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Government Office DOUGLAS Isle of Man IM1 3PN Direct Line (01624) 685280 Fax Number (01624) 685710 Email [email protected] CHIEF SECRETARY Will Greenhow ACMA 9th August 2018
Secretary to the Planning Committee Murray House, Mount Havelock, Douglas
Our Reference : DF17/0004 Dear Sir/Madam,
Ref: \quad 17 / 00386 / B Applicant: Glen Wyllin Camping (2016) Limited Proposal: Use of land for tourist purposes, comprising a caravan/motorhome site (up to 46 caravans/motorhomes in total) and a campsite comprising up to 120 tent pitches, along with the erection of 2 yurts and 8 log cabins and 8 camping pods and ancillary facilities, along with installation of land drains Address: Glen Wyllin Camp Site Glen Wyllin Kirk MichaelIsle Of Man IM6 1AL
I refer to the abovementioned application, and in accordance with the obligations set down in statute, I herewith give notice of the decision as follows.
1 The proposed buildings would detract from the open character and appearance of the land, which is an important feature of the Glen Wyllin Conservation Area. This would be contrary to Environment Policy 35 of the Isle of Man Strategic Plan 2016, which provides that, in a Conservation Area, development will not be permitted unless it would preserve or enhance the character or appearance of that area, and ensure that features contributing to the area's quality are protected.
2 No Environmental Impact Assessment (EIA) accompanies the planning application, contrary to Environment Policy 24 and paragraph A.5.2(j) of the Isle of Man Strategic Plan 2016. These provide that an EIA will be required with any application that proposes a permanent camp site or caravan site. The environmental information submitted with the application is inadequate.
3 In view of the lack of environmental information, there is uncertainty about the effect of the proposed surface water drainage arrangements on the health of trees which may be an important feature of the Glen Wyllin Conservation Area.
4 There is evidence that the application site has previously been flooded, and could be vulnerable to future flooding. However, no flood risk assessment has been submitted, contrary to Environment Policy 10 of the Isle of Man Strategic Plan 2016.
Please be advised that the decision of the Council of Ministers is binding and final.
All parties should note that there is no prescribed right of appeal relevant to the Council's decision herein and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within 3 months.
The Planning Inspector's report, upon which the decision was determined, may be viewed by visiting https://www.gov.im/planningapplication/services/planning/search.iom, Government's Online services, or by contacting the Cabinet Office for a hardcopy (Tel 685204).
Yours faithfully,
A Johnstone Planning Appeals Administrator On behalf of the Chief Secretary
Crown Division Government Offices Douglas Isle of Man
18 July 2018
To the Council of Ministers
Case Reference: DF17/0004 Planning Application: 17/00386/8
Application by Glen Wyllin Camping (2016) Ltd for planning approval for the use of land for tourist purposes, comprising a caravan/motorhome site (for up to 46 caravans/motorhomes in total) and a campsite comprising up to 120 tent pitches, along with the erection of two yurts, eight log cabins and eight camping pods and ancillary facilities, and the installation of land drains, at Glen Wyllin Campsite, Glen Wyllin, Kirk Michael, Isle of Man.
I have the honour to report that on 25 June 2018, I carried out a site visit in connection with the above planning application, which is being dealt with by written representations. The application is made by Glen Wyllin Camping (2016) Ltd, and is for a development that would take place on land owned by the Department of Environment, Food and Agriculture (DEFA). Therefore, it falls to be determined by the Council of Ministers, in accordance with Article 10(1)(b) of the Town and Country Planning (Development Procedure) (No2) Order 2013.
The site and its surroundings
2 The application site is an irregularly shaped area of land within Glen Wyllin. It extends for almost the full length of the Glen, between the A4 highway to the east, and the coast to the west. It forms part of a wider area within Glen Wyllin, which the applicants lease from DEFA. To the south, this wider area is bounded by open land; and to the west it is bounded by the sea shore. To the north lie the Clearwater Trout Farm and the built-up area of Kirk Michael. For the most part, the application site consists of open green areas, used for camping and for other recreational purposes. It contains two or three utilitarian buildings, which provide facilities for campers and other visitors. These include a shop, which sells hot and cold food and drink, groceries and camping requisites; an administrative office; and an ablution block. The application site features a number of trees and wooded areas.
3 Glen Wyllin is a steeply sided valley, formed by the action of the River Wyllin. This watercourse runs from east to west through the application site, within which it is crossed by three bridges. An unadopted right of way runs beside the river, through the valley bottom, providing vehicular and pedestrian access between the A4 and the coast. The line of a dismantled railway runs from north-east to south-west through the centre of the application site. Glen Wyllin is designated as both a National Glen and a Conservation Area, and each of these designations applies to the whole of the application site.
The application seeks authorisation for the use of land as a camp site for up to 120 tent pitches, concentrated in two areas. The first of these, with capacity for 80 tent pitches, would lie to the west of the River Wyllin, a little to the north of the entrance to the site from the A4. (The distribution of the proposed uses and the location of the proposed operational development are shown in application drawing No 308). The second area for tents, with a capacity for 40 pitches, would lie to the south of the River Wyliin, at the western end of the application site, close to the sea shore.
The application also seeks authorisation for pitches for up to 46 caravans/motorhomes on land on the north-eastern bank of the River Wyllin, and to the south-east of the line of the dismantled railway, where electricity supplies are available. In addition, the application seeks authorisation for the provision of a parking area, to accommodate 23 cars, a mobile catering van, and a container to be used temporarily for the storage of materials required for the improvement of the site. This area would be adjacent to the application site's access from the A4.
6 Additionally, the application proposes operational development, including the erection of eight camping pods, eight log cabins and two yurts. The camping pods would be located at the eastern end of the more westerly of the areas proposed for tent pitches. Each pod would be of timber construction and would appear similar to the up-turned hull of a boat. It would measure about 4.8 m long by 2.4 m wide, with a maximum height of about 4 m . There would be a glazed door in its front elevation, and a small window in its rear elevation (see application drawing No 304).
