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The application is before the Planning Committee as the proposal is on land not designated for development, therefore the proposal is directly contrary to the provisions of the Development Plan.
The application site represents the curtilage of The Ayres Visitors Centre, Ballaghennie Road, Bride, which is a single storey detached property located on the northern side of the Ballaghennie Road and runs along the northern coast line.
The application seeks approval for the erection of an observation platform for public viewing of the foreshore, heath land and sea. The applicants have indicated that the proposal would be of a similar construction and design to the platform that exists at Close Sartfield Nature Reserve.
The deck height would be 3.7 metres above ground level. The overall height, including the balustrade would be 4.9 metres. Timber stilts would be used to raise the decked platform. The proposal would have a width of 5 .1 metres and a depth of 3.6 metres. The proposal would be constructed of timber.
The application site is within an area recognised as being "Areas of Land Owned by the IOM Forestry, Mines & Lands Board or the Government Property Trustees" under the Isle of Man Development Plan Order 1982. The site is also within an area of Nature Conservation Zones, Nature Reserves and Sites of Ecological Importance for Conservation and within an area of High Landscape or Coastal Value and Scenic Significance.
Due to the zoning of the site, and the nature of the proposed development, the following Planning Policy is relevant in the consideration of the application:-
"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:
"Environment Policy 2: The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:
"Environment Policy 4: Development will not be permitted which would adversely affect:
Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."
The previous planning applications are considered relevant in the assessment and determination of this application:-
Installation of two solar panels on roof and erection of wind generator mounted on a five metre high pole - 06/01252/B - APPROVED
Erection of interpretation notice board - 01/02337/D - APPROVED
Bride Parish Commissioners:- "No objection"
Highways Division:- "Do not oppose has no adverse traffic management, parking or road safety implications."
The Planning Authority has received no privately written representations objecting to the proposal.
The starting point is whether the principle of the development is acceptable given the zoning of the site.
General Policy 3 lists 8 possible exceptions for development on land not zoned. Exceptions (e), (g) and (h) are arguably the most relevant and are listed above. It is not considered that the proposal is a necessary service, so it would fail (e), nor could it reasonably be argued that it is of over-riding national need, so it would fail (g). However, the purpose of the platform is to allow observation of the foreshore, heathland and sea in a location that is designated as a Nature Conservation Zone. Given this, it is considered that the proposal does seek to aid interpretation of the countryside, its wildlife and heritage and consequently complies with part (h).
The proposal would be sited 28 metres northeast of the existing single storey Visitor Centres. The decked area would be located two metres north of the existing car park/turning head which serves the Centre.
The contours of the land formed by the sand dunes to the north, east and west, would help to reduce the appearance of the observation platform from the beach. Furthermore, an appropriate condition regarding the colour (i.e. similar colour as the dunes) of the observation platform would help reduce the visual impact from the Visitor Centre and views from the south of the site.
Given the height of the platform, it will be apparent from a number of locations in the area. Again it could be argued that due to the timber construction and the method of construction (i.e. stilts) this method helps reduces the massing of built development and therefore reducing the visual appearance, compared to a solid built structure which would be greater in terms of massing.
The proposal would be open to members of the public and would complement the existing Ayres Visitor Centre.
Overall, whilst the proposal would be apparent within the landscape, it is considered given its siting, the topography of the land and the method of construction, it would not have a significant adverse impact upon the visual amenities of the area.
Overall, for the reasons set out in this report, it is considered the observation platform which would provide an appropriate facility for members of the public, it would comply with the relevant policies as indicated within the Isle of Man Strategic Plan and therefore it is recommended that the application be approved.
It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 26.05.2011
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the erection of an observation platform as proposed in the submitted documents and drawings LP1, LP2, P1, P2, ISO1, ISO 2 ISO 3 and ISO 4 all received on 6th April 2011.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made: Committed Meeting Date: 17/6/11 Signed: [Handwritten Signature] Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
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