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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 23/00386/C Applicant : Mr Scott Bradshaw Proposal Temporary change of use of site for a family festival with associated day parking, camping and motorhomes for 30th June to 2nd July 2023 and 28th to 30th June 2024 and 27th to 29th June 2025. Fields 525114, 525121 and 524105, Rosehill Farm, Richmond Hill IM4 1JG. Site Address Rose Hill Farm Richmond Hill Douglas Isle Of Man IM4 1JG
Case Officer :
Mrs Vanessa Porter Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 09.05.2023
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. 2023 - Any temporary building/s and pre-erected tents hereby approved on this site shall not be in situ before the 23rd June 2023 and shall be removed from the site by the 7th July 2023. The use hereby approved shall not be in operation before the 30th June 2023 or after the 2nd July 2023. The site shall be restored to its former condition within 5 days of the temporary building/s being removed.
2024 - Any temporary building/s and pre-erected tents hereby approved on this site shall not be in situ before the 21st June 2024 and shall be removed from the site by the 5th July 2024. The use hereby approved shall not be in operation before the 28th June 2024 or after the 30th June 2024. The site shall be restored to its former condition within 5 days of the temporary building/s being removed.
2025 Any temporary building/s and pre-erected tents hereby approved on this site shall not be in situ before the 27th June 2025 and shall be removed from the site by the 29th June 2025. The use hereby approved shall not be in operation before the 20th Jun 2025 or after the 4th July 2025. The site shall be restored to its former condition within 5 days of the temporary building/s being removed.
Reason: The application has been approved as an exception to the Development Plan on the basis of need for a period of three years as proposed by the application.
C 2. Live/amplified music shall only be played in accordance with the Schedule of the Events dated received 23rd March 2023.
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Reason: for the avoidance of doubt and in the interests of residential amenities of local residents.
C 3. The application must only be done in accordance with the coloured site plan, received and dated 23rd March 2023.
Reason: for the avoidance of doubt and due to the application being assessed on this information only.
This application has been recommended for approval for the following reason. The proposal is deemed to correspond with the overall principles of Environment Policy 1 and as such recommended for approval.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 23rd March 2023; o Location Plan o A3 Colour Site Plan o Full Moon Festival Traffic Management Plan o Temporary Structures o Schedule of Events o General Details o Event Plan o Emergency Plan o Covering Letter o Alcohol Limits for Camping Area + other rules.
This decision also relates to the following plans and information, dated stamped received on the 20th April 2023; o As built visibility splay o Entrance Plan - Upscaled o Mapping annotated with traffic signage sites o Photos of access __
Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
Beaconsfield Farm Lower Cronkbane Farm Ballachrink
As they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.
The Isle of Man Fire and Rescue and DOI Highway Drainage have written in to raise comments regarding the site and should be afforded interested person status as they have raised material planning considerations as per Article 4(2) of the Department's Operational Policy on Interested Person Status. __
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Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSED USE COULD BE CONSIDERED CONTRARY TO THE LAND USE DESIGNATION AND THE APPLICATION IS RECOMMENDED FOR APPROVAL
THE APPLICATION SITE 1.1 The application site is within the overall Rose Hill Farm site which is situated to the East of Richmond Hill. The site itself encompasses several structures including an indoor area and stables, a main dwelling and several fields.
THE PROPOSAL 2.1 The current planning application seeks temporary approval for three days, for the next three years (30th June to 2nd July 2023, 28th to 30th June 2024 and 27th to 29th June 2025) for day parking, camping and the siting of motorhome in connection with a family festival.
2.2 The coloured site plan provided with the application shows the following areas;
2.3 The following information has been supplied as part of the application regarding the camping, "The venue is not a proper campsite, so we don't have hook-ups for motorhomes.
Fire extinguishers will be placed every 25 meters which is what Unique Fire have recommended and they have offered to supply them. The smaller tents will have their own designated camping area (H2 on the map) as will the larger tents (H3, H4, G4 on the map). These areas are in the main festival field so there is no risk of traffic. The only vehicle that will be moved in this field is the landowner when he empties the bins on Saturday and Sunday morning.
Motorhomes will not move once parked until Sunday at the earliest.
Toilets and washroom will be provided in the camping areas."