Six of the proposed cabins (the 'Type A' cabins) would be located to the north of the River Willyn, east of the Clearwater Trout Farm, and north-west of the dismantled railway. These would be detached, two-storey, timber structures, with pitched roofs. Each would have an overall length of 5.6 m , a width of 3.8 m , and a ridge height of 5.015 m . There would be French doors at ground-floor level in the front elevation, with a large glazed area above, at first-floor level; and there would be smaller ground-floor and first-floor windows in the rear elevation. On the ground-floor, each unit would contain a sitting area (including a kitchen sink) and a shower room (including a WC). Foul sewage from the cabins would be discharged to a septic tank. On the first-floor of each cabin there would be a sleeping area, access to which would be by means of an internal staircase. (See application drawing No 303A).
Each of these cabins would be provided with an external hot tub, of timber construction, circular in plan, with a diameter of 1.5 m . The water in these would be heated by a stainlesssteel, wood-fired burner (housed within the tub) with a projecting stainless-steel chimney. (See application drawing No 305). Water in the hot tubs would be treated with ultra violet light. If required, at the end of the season, this water would be emptied by pump to a tanker, for off-site disposal.
In front of the six 'Type A' cabins there would be a shared, single-storey, barbecue hut. This would be hexagonal in plan, with log walls, each 1.84 m long. It would have a pitched roof of
bitumen shingles, from which a metal chimney would project. (See application drawings Nos 306 and 307A).
Two 'Type B' cabins would be located at the southern end of the area to be used for caravans and motorhomes, close to the eastern edge of the application site. These would be twostorey structures, similar to the 'Type A' cabins. However, the 'Type B' units would not have internal shower rooms/WCs; and would not be provided with external hot tubs.
The two yurts would stand immediately to the north of the 'Type B' cabins. These would be single-storey structures, circular in plan, each with a diameter of 4.5 m and a conical roof. (see application drawing 307A).
Finally the application proposes the installation of new land drains. These would be in the form of gravel-filled trenches, covered with a geotextile membrane and overlain by turf. The new drains installed to the east of the River Wyllin would discharge into that watercourse; the drains installed to the west of the river would discharge into a ditch. (See application drawing no 302A).
The Glen Wyllin Camp Site has been in existence for a number of years. Until recently it was operated by the Kirk Michael Commissioners. However, since April 2016, it has been run by the applicants, as tenants of DEFA. Their aim is to bring the site into the modern era of 'glamping' (glamour camping) by improving facilities, and by offering family events. They hope to be able to attract visitors throughout the year, rather than just in the holiday season.
The proposed pods, cabins and yurts, would provide facilities for 'luxury glamping', which is becoming increasingly popular, but for which there is currently little or no provision on the isle of Man. The proposed timber structures would be well-suited to the site, in view of the high density of the surrounding trees.
The applicants aspire to give prospective campers the experience of outdoor facilities similar to those of a hotel room. At present, the camp site is open for use between the start of April and the end of September. However, the applicants intend that the open season should be extended to run from February through to November (inclusive). They would hold special events and fun days, for instance on St Valentine's Day and Tynwald Day. The effect would be to increase tourism to the Island.
There would always be a warden on the site; and during busy periods at least two wardens would be continually on duty. The wardens would patrol the site to ensure that the campers were satisfied, and that no one was behaving badly or causing a noise nuisance.
The installation of new land drains would be necessary, as the amount of groundwater on parts of the site currently precludes camping for a considerable part of the year, during which the ground is saturated. The drains would reduce the risk of flooding, although the applicants are not aware of any significant flood problem.
The proposed car park would occupy a piece of unused land which is well-hidden. It would not detract from the natural beauty of Glen Wyllin. The ground here would be reinforced with an environmentally friendly, permeable mesh, which would allow the grass to grow through.
The applicants would wish to station a storage container adjacent to this parking area for a maximum of 24 months, while the camp site was being modernised and improved.
A mobile catering van is currently used during peak periods, to provide campers with meals. From time to time it is also used to cater for off-site events. It is proposed that, when not in use, this vehicle would be parked beside the storage container, in an area proposed to be screened by timber fencing.
Access to the site would not be changed, and there would be no alteration to any right of way through the Glen. The amount of traffic travelling to and from the site would be expected to remain much the same as now, as the provision of pods, cabins and yurts would reduce the area available for tents.
There has been a camp site in Glen Wyllin for some time, possibly since before the establishment of the planning system. The Planning Authority has not been able to trace any planning approval authorising this use. If approved, the present application would clarify the status of the camp site, and provide a clear basis on which to manage the land in future.
The key documents to be taken into account in the consideration of this application are the Isle of Man Strategic Plan 2016; the Kirk Michael Local Plan 1994; the Glen Wyllin Conservation Area Character Appraisal 2006; Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man); the Destination Management Plan 2016-2020; and the Non-Serviced Accommodation Study 2017.
The Strategic Plan 2016
The parts of the Strategic Plan that are relevant to the present application include the following:
Strategic Policy 4 provides that proposed development must protect or enhance the fabric and setting of Conservation Areas.
Strategic Policy 8 indicates that tourist development proposals will generally be permitted where they do not adversely affect environmental interests, and enable enjoyment of man-made and natural attractions.
General Policy 2 provides that development which accords with the land-use zoning and proposals in the appropriate Area Plan (and with other policies in the Strategic Plan) will normally be permitted, provided that certain specified criteria are satisfied.
Environment Policy 3 states that development will not be permitted where it would result in unacceptable damage to woodland areas which have amenity or conservation value.
