrounding countryside. Additionally, the proposed works would enhance nature conservation for the 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 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: 09.05.2022

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 09.05.2022

Application No. : 22/00127/B Applicant : Mr Christopher Martin Proposal : Creation of 2 ponds Site Address : Smeale Farm Smeale Ramsey Isle Of Man IM7 3EB

Planning Officer : Mr Paul Visigah Presenting Officer As above

Addendum to the Officer’s Report

The Planning Committee considered the application at its meeting on 9 May 2022 and agreed with the recommendation to approve the application subject to amendments to Paragraph 7.3.1 of the Officer Report.

The amended paragraph shall read: 7.3.1 In terms of the visual impact of the scheme, it is noted that the ponds are at positions that would not be publicly visible outside the site given the existing sod banks around the site boundary, the presence of the buildings south of the site and the remote position comparative to the position of the abutting highway, although it is acknowledged that there would be private views from Blue Mountain Cottage and Old Chapel, minding these views are views to a managed habitat which are not unpleasant.