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23/00287/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00287/B Applicant : Department Of Enterprise Proposal : Temporary TT Accommodation and associated facilities for 2023 and 2024 only Site Address : Former Prison Site Victoria Road Douglas Isle Of Man
Principal Planner: Mr Chris Balmer Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 03.04.2023 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. 2023 - The temporary building/s hereby approved on this site shall not be in situ before the 12th May 2023 and shall be removed from the site by the 17th June 2023. The use hereby approved shall not be in operation before the 26th May 2023 or after the 12th June 2023. The site shall be restored to its former condition within 5 days of the temporary building/s being removed.
2024 - Prior to the occupation/use of the land for the temporary TT Accommodation and associated facilities as for the 2024 TT, dates shall be submitted to and approved in writing by the Department for the 2024 TT periods which outline the setup, operation and take down periods/dates. These agreed dates shall be fully adhered too.
Reason: The application has been approved as an exception to the Development Plan on the basis of need for the TT event only and for a period of two years as proposed by the application. Exact dates for the 2024 TT are not yet known.
C 2. Visibility splays of 2.4m x 43m in both directions to the nearside kerb line from the site access to be used as the exit shall be provided prior to first use of the development, and maintained as such unobstructed whilst the site is in use, with nothing above 1m in height within the visibility splay areas.
Reason: In the interests of highway safety.
C 3. The parking and motorcycle spaces as shown on drawing "P02 extra cabin" shall be provided and ready for use prior to the occupation of any unit and retained for such use during the temporary period/s (Outlined in C 1).
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Reason: to maximise the number of parking spaces that could be accommodated on the site to limit any overspill parking onto the public highway.
This application has been recommended for approval for the following reason. It is concluded the proposal would be acceptable for a temporary period only and would not significant affect public or private amenities and comply with General Policy 2, Business Policy 11 and Transport Policy 4 of the IOM Strategic Plan 2016.
Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 01.03.2023. __
Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.0 THE APPLICATION SITE 1.1 The application site is the curtilage of the former prison site along Victoria Road in Douglas. The prison has been demolished in recent years and is now cleared.
2.0 THE PROPOSAL 2.1 The submitted application seeks planning approvals for the Creation of temporary tourist accommodation units and associated facilities for the 2023 and 2024 Classic TT periods only. The proposal includes 180 (up from 168 units in previous years) tourist living accommodation units, 13 staff units/stores and associated facilities. The TT periods in question would run from 29th May to 10th June for 2023 and 27th May to 8th June 2024, albeit the latter might be subject to change.
2.2 The was some initial confusion in relation to the timings of the proposal, as the submitted statement indicating that the applicants required a minimum of 14 days setup period before the TT starts and a takedown period of 5 days after the TT period. However, the statement then indicated that the setup period would be from the 1st of May 2023 (would be 28 days before TT on the 29th May) and then the removal commencing on the 13th June and cleared before the end of June (i.e. possibly 30th June) which could equate to 18 days after the TT has finished. This would result in the overall operation lasting a maximum of 61 days. This raised some concern. Accordingly, this concerns was raised with the applicants who indicated the following;
"...for the avoidance of doubt the first bunkcabins are scheduled for delivery to site on the 1st May 2023 and we have a scheduled removal of the final cabins by the 21st June 2023.
As you will appreciate we require a slightly longer set up period than previous years, as we have more units to install (and remove) and along with a weather buffer and to reduce the risk of any unexpected eventualities, in order to ensure we avoid a disaster of not being ready to open on 26th May 2023.
We found in 2019 that we only just got 100 cabins set up and operational on the day of opening and in 2022 we only had a day or so to fine tune the site with 168 cabins.