Environment Policy 10 requires that a flood risk assessment and proposed mitigation measures must accompany any planning application for development on a site where there is a potential risk of flooding.
Environment Policy 22 precludes development that would unacceptably harm the environment or amenity of neighbouring properties.
Environment Policy 24 requires that a planning application proposing development that is likely to have a significant effect on the environment must be accompanied by an Environmental Impact Assessment (EIA). Appendix 5 of the Strategic Plan provides that an EIA will be required in all cases where the proposed development would be a permanent camp site and caravan site.
Environment Policy 28 provides that development which would be at risk from ground instability will not be permitted, unless appropriate precautions have been taken.
Environment Policy 35 indicates that, within a Conservation Area, development will be permitted only where it would preserve or enhance the character or appearance of that area.
Business Policy 11 provides that policies which seek to protect the countryside from development will be applied to tourism development with as much weight as they are to other types of development.
Recreation Policy 2 indicates that development that would adversely affect open space will be permitted only if alternative provision of equivalent community benefit is made available; or if there would be an overall community gain from the development, and the particular loss of open space would have no significant unacceptable effect on recreational provision or on the character or amenity of the area.
In the Kirk Michael Local Plan, the application site lies within an area identified as Public Open Space. Paragraph 4.1 of the Local Plan includes the following:
The village of Kirk Michael and the rural area are attractive in their own right and possess certain assets which are tourist related. These are:
... (iv) Glen Wyllin and its camp site.
... The sum of the above attractions contributes to the economy of the village and the rural area in terms of attracting visitors.
Policy 4.5 of the Local Plan states that 'the present tourist assets should be maintained and reinforced in order to make the best use of their combined attraction'. However, Policy 12.4 provides that, with the exception of areas already proposed for development, no areas of open space should be released for development.
The Glen Wyllin Conservation Area was designated in 2006. The Conservation Area Character Appraisal records that Glen Wyllin opened as a pleasure resort in about 1890, following construction of the Manx Northern Railway (with a station at Kirk Michael). A contemporary account states that the Glen had 'plantations, arbours, summerhouses, sea-bathing, a freshwater lake, tennis courts, a bowling green, croquet, swings, hobby horses and other games'. However, there is no reference to its use for camping.
Following the closure of the railway in 1965, the pleasure grounds fell into dereliction. After some years, the land was acquired by the Isle of Man Government, and it came to be maintained as a National Glen, with an extensive area used as a campsite and associated facilities, including a children's playground.
28 Section 9 of the Conservation Area Appraisal deals with Open Space, Green Areas and Trees. It considers that 'the qualities of the designated area under this heading are probably the most important reasons for its designation'. Similarly, paragraph 10.4 of the Appraisal states that '... Glen Wyllin has not been designated as a Conservation Area due to the outstanding architectural qualities of the properties contained in it, but rather due to the natural environment provided by the open green areas and trees'.
Planning Policy Statement 1/01 29 Policy CA2 of PPS 1/01 is a forerunner of Environment Policy 35 of the Strategic Plan. It indicates that the impact of proposals for development on the special character of a Conservation Area will be a material consideration in the assessment of a planning application.
The Destination Management Plan 2016-2020 30 The Destination Management Plan has been accepted by the Department for Enterprise (DfE) as a Government strategy. It sets out five objectives, which include 'creating an exceptional visitor experience' and 'championing new investment and product development'. It indicates that there is potential for growth in tourism by UK families, who are responsive to 'selfcatering, including camping at all prices'.
31 The Destination Management Plan defines four specific visitor profiles as target groups. These include 'Work Hard, Play Hards' (characteristically aged between 20 and 40+) for whom the key message is 'get active when getting away from it all and challenge yourself in beautiful natural surroundings'; and 'Explorers' (characteristically adventurous families with children) for whom the key messages include 'lots to do; mix of outdoor and heritage attractions' and 'from glamping to family holidays choose your base camp from a wide range on offer'. The plan proposes that suitable sites for the development of family orientated holiday centres should be identified and assessed.
The Isle of Man Non-serviced Accommodation Futures Study 2017 32 The DfE has accepted this Study as an evidence base, which highlights actions that could help deliver the Destination Management Plan. It states a key priority for glamping developments is the provision of wind-proof and heated units, which could be used in the colder months. Canvas structures are not suited to the Island's winter weather, as they can be blown away by strong winds and storms. It notes that a few of the Island's camp sites have added camping pods to help extend the season, and that these are generally attracting good demand. This suggests that there is the potential to add more.
33 The Study states that campervans are welcome on the Isle of Man all year round; and that motorhome holidays are actively encouraged. Most of the Island's camp sites offer a small number of hard-standings with electricity connections. However, provision for campervans is quite limited. There is an opportunity to develop a stronger network of campervan stopovers, along the lines of the Aires network in Europe. Potentially suitable locations include Bradda Head, Douglas Head, Ramsey Promenade, and Peel's Fenella Beach Car Park.
34 The Planning Authority has consulted various bodies about the present application. Their responses are summarised as follows.
35 The Michael Commissioners have no objection in principle to the present proposals. However, they consider that more parking is required, as Glen Wyllin is a National Glen and a Conservation Area. The submitted plans are inaccurate, as the owner of 'Glen View' states that land which belongs to her has been included in the application site. Drainage problems need to be addressed, as there have been land slippages in a couple of areas. This should be prevented in future.
36 The DfE's Tourism Division supports the application. The Island presently has a small number of glamping sites, which experience high occupancy rates throughout the year. There is a need for more such sites, to enhance the accommodation offer and achieve the objectives of the Destination Management Plan 2016. UK families and the short break market are identified as priority targets for attracting business throughout the year. The shortage of family-friendly accommodation is a barrier to attracting families to visit the Island. The proposed development would help rectify this. The provision of more 'glamping pods' is encouraged by the Enterprise Act 2008, which includes them as being eligible for support.
