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Applicant: Mr David Andrews Proposal Continuation of restoration works rebuilding of gravel bund, re-profiling of the lake edge, new ponds, erection of birdwatching hide. Site Address Manx Birdlife Point Of Ayre Reserve Cranstal Bride Isle Of Man IM7 4BS Case Officer : Mr S Butler Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 16.05.2022
C : Conditions for approval N : Notes attached to conditions
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.
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.
Reason: In the interests of clarity and to ensure the development takes place 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.
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
This decision relates to the following plans/drawings/information (received 28.03.2022): Cover Letter Application Form
Description of Proposals Method Statement Planning Statement _______________________________________________________________ Interested Person Status – Additional Persons None ________________________________________________________________
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:
"This proposal is supplementary and complementary to previously approved application 21/00929/B. Application 21/00929/B was originally submitted with the expectation of works being undertaken during the non-breeding season August 2021 to March 2022. Unfortunately,
due to Covid and other delays beyond our control, this work has not commenced. This new proposal covers work that is planned for August 2022 to March 2023. The two proposals together address biodiversity restoration as well as protection of wildlife from, and safety of, visitors. With these works completed, it is Manx BirdLife's aim to open the reserve to 'controlled' public visiting from circa April 2024.
This proposal includes: the rebuilding of a gravel bund to screen people from the lake and prevent disturbance of the wildlife; re-profiling the lake edge and adding aquatic vegetation to prevent future erosion of the repaired bund whilst providing valuable sheltered habitat for wildlife; a chain of new ponds, a new birdwatching hide.
2.2 The application form confirms full approval sought, existing and proposed use is Nature Reserve, no floor space created, no changes to access, no parking spaces existing/proposed, change to site levels (Around 250t of topsoil will be imported onto site. Truck access is via the existing access track), no new/amended services or drainage/sewage, development not within 15m of trees/hedges, within 9 m of water course and not in flood risk area. - 2.3 The application is accompanied by a method statement and planning statement.
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 emerging Area Plan for the North and West is noted. - 4.4 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 21/00929/B, Creation of three ponds, repair 40m of gravel bund and creation of two gravel islands in existing lake, Manx Birdlife Point Of Ayre Reserve was approved on 15.12.2021 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". - 5.2 It was approved subject to conditions: C1 - 4 years C2 - No approval for the erection of a "future viewing facility") C3 - No excavated material shall be removed from the site and no fill materials may be brought onto the site.
5.3 21/01208/B, Installation of a shipping container for storage of tools and equipment during the development of the nature reserve (retrospective), Manx Birdlife Point Of Ayre Reserve, Cranstal, Bride was approved, "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". It was approved subject to 3 conditions (4 years, colour and no hardstandings/foundations).
6.1 DOI (Highways) (14.04.22) comment, "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking".
6.2 DEFA (Fisheries) (06.05.22) comment, "Care will need to be taken to reduce the possibility of harmful materials such as concrete or washings entering the water course however, I can confirm that DEFA Fisheries Directorate have no objections to this development from a fisheries perspective, provided that there is no adverse effect on the adjacent watercourse. This is due to the nature of both the watercourse and the proposed works". - 6.3 DEFA (Ecosystems Policy) (06.05.22) comment,
"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 2001. Therefore, Environment Policies 4 and 5 of the Isle of Man Strategic plan are relevant.
The site is extremely important for bird life and is host to a wide diversity of bird species, some of which are listed on Schedule 1 of the Wildlife Act 1990, and are red or amber listed on the Isle of Man or UK Birds of Conservation Concern. Wildlife Act 1990 Schedule 7 protected orchids are present in various areas throughout the reserve.
It is an offence to intentionally or recklessly pick, uproot or destroy any wild plant included in Schedule 7. It is also highly likely, because of records from the surrounding area and suitable habitat on site, that viviparous lizards are present. Viviparous (common) lizards are listed on Schedule 5 of the Wildlife Act 1990 and are protected from being intentionally or recklessly killed, injured or removed from the wild; in addition they are protected from disturbance and it is an offence to damage or destroy their places of shelter.
Though the site is undoubtedly of high ecological importance, the Ecosystem Policy Team can confirm that we are happy with the proposed works as they are to be undertaken for the conservation and enhancement of, or to give people responsible admission to view and appreciate, wild birds and their habitats. The works will also 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".
7.1 The key issues are:
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) and DEFA (Fisheries) 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 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 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:
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 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:…23.05.2022
Signed :……S BUTLER……….. 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.
Application No
22/00377/B
Applicant Mr David Andrews Proposal Continuation of restoration works rebuilding of gravel bund, re-profiling of the lake edge, new ponds, erection of birdwatching hide. Site Address Manx Birdlife Point Of Ayre Reserve Cranstal Bride Isle Of Man IM7 4BS Head of Development Management
Mr S Butler
Presenting Officer
As above -
Addendum to the Officer Report
The application was approved by the committee on the basis of the amended case officer recommendation, which added an extra condition to clarify the shape and size of the hide.
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