DEC Officer Report

Application No.: 22/01390/B Applicant: Mr Lee Cain Proposal: Creation of three Dubs (farm ponds) to encourage wildlife Site Address: Part Field 324639 Trollaby Farm Trollaby Lane Union Mills Isle Of Man IM4 4AW Planning Officer: Mr Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 13.04.2023

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. The overflowing pipes should be constructed according to drawing no. 4, 6, 8, 11 date stamped as having been received on 13th February 2023 and should be retained and well maintained thereafter. Reason: to minimise flood risk on downstream area.

This application has been recommended for approval for the following reason. This application is considered to comply with General Policy 2, General Policy 3, Environment Policy 1 and Environment Policy 13 of the Strategic Plan.

Plans/Drawings/Information;

This approval relates to the documents, location and boundary plan, aerial photographs, site plan and drawing no. 5, 7, 8A, 12 date stamped as having been received on 13th October 2022; and the additional information and drawing no. 4, 6, 8, 11 date stamped as having been received on 17th February 2023.

_______________________________________________________________ Interested Person Status – Additional Persons

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

1.0 THE SITE - 1.1 The site is Field 324639, Trollaby Farm, Trollaby Lane, Union Mills.

2.0 THE PROPOSAL - 2.1 The proposal is the creation of three ponds.

- 3.0 PLANNING HISTORY

3.1 There is no previous application considered materially relevant to this application. - 4.0 PLANNING POLICY Site Specific

4.1 The site is outside areas designated for a specific land use and is therefore considered to be part of the countryside.

Strategic Policy

4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:

• o Strategic Policy 3, 5
• o General Policy 2 (b), (c), (g)
• o General Policy 3
• o Environment Policy 1, 13
• o Community Policy 7, 10

PPS and NPD

4.3 No Planning Policy Statement or National Policy Directive is applicable to this application.

5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance

5.1 There is no strategy or guidance considered materially relevant to this application. - 6.0 REPRESENTATIONS

6.1 Marown Parish Commissioners has no objection to this application (17.03.2023).

6.2 DoI Highway Services states there is no highway services in this application (22.02.2023).

6.4 DoI Flood Risk Management Division (FRMD) does not objection to this application (24.02.2023) after overflow measure were introduced. The comment recommend the measures to be conditioned. - 7.0 ASSESSMENT

7.1 The key consideration of this application is its impact on the character and streetscene of the area, the environment and on flooding.

7.3 The proposal is not readily visible to the public. Therefore, it will not have an impact on the character or streetscene of the area.

7.4 The ponds will have a positive impact on the environment by promoting biodiversity.

7.5 The overflow measures is accepted by FRMD and will be conditioned to minimise flood risk. - 8.0 CONCLUSION

8.1 The proposal is considered to comply with General Policy 2 and Environment Policy 1, Environment Policy 13 of the Strategic Plan. Therefore, it is recommended for an approval. - 9.0 INTEREST 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 which 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.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 26.04.2023 Determining officer

Signed : A MORGAN Abigail Morgan Principal Planner

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