37 DEFA's Conservation Officer is clear that Glen Wyllin has been in holiday use since before it was considered for designation as a Conservation Area. The areas now proposed for cabins, pods and yurts were recently occupied by tents. The impact of the present development on the character of the Conservation Area would be negligible.
38 DEFA (Ecology) comment that the land affected by the proposed development is close-mown amenity grassland, and therefore of little nature conservation value. There are, however, some areas of greater diversity within Glen Wyllin, which include wildlife that is worthy of protection. Accordingly, they have liaised with the applicants about the location of the proposed septic tank that would serve some of the cabins. This would now be located in a grassland area to the east of the cabins in question, and they are content that nature conservation has been adequately taken into account.
39 DEFA's Arboricultural Officer notes that the proposed land drains on the west side of the River Wyllin would discharge into a ditch. However, he recalls that the ditch in question is barely visible, has not been flowing for a long time, and would require excavation to operate effectively. There is a risk that the roots of adjacent trees could be damaged as a result. Furthermore, it is not clear where water would flow to, once the ditch became operational. It is important that this should be resolved to ensure that the ground water level around existing trees would not be adversely affected; and to ensure that the further trenches would not have to be dug elsewhere, so as to make the proposed drainage system work. The applicants have recently indicated that the proposed land drains would be 250 mm wide, but the planning statement submitted with their planning application has not been amended, and still indicates that the land drains would measure 600 \mathrm{~mm} \times 600 \mathrm{~mm}.
40 DEFA's Fisheries Directorate has no objection to the proposed development, but notes that care would be required to prevent harmful materials from entering the River Wyllin.
41 DEFA's Environmental Protection Officer requires that there should be no discharge from the proposed hot tubs into the River Wyllin, in order to protect the excellent water quality of that stream.
42 Manx Utilities' Flood Risk Division indicates that the River Wyllin is not a Designated River within its jurisdiction. Its officer is therefore unable to provide accurate data on fluvial flooding. He provides a surface water map, which suggests that a few of the proposed pods may be at risk of flooding, but that the proposed cabins appear to be outside the flood zone. To err on the side of caution, he suggests that a Flood Risk Statement should be requested to cover the pods at risk. This should include details of the flood warning system and an evacuation plan.
43 Department of Infrastructure (DOI) Highway Services welcome the proposed car park, as there is currently no dedicated parking area within the site, and vehicles are left adjacent to tents or on access roads. A condition should be imposed to ensure that the proposed car park is kept available for vehicles associated with camping during the season. Local residents evidently park their vehicles within the application site during the TT and other events. This is a matter for consideration by the landowner. The only public highways within the application site are public rights of way along the access road, and along a part of the former railway line. Traffic generation is unlikely to increase as a result of the proposed development. Highway Services do not oppose the proposed scheme.
44 DOI (Structures) and DEFA (Estates) were consulted about the potential for land-slip on the slope adjacent to the proposed yurts and 'Type B' cabins. DEFA (Estates) refer to a civil engineer's report, which says that 'the slope can be considered stable'. However, the report recommends that the slope is inspected by DEFA prior to the start of the camping season each year, and that any slips or changes in its condition are reported to a competent engineer for review. Subject to this, there is no apparent reason why camping cannot continue at the base of the slope.
45 Objections to the proposed development have been lodged by Mrs G Kellett of 2 Chestnut Cottages, Ballaugh; Mr R Crane of 16 The Meadows, Kirk Michael; Mrs S Nunn of Glen View, Kirk Michael; and A and S Roberts of Slieau Dhoo, Main Road, Kirk Michael. The material points raised variously by these objectors are as follows:
The application plans are inaccurate in respect of land ownership, and in showing sewage works and a footbridge which no longer exist.
The proposed buildings would provide accommodation more appropriate to a hotel development than a camping facility.
There are alternative sites on the Island suitable for log cabins, such as plantations; and there are already pods and yurts in many locations.
The number of tent pitches in Glen Wyllin would be reduced, disadvantaging local people who want to camp.
If the proposed business were to fail, the proposed buildings would remain to detract from the amenity of the Glen. How would the site be restored?
The existing infrastructure (particularly the toilet/shower block) is inadequate and would not fit the description of luxury accommodation.
Glen Wyllin is a National Glen, the public amenity value of which should be paramount.
Would green areas in the Glen be available for use by all, as public open space?
The grassed area of the former boating lake should be free for camping use by local residents.
Public conveniences in the Glen should be provided for all - not just paying campers.
The proposal to hold events throughout the year would have an adverse impact on the amenity of local residents.
The proposed development would have adverse effects on privacy, outlook, noise, smell and litter.
The proposed development would reduce the opportunity for local residents to park in Glen Wyllin at busy times, like the 4 weeks of racing during the TT and Festival of Motorcycling periods.
The proposed development would affect local residents' access to the beach.
The development of the proposed car park would be inconsistent with conservation criteria.
If the proposed scheme is successful, the site would be busier for longer, and would require careful management.
The proposed development would not accord with the Kirk Michael Local Plan.
The proposed 2-storey structures would alter the skyline of Glen Wyllin.
The presence of caravans and motorhomes would be more visible in winter, when there is less screening foliage.
Would static caravans be left on the site?
The mobile catering van would be more visible if left adjacent to the proposed car park, as the road here is much higher than the parking area.
The retention of the storage container, with additional hard landscaping, would significantly alter the appearance of the Glen.
The erection of two-storey structures would cause disturbance to the ground and adversely affect archaeology and biodiversity.
If used, concrete bases would adversely affect biodiversity.
The proposed operational development and extended period of opening would impact on trees, water run-off, water quality in the River Wyllin, flora, fauna, and air quality (particularly by burning wood for the hot tubs).
