Officer Report

Application No.: 25/90869/B Applicant: Onchan District Commissioners Proposal: Erection of three concrete bays and use of the site for the disposal of biodegradable cut plant material from ground maintenance solely by Onchan District Commissioners (Sui Generis) Site Address: Centenary Park Hillberry Road Onchan Isle Of Man Planning Officer: Vanessa Porter Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 15.01.2026 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The area hereby approved within the red line on Drawing No. EX-01 dated received 23rd September 2025 shall be used only as a site for the disposal/recycling of biodegradable plant material for the purposes of ground maintenance solely for and by Onchan District Commissioners, and operated/retained as such thereafter.

Reason: To ensure proper control of the development and to reflect the information provided in the application, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.

• C 2. No development of the bays or sod bank shall commence until full details of the sod bank, together with a timescale for its installation, have been submitted to and approved in writing by Planning. The approved bays and sod bank shall be installed in accordance with the agreed timescale and retained as such thereafter. Reason: In the interests of the character and appearance of the site and surrounding area.

This application has been recommended for approval for the following reason.

Overall, whilst the proposal does not meet the land zoning it is nevertheless considered to be consistent with the overarching principles and objectives of the Isle of Man Strategic Plan policies. With there being deemed no significant adverse impact on the visual amenities of the site or surrounding area or harm the use and enjoyment of neighbouring land or properties or the highway network. The application is, therefore, recommended for approval.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, dated received on 23rd September 2025;

• o Design Statement
• o Drawing No. EX-01
• o Drawing No. P-01

_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No objection _________________________________________________________________ Officer’s Report

THIS APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE OWING TO THE NATURE AND SCALE OF THE PROPOSAL AND THE FACT IT IS ON LAND NOT ZONED FOR DEVELOPMENT BUT IS RECOMMENDED FOR APPROVAL.

THE SITE

1.1 The application site is within the curtilage of Centenary Park, which is a 10 acre park situated to the East of Hillberry, Onchan. The overall site was originally a quarry, then used as a refuse tip and ultimately became a park, with an application to formulise this in 2015 under PA15/00172/B. The specific part of the site for this application is situated within the middle of Centenary Park. - 1.2 The site is access by the public via a pathway and gate access between No. 39 and 41 Highfield Close, with there being road access for certain vehicles from the main Hillberry Road, this access also serves the pump station/ covered reservoir situated to the East of Centenary Park. - 1.3 The park is separated into sections of which there is a pond, established woodland, new woodland, tree of life field, two memorial woodlands and an orchard. - 1.4 Within the site (the specific part of the application), there is an area blocked off from the public via metal fencing, which has several mounds of soil and grass. - 1.5 Also within the site is a storage container and a shed which are used by the woodlands trust for the maintenance of the overall site. THE PROPOSAL

2.1 The current application seeks approval for the formularisation of the site for the disposal of biodegradable cut plant material and also for the erection of bays with a sod bank to surround the site with a height of approximately 1.2m. - 2.2 The area to be enclosed by the sod bank for the disposal of cut plant material is 39.6m 43.4m by 21m. To the North there is to be a pedestrian access gate (not for the public) and to the South there is to be a new vehicle access gate (not for the public). - 2.3 The proposal includes the erection of three precast concrete modular block bays which are

• 5.6m by 3.2m and to have a maximum height of 2.4m.

2.4 The application has come about due to the need for a Waste Transfer Licence for the works and a refused Certificate of Lawfulness for the use of the site.

PLANNING HISTORY

3.1 The below are applications which have been on the site as a whole; PA11/00717/A - Approval in Principle for the creation of a vehicle park - Refused PA15/00172/B - Creation of woodland centenary park incorporating a nature trail, memorial garden, ponds, tree planting and implement shed - Permitted PA24/00507/LAW - Certificate of Lawful Use by Onchan District Commissioners for green waste recycling - Declined for the following reason; "Based on the evidence which has been submitted as part of the application, it is not considered that, on the balance of probabilities, that it has been adequately demonstrated that the use of the application site as a green waste recycling area, for a period of time in excess of 10 years. As such it is recommended that the application be refused and a Certificate of Lawful Development not be issued." PLANNING POLICY - 4.1 The application site is located within an area not designated for development under Map 6

• Onchan from the Area Plan for the East. The site is not situated within a Flood Risk Zone nor a Conservation Area in respect of ecology.

