Officer Report

Application No.: 25/90457/B Applicant: Comis Holidings Ltd Proposal: The construction of an underpass beneath Ballacutchel Road to link the two existing halves of golf course. Site Address: Land Adj To Comin Hotel And Golf Resort Ballacutchel Road Mount Murray Santon Isle Of Man Planning Officer: Russell Williams Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 30.07.2025 _________________________________________________________________

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 development shall be carried out in strict accordance with the recommendations and requirements set out at Section 5.0 of the ecological survey report dated April 2025 submitted with the planning application. Reason: To provide adequate safeguards for the ecological species existing on the site.
• C 3. The banks to be removed as part of the development hereby approved shall be fully reinstated prior to the use of the underpass first commencing. Reason: In the interests of landscape character and ecology in the area.

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

The proposed development forms part of essential improvements to the Hotel and Golf Resort, which will provide key facilities for the 2029 Island Games and such is considered to represent development of an overriding national need. The proposals will not give rise to any unacceptable impacts upon landscape character, highway safety or ecology and will comply with General Policies 2 and 3, Environment Policy 1 and Transport Policy 5 of the Strategic Plan.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped 2 May 2025:

• AX0556/01 RevA Site Location Plan
• AX0556/02 RevA Existing Plans and Views
• AX0556/03 RevA Proposed Arrangements _________________________________________________________________

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

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMEND FOR AN APPROVAL

1.0 THE SITE - 1.1 The application site of the proposed underpass is located adjacent to the main entrance to the golf club and straddles the east and western sides of the highway. - 1.2 The golf course straddles the 20 mph Ballacutchel Road with play currently requiring two crossings between the various holes. - 1.3 The surrounding area is characterised by an open, managed landscape, consistent with an established hotel and golf resort. The immediate setting of the application site is areas of hardstanding within the golf club premises, with hedge banks bounding both sides of Ballcutchel Road. - 1.4 The site crosses beneath Ballcutchel Road and is on ground that slopes from west to east, connecting the two parts of the golf course.

2.0 THE PROPOSAL - 2.1 The application seeks planning permission for the installation of a underpass beneath Ballacutchel Road to provide a direct, safe connection between the two halves of the course. The underpass is designed to accommodate pedestrian, golf buggy and course machinery traffic, constructed in accordance with appropriate civil engineering and highways standards. - 2.2 The proposal will see a pathway cut into the sloping ground both sides of the highway. Excavations beneath the highway will allow for a prefabricated and reinforced concrete underpass structure to be installed beneath the highway and then ground to the east will be built up to create a level pathway connecting into existing paths on the course. - 2.3 The underpass is designed to accommodate pedestrian, golf buggy and course machinery traffic, constructed in accordance with appropriate civil engineering and highways standards. It will have an internal space of 2.5m in width with a height of 2.5m internally.

- 3.0 PLANNING POLICY

3.1 The site lies within an area not designated for any particular purpose on the Area Plan for the East. The site is not within a Conservation Area, Area of High Landscape or Coastal Value and Scenic Significance or a Flood Risk Zone. - 3.2 General Policy 2 of the Strategic Plan is considered applicable, which states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption." General Policy 3: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

• (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10);
• (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11);
• (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;
• (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14);
• (e) location-dependent development in connection with the working of minerals or the provision of necessary services;
• (f) building and engineering operations which are essential for the conduct of agriculture or forestry;
• (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and
• (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."

3.3 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."

3.4 Transport Policy 5: "Any improvements to the Island's highway network, including the provision of new roads, footpaths, and cycle routes, should be undertaken in accordance with the environmental objectives of this plan."

- 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 Manual for Manx Roads and Active Travel Strategy is a material consideration. - 5.0 PLANNING HISTORY

5.1 The golf course and resort has a long and detailed planning history, though there are no recent applications that are of material relevance to the proposals. - 6.0 REPRESENTATIONS

6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows: Santon Parish Commissioners - No comments received.

DOI Highway Services - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking. Note to attach to permission: The Applicant will need to obtain a S109 highway agreement with DOI for the proposed Tunnel under the publicly adopted highway.