The site regularly floods (Mr Crane provides photographic evidence) and there should be a flood risk assessment.
The proposed Type B Cabins would be at the foot of a slope which is prone to landslip.
46 Diane Kelly of 37 Broogh Wyllin, Kirk Michael, supports the proposed development. It would encourage more people to visit this area, thereby boosting the local economy.
47 This application raises a number of issues. The first of these is the impact of the proposed development on residential amenity. The camp site is already operative. However, the proposal could intensify this use and would extend the season during which the site would be open. This could result in an increased impact on residential amenity. Nevertheless, the applicants have indicated that there would be one or more wardens on the site when in use, and that these would make regular patrols to prevent undue noise and other forms of antisocial behaviour, particularly at night. In the event that planning approval is granted, conditions could be imposed to mitigate any loss of residential amenity.
48 The applicants have expressed the wish to arrange family fun days and other events, on the application site, from to time. These could also affect the amenity of people living nearby. However, there is limited information about the type of events intended, and it is not clear
whether these would entail development requiring a separate planning approval. The Town and Country Planning (Permitted Development) (Temporary Use or Development Order) 2015 allows for the temporary use of land, including for fetes, fairs and festivals, on up to 12 days a year, but this does not apply to land within a Conservation Area.
The second issue is whether the proposed development would interfere with the public use of the site for recreation. Some issues relating to public use (such as the use of toilets) are covered through the lease. However, since land ownership could change, it might be expedient to impose conditions to secure continued public access.
The third issue concerns the effect of the proposed development on the Glen Wyllin Conservation Area and the wider landscape. It is clear that the existing presence of the camp site did not prevent the designation of the Conservation Area in 2006. The use of the site in this way is not identified as having a negative impact in the Conservation Area Character Appraisal (although parts of the site, such as the ablution block, are described as having such an impact). Although the concerns raised by objectors are noted, the conclusion of the DEFA Conservation Officer is that the impact of the proposed scheme on the character of the Conservation Area would be negligible at best.
The fourth issue concerns the environmental impact of the proposed development. Paragraph A.5.2 of Appendix 5 to the Strategic Plan requires the submission of an Environmental Impact Assessment (EIA) in every case where the proposed development is a permanent camp site or caravan site. However, in the present case an EIA was neither sought by the Department, nor submitted by the applicant. It is important to note that, in the Isle of Man, the submission of an EIA is a requirement of policy (rather than a requirement of the law, as in the UK). The decision-maker would have to consider whether non-compliance with the provisions of the Strategic Plan in respect of this matter would be sufficient to warrant the refusal of planning approval.
In view of the concerns expressed by the DEFA Fisheries and Environmental Protection Officers with regard to the discharge of water from the proposed hot tubs into the River Wyllin, a condition could be imposed to prevent this, should planning approval be granted.
In terms of biodiversity, the technical evidence of DEFA (Ecology) is that there are no unresolved issues which should weigh against the application, or require the imposition of planning conditions.
In terms of trees, the comments of DEFA's Arboricultural Officer concerning the potential impact of the proposed land drains are noted. However, this relates to the detail of how the drains would be designed, installed and operated, and could possibly be addressed by a condition.
The fifth issue concerns the adequacy of the drainage arrangements, and flood risk. A local resident, Mr Crane, has provided verbal and photographic evidence that the site is subject to flooding. The UK Government's 'Flood Risk and Coastal Change Guidance' indicates that camping and caravan sites can be categorised as uses that are among the 'more vulnerable' to the effects of flooding. Manx Utilities have confirmed that at least part of the application site is at risk from surface water flooding, and consider that a Flood Risk Assessment should be required. This could be the subject of a planning condition.
56 The sixth issue concerns the potential for landslip. In the light of the information provided by DEFA Estates, it appears that land instability need not be a barrier to the proposed development. No planning condition is considered necessary, as the ongoing management and maintenance of the sloping valley side is a matter for the landowner.
57 The proposed development would clearly be of some economic benefit, in providing improved holiday accommodation for visitors and widening the island's tourism offer. It is supported by the DfE as contributing to the objectives of the Government's Destination Management Plan, and due weight should be given to this consideration.
58 It would not be appropriate for the Department to make any recommendation. However, if the Council of Ministers is minded to grant planning approval, the Planning Officer suggests the following planning conditions:
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 14 of the Town and Country Planning (Development Procedure) (No 2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
2 At no time shall the number of units on the site exceed 46 caravans or motorhomes (in total); 120 tent pitches; 2 yurts; 8 log cabins; and 8 camping pods. These units shall be used only for tourism purposes, and shall not be used as permanent dwellings.
Reason: To ensure that the development takes place in accordance with the approved plans, and to avoid the use of the site for permanent residential accommodation (which would result in the loss of tourist accommodation).
3 Nobody shall be permitted to stay overnight on the site outside the months of February to November (inclusive).
Reason: To ensure that the development takes place in accordance with the approved plans and that the site is not used as permanent accommodation, and in the interests of local amenity (as the light impact from individual units would be greater during the winter months with reduced vegetation and darker evenings) and in the interests of minimising flood risk (as the likelihood of flooding is potentially greater during the winter months).
4 No touring caravans shall be stored on the site outside of the months of February to November (inclusive) and no static caravans shall be brought onto the site at any time.
Reason: To ensure that the development takes place in accordance with the approved plans and that the site is not used as permanent accommodation, and in the interests of local amenity (as the light impact from individual units would be greater during the winter months with reduced vegetation and darker evenings) and in the interests of
minimising flood risk (as the likelihood of flooding is potentially greater during the winter months).
5 The mobile catering van to be kept permanently on the site, as set out in the Planning Statement (date stamped received 18^{\text {th }} August 2017), shall:
Reason: To ensure that development takes place in accordance with the approved plans and in order to protect public amenity.
