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23/01211/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/01211/B Applicant : Mrs M Simpson Proposal : Variation of conditions 1 and 4 of PA 21/01503/C to allow weddings to be held until the end of 2025 and for a reduced time between weddings Site Address : Kielthusthag Lodge Smeale Ramsey Isle Of Man IM7 3EB
Planning Officer: Mr Hamish Laird Photo Taken : 27.01.2022 Site Visit : 27.01.2022 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 22.11.2023 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The use hereby permitted shall cease by the 01.04.2025
Reason: the development has been approved on a temporary basis to allow the impact on amenity and success of proposed mitigation measures to be gauged in light of events.
C 2. The measures to prevent on-street parking as set out in the approved details must be implemented in full at any time the wedding reception is in operation.
Reason: in the interests of local amenity and highway safety.
C 3. No helicopters, associated with the wedding venue, shall be permitted to land on the site, or elsewhere within the property (land edged in blue on the approved site plan).
Reason: in the interests of local amenity and the wellbeing of nearby livestock.
C 4. No more than 8 wedding reception events shall take place in any one calendar year, and no more than 1 event shall take place in any 2 week period.
Reason: in the interest of local amenity and wider ecology.
C 5. Marquees and temporary toilets may not be in place more than 3 days prior to and 3 days after an event.
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Reason: in the interest of local amenity and wider landscape.
C 6. No lighting, associated with the use as wedding venue, shall be installed at the site unless in accordance with details which have first been approved in writing by the Department
Reason: in the interest of local amenity, wider landscape and ecology.
C 7. Each wedding event shall cease by midnight and no guests shall be permitted to remain on the property for more than 30 minutes following the event ceasing.
Reason: in the interest of local amenity.
This application has been recommended for approval for the following reason. The previous analysis in terms of economic benefits and potential impacts as set out in the Case Officer Report and Planning Committee minutes for 21/01503/C is noted. The application proposes the operation of the property as a wedding venue, through to the end of the Calendar year of 2025 (31.12.2025). Although, in reality no events would occur after the end of September, 2025, when the outdoor wedding season draws to a close. It also seeks to shorten the period between events - down from 3 weeks to 2 weeks between events - to allow for a practical workaround of other activities and events on the Island. A one-off minor amendment to condition 4 to allow for weddings to be held 2 rather than 3 weeks apart, is also considered to be acceptable. It is not considered that either of the two elements of this proposal would have an unacceptably adverse impact on residential amenity that would justify refusal.
Plans/Drawings/Information; This decision relates to the following information: Application Form; covering letter and plans list; Site/Location Plan; Planning Statement; copies of correspondence; and, example booking form - all stamped received 13.10.2023. __
Interested Person Status - Additional Persons
None. __
Officer’s Report
1.0 THE SITE 1.1 The site is within the residential curtilage of Kielthusthag Lodge.
1.2 The surrounding area is characterised by detached dwellings set back from the highway with landscaped areas. There is a mix of boundary treatments in the area comprising small low rise walls, areas of hedging and large belts of trees.
1.3 To the East of the site is Mull House (shared boundary which redline goes up to - building itself c10m from redline boundary). To the West of the site is Keilthustag Bungalow (small area of shared boundary to North but for the most part red line boundary separated from this by Kielthusthag Lodge itself and immediate garden, which are excluded from red-lie boundary). To the South of the site is the road and to the other side of this Kielthustag. To the North of the redline boundary is the remainder of the garden of Kielthustag Lodge and, which borders what appears to be agricultural land
2.0 THE PROPOSAL 2.1 Proposed is a variation of conditions 1 and 4 of PA 21/01503/C to allow weddings to be held until the end of 2025 and for a reduced time between weddings from the present 3 weeks, to 2 weeks.
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2.2 The Planning Statement in support of the application advises that all other conditions attached to the original permission for the site PA 21/01503/C for: "Additional use of gardens as a wedding venue".
2.3 Condition 1 of the permission advised: "The use hereby permitted shall cease by the 01.04.2024 Reason: the development has been approved on a temporary basis to allow the impact on amenity and success of proposed mitigation measures to be gauged in light of events."
2.4 Condition 4 of the permission advised: "No more than 6 wedding reception events shall take place in any one calendar year, and no more than 1 event shall take place in any 4 week period. Reason: in the interest of local amenity and wider ecology."
2.5 The location and site plan is as previously approved.
2.6 The applicants Planning Statement advises at para 3.3 that the applicant wishes to extend the period in which she may operate their property as a wedding venue, beyond 01.04.2025 to the end of that Calendar year (31.12.2025). "The wedding season for outdoor events runs from late April to early September, which effectively means that the current permission ceases in September, 2024. Couples plan their weddings 18 to 24 months in advance which means that many couples are now seeking booking for the summer 2025. In addition, the clients for two weddings booked for May and June 2024 now wish to defer their arrangements until 2025."