Ecosystem Policy Team - No objection The applicant has provided details of precautionary measures to be taken during construction to safeguard legally protected common lizard and to prevent the spread of the Wildlife Act 1990 Schedule 8 invasive non-native plant species montbretia. The Ecosystem Policy Team have no objection to this application provided that the applicant follows these measures to ensure that an offence under the Wildlife Act 1990 is not committed. Our only slight addition to the method statement would be that excavated material should be temporarily stockpiled in a skip or on a hard surfaced area to prevent spread of montbretia elsewhere on site.

6.2 No representations have been received from members of the public. - 7.0 ASSESSMENT

7.1 The key considerations in the determination of the application are the principle of development, the impact of the proposed development upon the character and appearance of the area and the highway network. PRINCIPLE OF DEVELOPMENT

7.2 The application site is located in the open countryside and on land that is not zoned for any particular purpose. That said, the wider property has been used as a hotel and leisure complex, including golf and health club, for many years and this is now well established as the primary use of the land.

7.3 It is noted that development on un-zoned land is generally restricted by General Policy 3 except in a number of exceptional circumstances. In this regard, the applicant has drawn attention to the proposal is a vital element of forthcoming upgrade works, designed to prepare the golf course and wider facilities for its role as the primary golf venue for the 2029 Island Games. The applicant states that they are "preparing for our role as the designated hub for

• golf at the 2029 Island Games, and the tunnel is integral to a once in a generation opportunity for an upcoming programme of improvements."
• 7.4 The applicant states that "as hosts of the 2016 and 2023 Northern Counties Qualifier and the designated golf hub for the 2029 Island Games the golf course plays a key role in enhancing the island's tourism offering and economic visibility." I would not disagree. The golf course is one of only 8 courses on the Island and this together with the wider facilities are evidently important for the provision of sport/recreation on the Island. It also contributes as an attraction to the wider tourism offering that form part of the property.
• 7.5 Having regard to the importance of the business at the Comis Hotel and Golf Resort as an employer, provider of sport and tourism facilities and accommodation, together with its contribution to the Islands economy, it is possible to adjudge the proposed development to satisfy General Policy 3 (g). The proposal will support the resort in forming the main golf course and facilities for the 2029 Island Games. This satisfied the test of forming development of an overriding national importance and there can be no other reasonable or acceptable alternative site for the underpass to be constructed.
• 7.6 The principle of the development is therefore acceptable. IMPACT UPON THE CHARCATER AND APPEARANCE OF THE AREA
• 7.7 The main visual impact of the proposed development will be the engineering operations to create the pathways to the eastern and western sides of the highway. As indicated on the submitted drawings, this will see land graded and the footpath set down into the ground to the west and the pathway following the graded fall in the land to the east of the highway.
• 7.8 The existing hedge banks above the underpass will be removed as part of the works and subsequently reinstated. The Ecosystem Policy Team have not raised any object to this element of the proposals on ecology grounds.
• 7.9 The development is contained primarily to areas already established with hardstanding and the visual impact of the development will be contained to the immediate landscape setting. It is judged that the visual impact will be limited and there will be no adverse impacts upon the character or appearance of the landscape. The development therefore complies with General Policy 2 and Environment Policy 1. HIGHWAY SAFETY
• 7.10 The installation of the underpass beneath Ballacutchel Road will provide a direct, safe connection between the two halves of the course, reduces footfall across the public highway.
• 7.11 Whilst there will be temporary disturbance to the free flow of traffic along the highway whilst works are carried out to install the underpass, the long term benefits of the development the safety of golfers/pedestrians is evident.
• 7.12 DOI Highway Services do not object to the proposals and it is considered that the development will enhance highway safety in the area.

- 8.0 CONCLUSION

8.1 The proposed development forms part of essential improvements to the Hotel and Golf Resort, which will provide key facilities for the 2029 Island Games and such is considered to represent development of an overriding national need. The proposals will not give rise to any unacceptable impacts upon landscape character, highway safety or ecology and will comply

• with General Policies 2 and 3, Environment Policy 1 and Transport Policy 5 of the Strategic Plan. It is therefore recommended that planning permission be granted.
• 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

9.1 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). - 9.2 Article A10 sets out that the right to appeal is available to:

• 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.

9.3 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. - 9.4 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.

9.5 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 the Right to Appeal.

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: 11.08.2025 Signed : Mr Jason Singleton Presenting Officer

Customer note This copy of the officer report reflects the content of the office copy and has been produced inthis form for the benefit of our online service/customers and archive record.