6 Prior to the use of the development hereby approved, drainage works shall take place and thereafter be maintained in accordance with details which shall first have been submitted to and approved in writing by the Department. Such details shall include, but not be limited to, details of how the land drains shall be designed, installed and maintained, and how impact on trees will be avoided (including limiting the width of some of the drains to 250 mm ).
Reason: To ensure that the development takes place in accordance with the approved plans, and to ensure that adequate drainage is provided.
7 Prior to the installation of the camping pods hereby approved, a flood risk assessment and mitigation statement shall be submitted to and approved in writing by the Department; and the pods and any associated works shall be installed in accordance with these approved details.
Reason: To ensure that the camping pods, which are within an area identified at risk of flooding, are constructed in a manner that takes this into account.
8 Prior to the use of the development hereby approved, a flood response plan shall be submitted to and approved in writing by the Department. The plan shall include, but not be limited to, details of warning and evacuation; how the uncontrolled discharge of material from septic tanks and hot tubs would be prevented; and how a flood event which took place outside the months the site is open to customers would be responded to. A copy of the plan shall be available on site for public inspection during the months the site is open to customers. The measures set out in the plan shall be in place, and complied with, for the life of the development.
Reason: To protect the environment and in the interests of the health and safety of those using the site.
9 No soakaways shall be constructed. Reason: To ensure the development takes place in accordance with the approved plans and for the avoidance of doubt.
Unless otherwise approved in writing by the Department, the water from the hot tubs hereby approved shall not be removed other than by being emptied by pump to a tanker for off-site disposal.
Reason: To ensure the development takes place in accordance with the approved plans, and in order to protect ground and river water quality.
11 While the site is in operation, at least one warden shall be on site 24 hours a day, 7 days a week.
Reason: To ensure the development takes place in accordance with the approved plans, and in order to protect local amenity.
12 Upon arrival at the site, customers shall be provided with information which:
Reason: To ensure the development takes place in accordance with the approved plans, and in order to protect local amenity.
13 Within 6 months of the date of this approval, the area within which the catering van is to be stored when not in use, and the storage container is to be sited, as shown on drawing No 208 'Area of Uses', shall be screened with timber vertical fencing, erected in accordance with details which shall first have been approved in writing by the Department, and retained as such thereafter.
Reason: To ensure the development takes place in accordance with the approved plans, and in order to protect local amenity.
14 No lighting shall be installed on the site unless in accordance with details which have first been approved in writing by the Department.
Reason: To ensure the development takes place in accordance with the approved plans and in order to protect local amenity.
15 Signs setting out speed limits within the site (as set out in the Transport Statement) shall be erected in accordance with details which shall first have been approved in writing by the Department, and thereafter retained as such.
Reason: In the interests of the safety of those using the site.
16 Unless otherwise approved in writing by the Department, delivery and refuse collection vehicles shall park only in the loading bay adjacent to the toilet/shower facilities.
Reason: In the interests of the safety of those using the site.
Unless otherwise required by the conditions attached to this decision notice, pedestrian and vehicular access through the site shall be retained at all times via the main track through the site (as shown on approved plan 302A 'Site Plan).
Reason: To ensure that public access is maintained unless otherwise required (eg by the Flood Plan required by Condition 8).
In the event that the use of the development hereby approved ceases for a period exceeding 36 months, the site shall be reclaimed within a period not exceeding 30 months of the cessation, in accordance with details which have first been approved in writing by the Department, which shall include the removal of 8 camping pods, 8 log cabins, 2 yurts and associated structures.
Reason: To ensure that the site is reclaimed in the event that the use ceases, so as to protect the Conservation Area and the wider landscape.
Environment Policy 24 of the Isle of Man Strategic Plan 2016 indicates that an Environmental Impact Assessment (EIA) will be required for development for certain development proposals that would be likely to have a significant environmental effect. Paragraph A.5.2 of the Strategic Plan makes it clear that an EIA will be required for every case in which a permanent camp site or caravan site is proposed. In view of this, it is not clear to me why the applicants have not been required to produce an EIA in the present case.
I consider that the environmental information supporting their planning application is inadequate in certain respects. For instance, the potential impact of the proposed land drainage arrangements on trees within this Conservation Area is unclear. At the time of my visit, it appeared that the ditch which would receive water from some of the proposed drains was newly excavated, but was blocked-up at either end. It may need to be further excavated to accommodate the potential flow, and this excavation could have a damaging effect on tree roots. The eventual destination of water carried by the ditch is uncertain, but there is a possibility that localised changes to the drainage pattern could have adverse consequences for established trees, which make an important contribution to the character and appearance of the Conservation Area.
Similarly, there is no adequate assessment of the potential flood risk that would affect the application site, or of the steps that might be taken to mitigate such a risk. Manx Utilities are unable to provide accurate data on fluvial flooding from the River Wyllin, but suggest that a few of the pods might be at risk of flooding from surface water. However, photographic evidence submitted by Mr Crane, a local resident, shows extensive flooding in the valley bottom.
The Planning Authority suggest that a condition could be imposed requiring the submission of details of how the land drains would be designed, installed and maintained, and how impact on trees would be avoided. However, it seems to me that these details, including any adverse effect on trees and proposed mitigation measures, should be known before planning approval is granted. Similar considerations apply to flood risk. While I accept that, in the Isle of Man,
the production of an EIA is a requirement of policy rather than a matter of law, I am not persuaded that there are any grounds for a departure from Strategic Plan policy in the present case.
63 There has clearly been a camp site in Glen Wyllin since before 1994, as reference to this facility is made in Section 4 of the Kirk Michael Local Plan Written Statement, which dates from that year. However, as far as I am aware, no planning approval has ever been granted for this use; and no certificate of lawfulness has been issued in respect of it, under section 24 of the Town and Country Planning Act 1999. Despite this, as a camp site has been operative here for more than 10 years, it appears to be an established use, which would be immune from enforcement action under Part 4 of the Act. Nevertheless, I am not certain that the area occupied by the established camp site is co-extensive with the present application site.