4.2 There are no policies within the Area Plan for the East which are relevant to the assessment of this application. - 4.3 The most relevant Isle of Man Strategic Policy is Waste Policy 1, which states, "Waste management installations, including landfill sites, civic amenity sites and facilities for the bulking up, separation, recycling, or recovery or materials from waste will be permitted provided that:

• (a) there is an acknowledged need for the proposal in accordance with the approved Waste Management Strategy;
• (b) there is no unacceptable adverse impact on local residents in terms of visual amenity, dust, noise, or vibration or as a result of the traffic generated thereby;
• (c) there would be no unacceptable adverse effect on:

• i. landscapes, geology/geomorphology and features of special interest or attraction;
• ii. Ancient Monuments or their settings;
• iii. Registered Buildings or their settings, or features of architectural importance;
• iv. the character and appearance of Conservation Areas;
• v. sites of archaeological interest;
• vi. sites containing species or habitats of international, national or local importance;
• vii. land drainage and water resources;
• viii. areas of woodland or the Island's timber resources; or
• ix. designated National Heritage Areas.

• (d) the proposal is acceptable in terms of access arrangements and highway safety;
• (e) in the case of landfill sites working shall be in accordance with a phased scheme of restoration and landscaping;
• (f) the proposal does not sterilize other significant mineral deposits; and that
• (g) the proposal will not have an unacceptable adverse impact on airport safety by, for example, increasing the risk of bird strike. Landfill will only be permitted where it can be demonstrated that there is no alternative method for managing that waste. An application involving the installations or facilities referred to in this Policy"

• 4.3.1 Given the nature of the proposal the following policies from the Isle of Man Strategic Plan 2016 are also considered relevant;

• - Strategic Policy 1 - Efficient use of land and resources.
• - Strategic Policy 10 - highway safety

• - Strategic Policy 5 - Design and visual impact.
• - General Policy 2 - General Development Considerations.
• - General Policy 3 - Exceptions for land not designated for development
• - Transport Policy 7 - Parking considerations/standards for development.
• - Business Policy 1 - The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan.
• - Environment Policy 1 - protection of countryside and ecology
• - Environment Policy 4 - protects biodiversity (including protected species and designated sites).
• - Environment Policy 7 - protection of watercourses, wetlands, ponds and dubs
• - Environment Policy 22 - prevention of pollution
• - Environment Policy 23 - improvements to existing facilities must consider existing neighbours.
• - Environment Policy 24 - requirement for Environmental Impact Assessment
• - Transport Policy 4 - New and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan.

4.4 The following paragraphs from the Isle of Man Strategic Plan 2016 are relevant to the assessment of this application;

• 4.4.1 Paragraph 7.18.2 - "For some types of development, EIA's will be required in every case, whilst other development will only require an EIA if the particular project is judged likely to give rise to significant environmental effects. Where development does not fall within these categories, (1) Environmental Impact Assessment is defined in Appendix 1 51 but still has a significant effect on the environment, the Department will require suitable supporting environmental information. The main criteria for judging significance are as follows:

• a. major developments which are of more than local importance;
• b. developments which are proposed in particularly environmentally sensitive or vulnerable locations;
• c. developments with unusually complex and potentially hazardous environmental effects."

• 4.4.2 Paragraph 12.1.6 states - "The Department is responsible for waste management on the Island, and has adopted the following policy: "To develop and promote an integrated Waste Management Strategy embracing

• o reduction;
• o recovery; and re-use
• o recycling;
• o incineration with energy recovery; and
• o landfill, and which recognises the "user pays principle"(1) . [Department of Local Government and the Environment Business Plan 2004/07]"

• 4.4.3 Paragraph 12.1.7 states - "The Government Plan 2006/09 has, within the Quality Environment Aim, the objective "To dispose of the Island's wastes in a safe, effective and efficient manner."
• 4.4.4 Paragraph 12.2.12, "The need for waste management facilities will be assessed against policies set out in the Government's waste management plan, and in particular the waste hierarchy. The Government recognises that to promote sustainable waste management it will need to encourage the development of facilities for reuse, recovery and recycling."
• 4.5 OTHER MATERIAL CONSIDERATIONS

• 4.5.1 OUR ISLAND PLAN 2025-2026 part 8. Deliver a strategy for waste management

• 4.5.2 ISLE OF MAN GOVERNMENT WASTE STRATEGY 2025-2035 - The Strategy responds to the direction set out in Our Island Plan: Building a Secure, Vibrant and Sustainable Future for Our Island, approved by Tynwald in January 2022. It reflects the need for a waste system that

is financially viable, environmentally sound, and tailored to the unique context of Island life. With an overarching vision of: AS AN ISLAND WE AIM TO BE AS SELF-SUFFICIENT AS POSSIBLE IN MANAGING OUR WASTE IN AN ENVIRONMENTALLY AND ECONOMICALLY SUSTAINABLE WAY.

• 4.5.3 THE ISLE OF MAN'S BIODIVERSITY STRATEGY (2015 - 2025) - The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary.