2.7 With regard to condition 4, the applicant is presently restricted to: "No more than 8 wedding reception events shall take place in any one calendar year, and no more than 1 event shall take place in any 3 week period." The reason for the condition is "in the interest of local amenity and wider ecology."
2.8 The applicant is not requesting a greater number of events - this would remain at 8 per year, but is seeking a shorter period between events - down from 3 weeks to 2 weeks between events. This would allow greater flexibility to accommodate peoples preference for dates and a work around other events on the Island such as the TT Fortnight; parish Walks; - which remove 4 weekends from the calendar; and, further events such as the End to End, Gran Fordo, Manx Grand Prix and Classic TT - all of which cause restrictions and make a 3 week window difficult to work with and around. A 2 week gap would allow greater flexibility in accommodating bookings, particularly in May and June when the actual availability of dates, particularly at weekends, is much less due to events.
3.0 PLANNING POLICY 3.1 The site lies within an area not zoned for development but as an, "Area of private woodland or parkland" and within an Area of High Landscape or Coastal Value and Scenic Significance and close to an area identified as being of Archaeological Interest on the 1982 Development Plan, North Map. The site is not within a Conservation Area nor a Flood Risk Zone.
3.2 The following Strategic Plan policies ae considered relevant. o Strategic Policy 2 directs developments to existing towns and villages, together with the Settlement Hierarchy set out in Spatial Policies 1-5. Spatial Policy 5 and General Policy 3 seek to prevent development in the countryside other than in exceptional circumstances, none of which apply to the current proposal. o Paragraph 4.3.11 of the Strategic Plan states, "Merely arguing that a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development".
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o Strategic Policy 4 - protect landscape quality and nature conservation, no unacceptable disturbance. Environment Policy 1 seeks to protect the countryside and its ecology. Environment Policy 2 indicates that in Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) this will be the most important consideration. Environment Policies 4 - 6 protect ecology. o Strategic Policy 10 - minimise journeys, especially by private car and make best use of public transport and encourage pedestrian movement o Business Policy 1 seeks to promote the growth of employment opportunities throughout the Island o Environment Policy 22 seeks to protect the environment and amenity of nearby properties in terms of various issues including noise and light pollution o Transport Policy 1 directs new development to be, "located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes". o Transport 7 requires parking standards to be met in accordance with appendix 7, which sets out standards for various types of development and also circumstances in which standards may be relaxed (for example in town centres) o Community Policy 7 relates to designing out crime and Community Policy 11 to the prevention of outbreak and spread of fire
3.3 As General Policy 2 sets out general 'Development Control' criteria it is considered capable of being applied to this proposal. It states development will be supported if it is in accordance with the land use zoning provided that the development (in part)... ... "(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; ... (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".
4.0 PLANNING HISTORY 4.1 PA 21/01503/C for, "Additional use of gardens as a wedding venue" was approved on 25.02.2022 and was not appealed. It was subject to the following conditions:
C1. The use hereby permitted shall cease by the 01.04.2025
Reason: the development has been approved on a temporary basis to allow the impact on amenity and success of proposed mitigation measures to be gauged in light of events.
C2. The measures to prevent on-street parking as set out in the approved details must be implemented in full at any time the wedding reception is in operation.
Reason: in the interests of local amenity and highway safety.
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C3. No helicopters, associated with the wedding venue, shall be permitted to land on the site, or elsewhere within the property (land edged in blue on the approved site plan).
Reason: in the interests of local amenity and the wellbeing of nearby livestock.
C4. No more than 8 wedding reception events shall take place in any one calendar year, and no more than 1 event shall take place in any 3 week period.
Reason: in the interest of local amenity and wider ecology.
C5. Marquees and temporary toilets may not be in place more than 3 days prior to and 3 days after an event.
Reason: in the interest of local amenity and wider landscape.
C6. No lighting, associated with the use as wedding venue, shall be installed at the site unless in accordance with details which have first been approved in writing by the Department
Reason: in the interest of local amenity, wider landscape and ecology.
C7. Each wedding event shall cease by midnight and no guests shall be permitted to remain on the property for more than 30 minutes following the event ceasing.
Reason: in the interest of local amenity.
4.2 The approval related to the following plans/drawings/information (which, other than the site/location plan has not been resubmitted as part of the current application):
4.3 The reason for the approval was, "This decision has been made for the following reasons(s) Although the proposal is not in accordance with policies in relation to land use or the pattern of development, it could provide a welcome additional wedding venue to the island and provide some level of support to other local businesses. There are concerns about impact on amenity and the potential for some level of control via conditions. DOI Highway services have not objected in terms of highway safety. Concerns in relation to the wider environment are not considered sufficient to warrant refusal".