64 The present proposal seeks planning approval for the use of the application site as a camping facility for a specified number of tents, caravans and motorhomes. If approval is granted, this would give future certainty as to the authorised use of this land. However, if approval is refused, that would not affect the extent to which any existing established use is immune from enforcement action.
65 In assessing this application, I shall deal first with the proposal to authorise the future use of the application site for camping, over an extended period between February and November (inclusive) each year. I shall then separately consider the proposed operational development, including the erection of new buildings and the installation of new land drains.
66 I consider that the main issues arising from the proposed use of the application site for camping are first, its consistency with the provisions of the Kirk Michael Local Plan; second, its effect on the character and appearance of the Glen Wyllin Conservation Area; third its effect on residential amenity; fourth, land stability; fifth, the implications of this proposal for access and parking; and sixth, whether the benefits of the proposed use would outweigh any disadvantages.
67 Paragraph 4.1 of the Kirk Michael Local Plan lists the area's tourist related assets, which include Glen Wyllin and its camp site. Policy 4.5 of the Local Plan states that these 'present tourist assets should be maintained and reinforced in order to make the best use of their combined attraction'. That plainly tells in favour of the retention and improvement of the camp site.
68 In the Kirk Michael Local Plan, the application site is shown as falling within an area allocated as Public Open Space. Its present (and proposed) use does not seem to be wholly consistent with this designation, since the camp site is privately run; and members of the general public appear to have only limited access to the application site, along public rights of way. It follows that General Policy 2 of the Isle of Man Strategic Plan, which indicates that planning approval will normally be granted for development that accords with the land-use zoning in the appropriate Area Plan, does not apply in this case. However, I know of no proposal for this land to be used as a public open space in accordance with its zoning in the Local Plan; and I
attach weight to the fact that camping is an established use, which would be likely to continue whether planning approval is now granted or not. On balance, I am not persuaded that the inconsistency between the proposed use and the Local Plan zoning should tell against the present application.
69 The presence of tents, caravans and motorhomes (together with campers' cars and other camping paraphernalia) may detract from the open, unspoilt appearance of Glen Wyllin, which is a National Glen as well as a Conservation Area. However, as indicated above, use of the application site for camping is likely to continue regardless of the outcome of the present application. Approval of the present application would enable the numbers of tents, caravans and motorhomes using the site to be brought under control by means of a planning condition.
70 The evidence suggests that the established use is for a seasonal camp site, which only operates between April and September. It is now proposed that the camp should be open between February and November (inclusive). This would be likely to have an additional impact on the appearance of the Conservation Area, particularly during the winter months, when there would be less foliage to screen the camp site. However, I consider that the adverse impact of this would be marginal. I have seen no convincing evidence to support the view that the maximum numbers of tents and caravans/motorhomes now proposed would be excessive, or unduly intense.
71 It is possible that activity on the camp site would be audible to residents living nearby, and that this could be a nuisance, particularly at night. The proposal to extend the period during which the campsite would be open could aggravate this. However, I note that one or more wardens would be permanently on duty when the site was in use, to exercise a degree of control over the behaviour of campers and prevent noise nuisance from occurring. Residents could also be affected by smells, for instance from barbecues. However, I doubt whether campers would have many barbecues in February, March or November.
72 Events such as family fun days and festivals could also give rise to additional disturbance for people living near the site. Whether the use of this site for such purposes would constitute development requiring planning approval appears to be a matter of fact and degree. Any such acts of development on the application site would be subject to normal planning controls. Since the application site is within a Conservation Area, they would not be authorised by the Town and Country Planning (Permitted Development) Order 2012. The present planning application does not specifically propose the use of the application site for any such purpose.
73 I do not consider that the proposed development would affect the privacy of neighbouring residents, who live on higher land to the north of the Glen.
74 I attach weight to the conclusions of the civil engineering consultant instructed by DEFA with respect to land stability. In his opinion, the slope where there was previously a landslip can now be considered stable. Subject to annual inspection of any changes in the condition of this slope, he sees no reason why camping cannot continue on the application site.
75 I cannot see why the proposed development should affect any public right of access. There is no proposal to close or divert either of the public rights of way that cross the application site. Any such proposal would, in any event, require an Order to be made under section 33 of the Highways Act 1986, and this would have to be approved by Tynwald before it became effective. As far as I am aware there is no other public right of access to the application site. I note the evidence that local people park their cars here during the TT period and at certain other times. However, that seems to be at the discretion of the landowner, rather than in the exercise of any public right.
76 The proposed parking area would not be big enough to accommodate all of the vehicles that might be attracted to the campsite. However, it would make use of a part of the site which is evidently unsuitable for camping. The installation of the proposed geotextile mesh would help prevent vehicles becoming bogged down in wet conditions, and would allow the parking area to retain a grass surface. The proposal for the catering van that serves the camp site to park adjacent to this area seems to me to be unexceptionable. Similarly, if the proposed building and engineering operations are approved, I do not consider that it would be unreasonable for a container to be stationed here for a temporary period, to store equipment and materials required for the proposed works.
77 The use of this land for motorhomes and touring caravans (as well as tents) clearly contributes to the Isle of Man's tourism offer. The Destination Management Plan indicates potential growth in self-catering holidays, including camping. The Non-serviced Accommodation Futures Study says that campervans and motorhomes are welcome and actively encouraged on the Island. Although this Study notes that existing provision for these vehicles is quite limited, it points out that there are opportunities to develop a stronger network of stopovers. The proposed extension of the camping season, to run from February to November inclusive, would widen the scope for self-catering holidays of this sort. In my view, these considerations tell strongly in favour of the proposed use.