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The delivery, erection and removal of the temporary village facility is a major logistical exercise and under the control of several limiting factors :-
The setup/removal of the Village requires the following :- a) Utilities setting up temporary power, drainage and water supplies. Seven manholes to be prepared, tested and approved. b) The physical road mileage and ferry transportation of some 51No 13-metre trailers carrying the cabins to and from the Island, at the ferries busiest time of year. c) Working with limited space on the IOMSP and reduced availability of trailers and drivers, limited marshalling area at Heysham and more so, in Douglas where the harbour generally has to be cleared within a few hours of arrival and above all limited room to marshal trailers within the Village site. d) Requirement for one week of QC checks on cabin installation, fire officer and environmental health department approvals, water, electric and drainage connections to each cabin and the marquee and disconnections of same. e) Crane availability for the removal and installation of each cabin, as cranes are also linked with undertaking TT duties,
There is a lot of potential for unexpected delays, for example :- a) Caused by weather (we have been very lucky in 2019 and 2022 that ground was relatively dry with very little rain and also that the crane operation was not restricted by winds over 20mph) . We also avoided any shipment delays in 2019 and 2022 due to weather. b) Logistical problems affecting IOM Steam Packet, one day was totally lost in 2022 (with crane and full crew on site) due to an unexpected loading problem at Heysham. c) Crane breakdown
On a general point: as the TT operation, in line with IOMG policy, has sought to become more professional in its set up and presentation of the races and the Island, it has inevitably sought more time to set up the thousands of bits of infrastructure involved in delivering a successful event without any last minute hitches. Installation of TT course roadside safety structures and signage used to start in mid-May but now commences in April in recent years for good reasons."
2.3 Accordingly, the current proposal is seek approval for the first delivery of bunkcabins on the 1st May 2023 and the final removal of the bunkcabins would leave the site on the 21st June. This would result in the total operation of the proposal; of setup, operation and take down being over a period of 52 days, being operational for 17 days.
2.4 For information the 2022 TT period which ran from the 27th May 2022 till 12th June 2022, with a set up period of 8 days and 4 days to remove from site was in place for a total of 29 days, operational for 16 days.
2.5 The 180 tourist bunkcabins, which have the appearance of a portacabin buildings, which would be positioned in 6 parallel rows (generally 30 in each row) within the upper to central part of the site. Each unit would provide two single beds and a bathroom. The clients for this accommodation will be a mix of corporate guests of sponsors, European visitors and short stayers, who will predominantly be flying to the event.
2.6 The proposal includes the erection of a marquee building, which would be used to serve guest a continental style breakfast. Tea and coffee refreshments would also be provided. There will be no retail or alcohol sales and no music/performance events on the site. New to this application compared to previously years is the introduction of 13 staff units/store along the north-eastern boundary of the site, running parallel with Victoria Avenue. Additional motorbike parking is proposed within the site and within the neighbouring site (part of red line) which is new.
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2.7 The applicants anticipate that very few guests will have their own transport: the corporate guests profile indicates they will be transported by sponsor's vehicles or utilise either taxi or minibus arrangements to site. Notwithstanding this, there is provision for 40 cars and a number of motorcycles parking within the existing hardstanding area adjacent to the entrance of the site.
3.0 PLANNING HISTORY 3.1 The previous planning application on this site which is considered relevant to the determination of this application: 3.2 Creation of temporary tourist accommodation units and associated facilities for the 2022 Classic TT and Grand Prix period - 22/00103/B - APPROVED
3.3 Creation of temporary tourist accommodation units and associated facilities for the 2022 TT period - 22/00102/B - PENDING CONSIDERATION
3.4 Creation of temporary tourist accommodation units and associated facilities for the 2020 festival of motorcycling (21.08.20 - 06.09.20 inclusive) - 20/00255/B - APPROVED
3.5 Installation of 150 tourist living accommodation units and associated facilities for the 2019 TT period - 18/01346/B - APPROVED subject to the following conditions:
4.0 PLANNING POLICY 4.1 The application site is within an area designated as "predominantly residential" under the Area Plan for the East 2021. The site is not within a Conservation Area.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan contains four policies that are relevant to the assessment of this current planning application. The planning application should be assessed against both General Policies 2 and 3: while the latter refers only to land not zoned for any development, some of the general principles of General Policy 2 with respect to the character of the area and impact upon highway safety.
4.3 General Policy 2 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."
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4.4 General Policy 3 states: "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, historical, or social value and interest (Housing Policy 11) (c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental 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-dependant 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."
4.5 Business Policy 11 states: "Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designations which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be situations where existing rural buildings would be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted."