4.6 As a note, Waste regulations on the Island are enforced through the Public Health Act 1990 Part IV Refuse Disposal, and The Collection & Disposal of Waste Regulations 2000. The Majority of the Island's waste management facilities are licenced by way of a Waste Disposal Licence (WDL). With the licensing system ensuring that waste management systems do not;

• - cause pollution of the environment
• - cause harm to human health
• - become seriously detrimental to the amenities of the locality.

REPRESENTATIONS

5.1 Highway Services have considered the application (15.10.25) and state the following, "In consultation response to the planning application 25/90869/B for 'Erection of three concrete bays and use of the site for the disposal of biodegradable cut plant material from ground maintenance solely by Onchan District Commissioners (Sui Generis)' , Highways DC have the following comment: The application is for the formalisation of the ongoing operation carried out by Onchan District Commissioners. It has been advised that vehicular access to the site during spring/summer months will be approx. two visits a day and for autumn/winter months this will reduce to once every couple of days. Access to the site is via the existing lane off Hillberry Road which is shared with MUA for access to a pump station. There have been no recorded personal injury collisions at the location of the access to the adopted highway, and no issues raised over the previous years of operation to indicate the access is unfit for use. As such, with no intensification of use proposed, Highways DC would have no objection to the continued operation. Internally, there is sufficient space within the compound to turn a vehicle to ensure all are entering the lane/highway in a forward gear."

5.2 The following consultees were consulted on the 23rd September 2025 of which no consultation has been received at the time of writing this report;

• - Onchan Commissioners
• - DEFA Forestry
• - DEFA Ecology
• - DEFA Waste Management
• - DOI Waste Operations

ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are;

• - Principle of Development
• - Visual Impact
• - Impacts on Neighbouring Amenity (Noise, Smell, Light)
• - Highway Impact
• - Compliance with Waste Policy 1

- 6.2 PRINCIPLE OF DEVELOPMENT

• 6.2.1 The starting point for any application within land designated as "not for development" is whether the proposal would comply with the relevant planning policies in connection with the site designation as per section 4 of this report, especially when noting that within land zoned

as "not for development" there is a general presumption against development unless it meets the exceptions within General Policy 3.

• 6.2.2 This application was brought about due to the Certificate of Lawfulness being declined for the following reasoning, "Based on the evidence which has been submitted as part of the application, it is not considered that, on the balance of probabilities, that it has been adequately demonstrated that the use of the application site as a green waste recycling area, for a period of time in excess of 10 years. As such it is recommended that the application be refused and a Certificate of Lawful Development not be issued."

• 6.2.3 The Certificate of Lawfulness was declined due to there not being sufficient evidence provided to demonstrate that the area shown on the location plan for the Certificate of Lawfulness had been used for green waste recycling for Onchan District continuously, in the same area, at the same level of intensity for the same purpose for a period in excess of 10 years. With specific emphasis being on "in the same area, at the same level of intensity for the same purposed for a period in excess of 10 years."

• 6.2.4 The past history of the site does show some engineering works with regards to the movement of green waste and as such there could be an exemption under General Policy 3 (h) "building or works required for the interpretation of the countryside, it's wildlife or heritage." Especially when noting that the site itself as a whole requires a certain amount of maintenance, of which the composting on site will facilitate this maintenance and the maintenance of the green spaces around Onchan as a whole.
• 6.2.5 Overall the principle of the development aligns with the basis of General Policy 3 (h) and the underlining emphasis under Strategic Policy 1 (b) which seeks to ensure the efficient use of sites, taking into account the needs for landscaping and amenity standards.

- 6.3 VISUAL IMPACT

• 6.3.1 Turning towards the visual impact of the proposed development on the site and the surrounding area, it is considered that the proposed development would result in a more uniform appearance to the site and area.
• 6.3.2 During the officers site visit it could be seen that the existing site where the biodegradable material was unsightly looking whilst only in one corner, the site was still easy to access from the public accessible areas and the proposed development would improve this situation.
• 6.3.3 Whilst the creation of a uniform area would district from the overall environment of a public accessible area, ultimately it will not impact the site above and beyond what is currently in place, especially when noting that the existing covered reservoir is highly visible.
• 6.3.4 From further afield, the site due to the woodland and the overall gradient of the site, the proposed area will be concealed from the main Hillberry Road, and as such it is deemed to be an acceptable form of development when considered in the light of General policy 2 (b & c).
• 6.3.5 Overall, the proposal is considered to make a positive contribution to the wider environment when viewed from the directly inside the site. Whilst not ultimately in keeping with the surrounding streetscene, there is not deemed to be adverse visual impacts on the character of the site or the surrounding area.

- 6.4 IMPACTS ON NEIGHBOURING AMENITY

• 6.4.1 In assessing the potential impacts on neighbouring amenity as a result of the proposed development, the main concern here lies in the potential for smells and other air pollution concerns, as well as water pollution as a result of surface water flows from the exposed facility.