78 I consider that the advantages of using the application site as a campsite for tents, caravans and motorhomes in the manner described, and the provision of the proposed parking area, would strongly outweigh the disadvantages.
79 The proposed operational development would include the erection of glamping pods, log cabins and yurts; and the installation of land drains. Other operational development may be required. For instance, it is not clear to me whether additional concrete bases are intended within the area to be reserved for caravan pitches and motorhomes; or whether new roads would be formed to give access to the proposed log cabins. The application makes no explicit proposals for such development.
80 As regards the proposed operational development, I consider the main issues to be first, the effect on the character or appearance of the Glen Wyllin Conservation Area; and second the potential benefits of the proposed scheme.
81 Paragraph 9.1 of the Glen Wyllin Conservation Area Character Appraisal suggests that it is the quality of the Glen's open spaces, green areas and trees that probably provide the most important reason for its designation as a Conservation Area. The proposed glamping pods, yurts and log cabins (with the additional hot tubs and barbecue hut) would undoubtedly detract from the open, undeveloped character of this area. Unlike tents, caravans and motorhomes, the presence of which would be transitory, the proposed buildings would be permanent.
82 In my view, the two-storey log cabins would be particularly conspicuous, sited on the rising land on the north side of the Glen. In appearance, they would not be dissimilar to small, twostorey houses. Paragraph 9.4 of the Conservation Character Appraisal refers to two-storey dwellings previously having been built too close to the edge of the Glen, with the result that their upper floors are visible from within the Conservation Area. It argues that this could have been avoided. However, the two-storey structures now proposed would be within the Conservation Area, and wholly visible from the valley bottom. I consider that they would compound the previous error.
83 Strategic Policy 4(a) of the Isle of Man Strategic Plan 2016 provides for the protection of Conservation Areas. Environment Policy 35 of the Strategic Plan indicates that, within a Conservation Area, development will be permitted only if it would preserve or enhance the character or appearance of that area, and ensure that special features contributing to the area's quality are protected. In my view, the buildings now proposed would neither preserve nor enhance the open character and appearance of the Glen Wyllin Conservation Area. I disagree with the Conservation Officer's assessment that the impact of these proposals on the character of the Conservation Area would be negligible.
84 The proposed pods, cabins and yurts would be serviceable in all weather, and would offer a relatively luxurious form of camping holiday. They would provide an extra dimension to the self-catering accommodation available in Glen Wyllin. I have no doubt that this would add to the attraction of the Isle of Man as a tourist destination, with beneficial economic consequences. Paragraph 9.5.4 of the Isle of Man Strategic Plan refers to the need to broaden the range of tourist accommodation. I have no doubt the proposed development would contribute to this objective. I attach weight to the DfE's support for this scheme.
85 The installation of effective land drains should help reduce the number of occasions on which parts of the campsite become saturated and unusable. Provided that the proposed drainage system would have no adverse effect on trees, I consider that it would be unexceptionable. Similarly, I consider that the installation of a geotextile mesh in the proposed parking area, and the erection of a screening fence around the area in which the catering van and the storage container would be kept, would be beneficial.
86 Nevertheless, Business Policy 11 of the Strategic Plan states that 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. The designation of Glen Wyllin as both a National Glen and a Conservation Area, and the designation of the application site as Public Open Space in the Kirk Michael Local Plan, each aim to protect the open character of
this land. I do not consider that the erection of residential buildings on the application site would be consistent with these designations. In the light of Business Policy 11, I see no reason why the erection of permanent buildings to provide sleeping places and other facilities for tourists should be any more acceptable. There is a danger that, if planning approval were granted for the proposed buildings, and they proved to be successful, there might be pressure for further similar development within this Conservation Area, which may be difficult to resist without an apparent inconsistency in the application of policy.
87 On balance, I consider that the adverse effect of the proposed development on the open character and appearance of the Glen Wyllin Conservation Area, and uncertainties with regard to its environmental consequences, outweigh its likely economic benefit in enhancing the Isle of Man's tourism offer. Accordingly, I consider that planning approval should be refused.
88 However, if the Council of Ministers is minded to grant approval, I consider that conditions should be imposed along the lines suggested by the Planning Officer as set out in paragraph 58 above, subject to the following qualifications:
Recommendation
89 I recommend that planning approval be refused in respect of application No 17/00386/B, for the use of land for tourist purposes, comprising a caravan/motorhome site (for up to 46 caravans/motorhomes in total) and a campsite comprising up to 120 tent pitches, along with the erection of two yurts, eight log cabins, eight camping pods and ancillary facilities, and the installation of land drains, at Glen Wyllin Campsite, Glen Wyllin, Kirk Michael, Isle of Man, for the following reasons:
The proposed buildings would detract from the open character and appearance of the land, which is an important feature of the Glen Wyllin Conservation Area. This would be contrary to Environment Policy 35 of the Isle of Man Strategic Plan 2016, which provides that, in a Conservation Area, development will not be permitted unless it would preserve or enhance the character or appearance of that area, and ensure that features contributing to the area's quality are protected.
No Environmental Impact Assessment (EIA) accompanies the planning application, contrary to Environment Policy 24 and paragraph A.5.2(j) of the Isle of Man Strategic Plan 2016. These provide that an EIA will be required with any application that proposes a permanent camp site or caravan site. The environmental information submitted with the application is inadequate.
In view of the lack of environmental information, there is uncertainty about the effect of the proposed surface water drainage arrangements on the health of trees which may be an important feature of the Glen Wyllin Conservation Area.
There is evidence that the application site has previously been flooded, and could be vulnerable to future flooding. However, no flood risk assessment has been submitted, contrary to Environment Policy 10 of the Isle of Man Strategic Plan 2016.
Michael Hurley BA DipTP Independent Inspector 18 July 2018
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