4.6 Transport Policy 4 states: "The 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."
5.0 REPRESENTATIONS 5.1 Douglas Borough Council does not oppose (04.02.2022).
5.2 Highway Services comment (17.03.2023): " - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking given previous planning approvals. Arrangements for travel to and from site are predominately noncar based. Consideration should be given to repeating condition 3 of PA22/00102/B on visibility, and restricting use to the 2023 and 2024 TT periods as well as to cover the duration for erection, dismantling necessary, plus for any necessary ground reinstatement at end of period. Highway licences may be necessary for advance signing on the highway."
6.0 ASSESSMENT 6.1 There are no specific policies in the Development Plan which relate to camping/temporary unit uses. The application therefore needs to be judged on its own merits, having regard to the visual impact of the proposed temporary accommodation, the impact upon highway safety, and finally the impact upon neighbouring properties.
VISUAL IMPACT OF THE PROPOSED TEMPORARY ACCOMMODATION 6.2 The site located on a corner plot would result in the proposed development being is clearly visible from Victoria Road, Victoria Avenue and Upper Dukes Road. The proposed temporary buildings are not of architectural quality; they essentially appear as rows of portacabins. They are purely 'function of form'. If this application was proposing the units on a permanent basis, then it would be strongly resisted as they are not an appropriate form of development within the area. However, being operational for 17 days only (previously 16
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days) and with no neighbour complaints received it is consider this operational period on a temporary period, is again acceptable. The setup and take down periods are increasing from 29 days previously approved, to 52 days albeit the reasons indicated by the applicants appear to be reasonable. Again this application being for a temporary period gives comfort that should there be a disturbances to neighbouring amenities, this would be for a limited period. Further, if there are any subsequent application for a similar scheme and neighbours' concerns where raise, the Department may re consider the overall length of the periods mentioned, in any subsequent application. Further, it is considered the very temporary needs for this proposal, outweigh the visual harm it would cause.
THE IMPACT UPON HIGHWAY SAFETY 6.3 The site is situated within Douglas and is on a main bus route for public transport into Douglas as well as good connections throughout the Island. The site is also within close proximity to the Grandstand/ TT course making it a logical location for the proposed use. As highlighted by the applicants the likely occupants would not necessarily have their own vehicles, relying on sponsors' vehicles/taxis/mini buses. Further, the proximity to the Grandstand and Douglas Town Centre also helps reduce the reliance on private vehicles; as such areas are also within walking distance. A condition should be attached which requires a plan being submitted (as previously attached) showing the required visibility splays of 2.4m x 43m in both directions to the nearside kerb line from the site access to be used as the exit. These can be provided, albeit will require the lowering of a section of stone walling, which is also considered acceptable. It does not appear these where undertaken and therefore the previous operation of the site in 2019 could be considered to be used unlawfully as they failed to meet the required conditions.
IMPACT UPON NEIGHBOURING PROPERTIES 6.4 Clearly the proposal will have an impact upon neighbouring amenities, namely people coming and going from the site throughout the day and night. The proposal would appear to be trying to resolve the potential impact with the position of the units away from residential properties to the southwest of the site and ensuring that no alcohol/music is provided within the marquee building. Further, comfort is had that it is not envisaged that large amount of vehicles would come and go from the site for the above reasons previously stated. The applicants have also indicated that the site would be manned by a site manager, located on site in a temporary office, supplemented by security and housekeeping staff who will service all rooms within an onsite collection of laundry and refuse.
6.5 Weight is also attached to no objections being received from neighbouring residents (even after the site has operated before) and also given the temporary nature of the proposal which would be operated for 17 days, which similar to what has previously been approved (16 days). It should be remembered that the planning system cannot control how a site is managed, and nor can it control how people behave or the hours of the day that people would come and go from the site. It is true; however, that it is clearly in the operator's interest to ensure the site is properly managed. They have includes staff accommodation/buildings on site, so it would appear they are ensuring staff supervision is on site 24hrs a day while the site is in operation.
7.0 CONCLUSION 7.1 Due to the reasons stated, it is concluded the proposal would be acceptable for a temporary period only and would not significant affect public or private amenities and comply with General Policy 2, Business Policy 11 and Transport Policy 4 of the IOM Strategic Plan 2016 and therefore the application is recommend for an approval.
8.0 INTERESTED PERSON STATUS 8.1 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);
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(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 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.
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 above who should be given Interested Person Status. __
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.
Decision Made : Permitted
Committee Meeting Date: 11.04.2023
Signed : J CHANCE Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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