DEC Officer Report

Application No.: 19/00122/B Applicant: ZipAddress Ltd Proposal: Alterations to existing sod bank to improve vehicular access visibility Site Address: Mountain View Innovation Centre Jurby Road Ramsey Isle Of Man IM7 2DZ Planning Officer: Mr Nick Salt Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 15.03.2019 _________________________________________________________________

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. No works to or on the sodbank outlined in the application plans shall be carried out between 22nd April and 31st August 2019 or 31st March - 31st August inclusive in any subsequent year until the works are completed and the bank relocated.

Reason: To preserve and protect the flora and ecology of the sod bank during the late spring and summer months, in accordance with Environment Policy 4, and following advice from DEFA Ecosystem Policy Team.

Plans/Drawings/Information;

This permission relates to the following plans and drawings, date stamped received on 7th February 2019:

• o 1 Site Plan
• o 2 Location Plan
• o 3 Aerial View existing
• o 4 Aerial view proposed
• o 5 Cross section existing

• o 6 Cross section proposed
• o 7 Photo 1
• o 8 Photo 2
• o 9 Photo 3
• o 10 Photo 4
• o 11 Existing visibility splay
• o 12 Proposed visibility splay _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 SITE - 1.1 The site is Mountain View Innovation Centre, Jurby Road, Ramsey. This complex features a long entrance road through relatively level fields, accessed from Jurby Road to the south. To the west and east of the entrance to the site there is a sod bank bordering the fields to the road. The sod bank and hedging also features 12 trees. Behind this, there are trees planted in the field.

2.0 PROPOSAL - 2.1 The proposal is the relocation of the sod bank to the east (left from the entrance, towards Ramsey) 1.5m further back from the road and to lower it to 0.7m. The new verge would be seeded with grass to match the existing nearer the entrance, and the 12 trees would be felled.

- 3.0 PLANNING HISTORY

3.1 There are a large number of previous planning applications on this site, appeals and some enforcement cases. However, the most relevant are the following planning applications:

• o 01/00538/B Creation of new vehicular access, drive and sign to film studio. Permitted
• on Review. o 02/02070/B Amendments to previously approved film studio complex including ca parking provisions, access drive, landscaping details and the siting of workshop and offices. Permitted on Review.

3.2 Pre application advice was sought by the applicant with regard to the necessity of planning permission for the proposed works in September 2018.

- 4.0 PLANNING POLICY

4.1 The proposal site is in an area designated as 'White Land' - not zoned for development according to the 1982 Development Plan. - 4.2 The following policies of the Isle of Man Strategic Plan 2016 are relevant:

• 4.2.1 Environmental Policy 1 is concerned with the protection of the countryside "for its own sake". Environment Policy 4 states that development will not be permitted which would adversely affect:

"species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape

features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats."

• 4.2.2 Whilst not is an area zoned for development, part of General Policy 2 is related to highways impact and is therefore relevant to this application. Part (h) states that development must provide "safe and convenient access for all highway users." Part (i) states that development must not "have an unacceptable effect on road safety of traffic flows on the local highways."

- 5.0 REPRESENTATIONS

5.1 DEFA Forestry have commented that there is no objection to the tree removal required as part of the work proposed. (05/03/2019). - 5.2 DEFA Ecosystem Policy Officer commented the following: "Though I have no objection to the application as the intention is to retain the sod hedge with reduced height. I recommended that the turfs or top soil from the current sod bank be retained and placed on top of the newly positioned and lowered sod bank in order to retain the existing seed bank and this the existing wildflowers. I also request that no work is undertaken on the sod hedge between the dates if 31st March - 31st August, as per the Manx Hedge management - Code of Best Practise. Sod hedges are an important part of the Manx countryside which support a variety of wildlife including birds, insects, wildflowers and lizards which could be adversely affected of disturbed within this period." (08.03.2019). - 5.3 Lezayre Parish Commissioners recommend the application be approved (11.03.2019).

- 6.0 ASSESSMENT

6.1 The key considerations in the assessment of this application are the visual impacts of the altered verge on the character and appearance of the street scene and the countryside, ecological concerns and the safety implications for access onto the site. - 6.2 Visual Impact

• 6.2.1 Visually, the lowering and moving back of the sod bank would result in a moderate alteration to the appearance of the verge. The removal of the trees would also result in a slightly less natural and more 'manicured' appearance. However, the impact would not be regarded as unacceptably damaging to the countryside appearance. It is also noted that DEFA Forestry have no objections in this respect.

6.3 Highway Safety

• 6.3.1 The visibility splays to the east would be increased as a result of the proposals. The sod bank would be moved back from the roadside roughly following the line close to the access point itself, with a level grass verge between it and the road. The height of the bank would not exceed 1m in height - there would be an unobstructed splay. As a result, visibility when looking east towards Ramsey would increase to 115m. The visibility at the other side is 110m and would remain as is.

6.4 Ecology

• 6.3.2 This part of Jurby Road is derestricted and a relatively fast area for traffic. The Manual for Manx Roads requires visibility splays onto such roads to be 160m in each direction. The proposed access would not meet this distance but is regarded as an improvement on the existing visibility splay which is 35m with egress from the lane somewhat restricted by the verge.

• 6.4.1 The comments submitted by the DEFA Biodiversity Officer are taken into account and assessed relative to the location, nature and scale of the proposal. A condition should be added to approval preventing any works being carried out during the summer months. The Officer has suggested 31st March to 31st August inclusive, however following case officer discussions with the applicant, an alteration to this was agreed which would allow time for the works to be carried out prior to the summer (and overgrown bank leading to poor visibility). The works must not therefore be carried out between 22nd April and 31st August 2019, or 31st March to 31st August in any subsequent year.

• 6.4.2 As the sod bank would be reduced, and as it is both convenient and likely that the new bank would use the existing soil - a condition requiring the reuse of the topsoil is not deemed necessary or enforceable.

- 7.0 CONCLUSION

7.1 In summary, the improvement to highway safety and the visibility splays would outweigh the loss of height of the sod bank and resulting visual impacts. The application is recommended for approval. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated. 8.2 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 in Article 6(4) 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.

Decision Made : Permitted Date: 15.03.2019 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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