4.4 The Planning Committee minutes include the following, "The Members discussed the proposed conditions with a view to the case officer amending their recommendation in certain respects. The Members suggested that conditions be varied in order to aid the successful running of the proposed business.
The proposed variations were -
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The Senior Planner advised that parties who may have had no objection the proposed cessation and site clearing time which had been available for the public to view, may have objection to the later times as proposed by the Members, which had not been publically available. The case officer confirmed that C7 as written referred to guests leaving the site rather than including any staff who may be on site for the event. He further confirmed that any environmental disturbance issues should be referred to Environmental Health to deal with under their legislation.
The Case Officer explained the rationale behind the conditions and that he was therefore unwilling to amend the recommendation in relation to conditions 1 and 7.
The Case Officer amended the recommendation in relation to conditions 4 (events per year) and 5 (time period for put up/take down). The Members unanimously overturned this recommendation and instead voted to approve the application with additional amendments to condition 1 (duration of approval) and 7 (hours of operation). In doing so they noted the need to facilitate business, avoid unnecessary controls and also noted the presence of other controls outside the planning system in terms of event licensing. The members unanimously approved the application subject to the following amended conditions".
4.5 Subsequently, PA 22/00425/B sought permission for: Variation of condition 4 of PA 21/01503/C to allow two weddings, 24th June 2023 and 8th July 2023, in addition to what has been approved. This was granted under delegated powers on 4.5.22. The permission, which was date dependent, has now expired.
5.0 REPRESENTATIONS 5.1 DOI Highways (23.10.23) - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking, providing there is not a significant increase in the number of wedding events.
5.2 Andreas Parish Commissioners (8.11.23) have considered this application and have no objections.
5.3 No third party representations had been received by the Report drafting stage (22.11.23).
6.0 ASSESSMENT 6.1 The previous analysis in terms of economic benefits and potential impacts as set out in the Case Officer Report and Planning Committee minutes for 21/01503/C is noted. In addition, approval of the PA 22/00425/B application under delegated powers on 4.5.22 for a variation of condition 4 of PA 21/01503/C to allow two weddings, on 24th June 2023 and 8th July 2023, has now expired.
6.2 The current application proposes two amendments to conditions 1 and 4 of the 21/01503/C permission, which are to operate their property as a wedding venue, through 2025 to the end of that Calendar year (31.12.2025); and, to shorten the period between events - down from 3 weeks to 2 weeks between events, to allow for other activities and events on the Island - such as the TT Fortnight; and, Parish Walks; - which remove 4 weekends from the calendar; and, further events such as the End to End, Gran Fordo, Manx Grand Prix and Classic TT - all of which cause restrictions and make a 3 week window difficult to work with and around. The applicant contends that a 2 week gap would allow greater flexibility in accommodating bookings, particularly in May and June when the actual availability of dates, particularly at weekends, is much less due to the abovementioned Island wide events.
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6.3 It is not considered that these changes would have such an impact on residential amenity, or on the character of the site and surroundings, that would justify refusal.
6.4 Much of the supporting information for the previous application has not been resubmitted, however the wording of the conditions did not rely on this and so can be repeated. The applicant is not seeking revisions of the other 6 conditions attached to the 21/01503/C permission.
6.5 The original 21/01503/C application was referred to the planning committee as, "IT IS A DEPARTURE FROM THE DEVELOPMENT PLAN AND THERE IS AN OBJECTION FROM THE LOCAL AUTHORITY BUT IT IS RECOMMENDED FOR APPROVAL". The previous 22/00425/B application was considered under delegated powers on 4.5.22 for a variation of condition 4, and has since expired. The current application is considered to be similar in nature to these previously approved applications, for which permission was granted, and to which there are no more than relatively minor differences and hence need not be referred to the Planning Committee for decision.
7.0 CONCLUSION 7.1 The previous analysis in terms of economic benefits and potential impacts as set out in the Case Officer Report and Planning Committee minutes for 21/01503/C is noted. The application proposes the operation of the property as a wedding venue, through to the end of the Calendar year of 2025 (31.12.2025). Although, in reality no events would occur after the end of September, 2025, when the outdoor wedding season draws to a close. It also seeks to shorten the period between events - down from 3 weeks to 2 weeks between events - to allow for a practical workaround of other activities and events on the Island. A one-off minor amendment to condition 4 to allow for weddings to be held 2 rather than 3 weeks apart, is also considered to be acceptable. It is not considered that either of the two elements of this proposal would have an unacceptably adverse impact on residential amenity that would justify refusal.
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); (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 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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
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Decision Made : Permitted
Date: 22.11.2023
Determining officer
Signed : J SINGLETON
Jason Singleton
Principal Planner
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