• 6.4.2 The closest neighbours to the proposed site are situated to the West of the proposal, with "Cronk Ny Mona" being the closest to the works at approximately 76m, followed by "Hunters Moon" being approximately 90m away, "Cronk Ny Mona House" being approximately 99m away and "Signpost Cottage" being approximately 119m away from the proposed site. When noting the amount of mature woodland which is between the properties and the distances from the proposed site and the neighbouring properties, it's deemed that there would be minimal impacts from the proposal.
• 6.4.3 It is also not considered that there would be any impacts on neighbouring amenity related to light pollution as the proposal does not propose to install any outdoor lighting. Moreover, the planning statement provided states that "operations will not be undertaken unless during normal working day where daylight would be a source of lighting."
• 6.4.4 Similarly, the impacts associated with the use of the facility in terms of vehicular movements will remain unchanged as there would be no change to the mode of operation of the facility.
• 6.4.5 It is noted that the operations of the site could create other concerns related to dust, odour and noise. However, the operations of the site is subject to other regulatory controls such as the Waste Disposal Licence and Environmental Health legislation which will be subject to conditions requiring appropriate protection of health and the environment. Therefore. It is considered that no specific planning conditions are required to control these.

- 6.5 HIGHWAY IMPACT

• 6.5.1 In assessing the highway impacts of the current scheme, it is considered that there would be no alterations to the site entrance which is considered suitable to support the proposed use, and it is not proposed to increase the intensity and mode of operations for the site. This will ensure that vehicular access and exit from the site is acceptable.
• 6.5.2 Due to the functions of the site, there is no need for permanent parking on site, with the site facilitating the movements of any vehicles suitably.
• 6.5.3 In addition, Highway Services have reviewed the proposal and raise no objection to the application. Therefore, it is considered that the proposal would align with TP1, 4 and 7, and GP 2 (h&I) of the Strategic Plan, which relate to highway safety and parking requirements.

6.6 COMPLIANCE WITH WASTE POLICY 1 and EIA

• 6.6.1 It is considered that the proposed green waste recycling facility does not trigger the requirement for an Environmental Impact Assessment under the relevant thresholds and criteria, as the scale, nature, and operational characteristics of the development are not of a magnitude likely to give rise to significant environmental effects. While the Isle of Man Strategic Plan 2016 recognises that waste related proposals must be assessed for potential environmental impact, the modest footprint, limited processing volumes, and controlled operational parameters of this facility mean that any effects can be satisfactorily addressed through normal development management controls. Accordingly, the proposal is not regarded as development of a type or scale that would necessitate formal EIA, and the absence of an EIA is therefore justified.
• 6.6.2 Due to the site being for recycling it's required to comply with Waste Policy 1. When looking at part a) of Waste Policy 1 it requests that there is an acknowledged need for the proposal in accordance with approved Waste Management Strategy. The Isle of Man Government Waste Strategy 2025-2035 has a requirement for a waste systems of which the proposed site would be applicable in being acceptable. As such the proposal is deemed to comply with part a) of Waste Policy 1.

• 6.6.3 Part b) which states that there is no unacceptable adverse impacts on local residential in terms of visual amenity, dust, noise or vibration or as a result of the traffic generated by the proposal. This has been assessed above with there being no adverse impacts being recognised from the proposed works and as such the proposal will comply with part b) of Waste Policy 1.
• 6.6.4 Turning towards part c), there are several points to consider, of which the proposed works are deemed to be acceptable and would not have an unacceptable adverse effect on parts i to ix and as such deemed to comply with this part of Waste Policy 1.
• 6.6.5 With regards to part d) this has been assed above in part 6.5 of this report and as such the proposal is deemed to comply with part d) of Waste Policy 1.
• 6.6.6 Lastly turning towards part e) to g) of Waste Policy 1, the proposal is not deemed a landfill site, as such part e) does not apply, the proposal is not deemed to sterilize other significant mineral deposit and as such part f) does not apply and the proposal is not near an airport, as such part g) does not apply.
• 6.6.7 Based on the above, the proposed is deemed to comply with Waste Policy 1 of the Isle of Man Strategic Plan 2016.

RECOMMENDATION

7.1 Overall, whilst the proposal does not meet the land zoning it does fit within the overall principles of the Isle of Man Strategic Plan policies, with there being deemed no significant adverse impact on the visual amenities of the site or surrounding area or harm the use and enjoyment of neighbouring properties or the highway network. The application is, therefore, recommended for approval. RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

8.2 Article A10 sets out that the right to appeal is available to:

• o applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

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 and/or rights to appeal.

Decision Made: Permitted Date: 26.01.2026 Signed : Miss Abigail Morgan Presenting Officer

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