2.4 Whilst the approval has been requested for three years the following information is based upon the first year requested, 2023; The occasional Licences are approved subject to three conditions;
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2.5 Additional correspondence has been received from the applicant throughout the Planning process which has provided different information of which the most relevant to the approval is the newest annotated map, dated received 1st May 2023.
PLANNING HISTORY 3.1 The site itself has been subject to several different applications, which have been situated on different parts of the site, PA23/00048/C - Change of use application for additional use of residential property as tourist accommodation. - PERMITTED PA22/01500/B - Convert existing single storey stables adjacent to the main house into 6 self- contained holiday apartments and extend the stables by adding a first floor to provide spacious accommodation and maximise the countryside views - REFUSED PA22/01376/MCH - Minor Change application to PA 18/00886/B to change the roof of the previously approved 1st floor extension from a pitched roof to a flat roof - APPLICATION WITHDRAWN PA18/00886/B - Erection of first floor extensions to provide additional living accommodation - PERMITTED PA11/00968/B - Erection of first floor extensions - PERMITTED PA02/01602/B - Erection of first floor extensions - PERMITTED PA00/02325/B - Erection of agricultural shed - PERMITTED PA99/01942/B - Erection of agricultural building - PERMITTED PA98/00562/B - Utility room / cloakroom extension to dwelling, Rosehill, Richmond Hill, Braddan - PERMITTED PA97/00934/B - Alterations and extensions to dwelling, Rosehill, Richmond Hill, Braddan - PERMITTED PA95/00862/B - Conversion of disused storage building into farmworkers dwelling, former storage building, Rosehill Farm, off Richmond Hill, Braddan - PERMITTED PA95/00249/B - Conversion of disused storage building to living accommodation, Rosehill Farm, off Richmond Hill, Braddan - REFUSED PA91/00271/B - (a) Alterations and extension, and (b) re-siting of drive entrance, Rosehill, Richmond Hill, Braddan - PERMITTED PA88/00413/A - Approval in principle to convert existing farm buildings into dwelling, Rosehill Farm, off Richmond Hill, Braddan - REFUSED
PLANNING POLICY 4.1 The site lies within an area zoned as "Not zoned for development" on the Area Plan for the East. The site is not situated within a Conservation Area nor a Flood Risk Zone.
4.2 STRATEGIC PLAN 4.2.1 The following policies from the Isle of Man Strategic Plan 2016 are considered relevant to the assessment of this application; Strategic Policy 1 which seeks that the use of underused land and buildings should be optimized and development should be located to use existing infrastructure, facilities and services Strategic Policy 4 and Environment Policy 22 which seek that development does not cause or lead to unacceptable environment pollution or disturbance Strategic Policy 8 Spatial Policy 5 which seeks that development in the countryside is in accordance with General Policy 3 General Policy 2 which sets out "general" development control considerations General Policy 3 which sets out exceptions to development in the countryside Environment Policy 1 which seeks that the countryside is protected for its own sake Business Policy 1 which seeks that growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this plan Business Policy 11 Community Policy 7 which seeks to design out crime Community Policy 10
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Community Policy 11 which seeks to prevent the outbreak and spread of fire Transport Policy 1 which seeks that new development should, where possible, be located close to existing public transport facilities and routes Transport Policy 7 which sets out parking standards in accordance with Appendix 7.
REPRESENTATIONS 5.1 The following representations can be found in full online, below is a short summery;
5.2 Highway Services initially considered the application and had concerns (17.04.23), further information regarding visibility splays and additional information was received in response to the concerns, of which Highway Services now state that "the proposal raises no significant road safety or highway network efficiency issues. Accordingly, Highways raise no objection to the proposal." (20.04.23)
5.3 Braddan Commissioners have written in to state that they have "no objection to permission being granted for one year initially and then reapply for subsequent years if no issues arise during the first event." (12.04.23)
5.4 DEFA Ecology have considered the application and initially had concerns regarding the removal of hedging and trees upon the site (11.04.23), and have since stated that after a discussion with the applicant they are happy with the information provided. (14.04.23)
5.5 DEFA Forestry have considered the application and confirmed verbally (Mr Charles Harrison) that they are satisfied with the information provided. (14.04.23)
5.6 Isle of Man Fire and Rescue have considered the proposal and state that they have no objection to the proposal. (05.05.23)
5.7 DOI Drainage have written in and state that the applicant should be aware of Section 58 of the Highways Act 1986 and the guidance contained in section 11.3.11 of the Manual for Manx Roads. (18.04.23)
5.8 The owner/occupier of Beaconsfield Farm have written in initially to state that whilst they have no issues with the festival they do not wish their lane to be used as an emergency exit (14.04.23). A further letter was received to state that the owners of Beaconsfield Farm give their permission for another son to act of their behalf. (21.04.23). A further letter was then received to state that they object to the proposal with their concerns being with the proposed noise levels, trespassers and the safety of their farm animals (02.05.23).
5.9 The owner/ occupier of Lower Cronkbane Farm have written in initially to object to the proposal on several basis's (16.04.23), after a site meeting with the applicant this objection was withdrawn. (25.04.23)
5.10 The owner/ occupier of Ballachrink have written in (23.04.23) to object to the proposal for several reasons including but not limited to, safety, trespassing, damage to their property and animals.
ASSESSMENT 6.1 PREAMBLE 6.1.1 It is necessary to state that this application is assessing the camping side of the proposal only, the reasoning for this is that the festival can be permitted under the Town and Country Planning (Permitted Development) (Temporary Use or Development) Order 2015, Class B - Permitted Development for operations in connection with a permitted use and as such does not need to be assess.
6.2 The main issues to assess as part of this application are;
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6.3 PRINCIPLE 6.3.1 When looking at the Isle of Man Strategic Plan 2016, there are no Strategic Plan policies which guide tourist related developments other than those which encourage the use of existing buildings (Environment Policy 16). However, it is generally accepted that where there is a need for camping facilities in association with particular events on the Island. Whilst these are normally within existing playing fields, as such examples pitches in Colby, Peel Road in Douglas, Ballafletcher in Braddan, Ballaoates Road in Braddan and Port Erin all accommodate temporary camp sites for the TT, Southern 100 and/or MGP periods. When accounting for the fact that the proposal within this application is for a short time period and would be in connection with a specific event, the overall principle of camping is deemed acceptable.
6.4 IMPACT ON NEIGHBOURING AMENITY 6.4.1 Turning towards the possible impact upon the neighbouring amenity with regards to noise, light and litter. General Policy 2 (g) seeks to protect the amenity of local residents with Strategic Policy 4 and Environment Policy 22 seeking to prevent unacceptable impact in terms of pollution nuisance and Environment Policy 22 also highlighting among other impacts, noise and light pollution.
6.4.2 Whilst the information provided states the mitigation that has been taken to limit the noise impact to neighbouring properties, it is inevitable that due to the location of the site and due to the scale/nature of the proposed event that there will be an impact upon the amenity of nearby properties. Objections have been received, of which they are mostly concerning the festival side and not the camping.
6.4.3 Whilst this is the case, the objections are noted and taken on board. The applicant has stated within the information provided and in person that there will be wardens of sort upon the site, this is to help assist in lowering any anti-social behaviour. It should be noted also that the proposal is for a family festival, which will have several family type events on and as such, this in itself should lower any anti-social behaviour.
6.4.4 Overall whilst the planning system cannot control how a site is managed, and nor can it control how people will 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 that the site is properly managed, not only for local residents but also to ensure future possible events.
6.4.5 With the above in mind, the proposal needs to be seen in the context of a short term event which will be benefiting several local artists/ companies with the most likely impact being from noise which has been assessed via other Departments and an occasional licence has been received. Therefore, on balance it is not considered that the amenity impact is sufficient to warrant refusal.
6.5 IMPACT UPON HIGHWAY SERVICES 6.5.1 Turning towards the possible impact upon Highway Services, whilst the proposal did not initially provide enough information for Highway Services, further information was provided which satisfied a lot of the queries raised.
6.5.2 The main points to note are that Highway Services have stated the following, "The access to Rose Hill Farm was altered and improved through a Department of Infrastructure scheme on Richmond Hill around 2009/2010. A requirement of such works was to ensure that the minimum acceptable visibility could be achieved from Rose Hill Farm access. The DOI have provided the applicant with a visibility drawing of the visibility from the access which has now been submitted.
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The drawing shows a minimum of 120m visibility from the access from a 4.5m setback distance. The current requirement was for 120m visibility from a 2.4m setback distance, accounting for the primary residential/equine use of the access. The longer setback distance means that from a 2.4m position, visibility in excess of 120m should be achievable, and in the event of stacking/queuing on exit from the festival, visibility can be gained on approach to the junction. The visibility from the junction is acceptable to Highways.
Access dimensions have now been provided. At the point where the access meets Richmond Hill, the width is approx. 18m. The access is then tapered to a 4.5m width at a point 8m back from the highway. The width of the access is adequate to allow for two way movement in the event that a vehicle is waiting at the junction to exit the site, and another enters from the Douglas bound approach. This will reduce the risk of queuing along Richmond Hill which is high speed and high volume. The width for two way movement is maintained up to the point where the one-way system begins. The operation at the junction will be aided by the traffic management and wardens on site, and the tidal nature of the traffic flow for the event. The access dimensions are acceptable to Highways.
Representations from the applicant/agent as well as neighbouring land owners have clarified that use of the previously labelled 'emergency exit' lane was not permitted, and no right of access was granted. Whilst it was proposed that the exit from this lane would be safer for road users, with the carriageway having returned to single lane for some distance, it is accepted that this lane can no longer be considered for use. With the enforcement of the traffic management plan, exit from the main entrance remains acceptable to Highways.
In addition to the traffic management plan proposed, the applicant is also applying for a 30mph temporary speed limit along Richmond Hill which will extend past the access. It is stated that the proposal has support from IOM Constabulary and other parties, but at this time has not been approved. Planning permission cannot be granted based on the outcome of a separate application, so it is not considered by Highway at this point. However it is recognised that, if permitted, the reduction in speeds along Richmond Hill will create a safer road environment. Nevertheless, requirements for the current 50mph speed limit are met."
6.5.3 As such the proposal is deemed acceptable from a Highway Services point of view.
CONCLUSION 7.1 When looking at the proposal and the site, there is no way around the fact that the site is not designated for development and as such the proposal should be refused on that basis, whilst this is the case, Business Policy 11 indicates that tourism development should be assessed in the same way as any other development.
7.2 The Isle of Man Strategic Plan 2016, General Policy 3 sets put a clear presumption against development in such areas other than for stated exemptions. No information has been provided to demonstrate overriding national need or no reasonable and available alternatives and there are no other published policies that would set out clear 'other material considerations' that would outweigh the development plan.
7.3 However, given the proposal is for a short time period of three days and the overall benefit to the local community via local artists and businesses, it is considered that these could constitute 'other material considerations' that could justify a departure, as outlined within the assessment section of this report.
7.4 Overall whilst there may be concerns regarding the potential impact upon amenity and the potential for some level of control via conditions, the relevant consultees DOI Highway Services, Ecology, Forestry, Fire and Rescue to name a few, do not raise any concerns.
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7.5 As such the proposal is deemed to correspond with the overall principles of Environment Policy 1 and not considered sufficient to warrant refusal.
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); (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.
8.3 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 Interested Person Status. __
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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:...22.05.2023
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
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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PLANNING COMMITTEE DECISION 22.05.2023
Application No 23/00386/C Applicant Mr Scott Bradshaw Proposal Temporary change of use of site for a family festival with associated day parking, camping and motorhomes for 30th June to 2nd July 2023 and 28th to 30th June 2024 and 27th to 29th June 2025. Fields 525114, 525121 and 524105, Rosehill Farm, Richmond Hill IM4 1JG. Site Address Rose Hill Farm Richmond Hill Douglas Isle Of Man IM4 1JG
Planning Officer Mrs Vanessa Porter Presenting Officer J CHANCE Addendum to the Officer Report
Committee approved the application subject to amendment to the Officer recommendation, and to;
Condition 1.
correct the typo to the third paragraph, and the reason for the condition to also include reference to being in the interests of amenity so that the reason for the condition reads
"Reason: The application has been approved as an exception to the Development Plan on the basis of need for a period of three years as proposed by the application and in the interests of amenity."
And condition 4 to be added
C4. Within 3 weeks of the date of the decision notice, details of the fencing to be erected, in particular along the south west boundary of the site, shall be submitted to the Department. The fencing shall be carried out in accordance with the approved details for the duration of each event.
Reason: To protect the amenity of the adjacent properties.
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