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18/00283/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/00283/B Applicant : Clinches Leisure Ltd Proposal : Creation of a temporary event space for the duration of the TT for a five year period to provide a marquee, stage, food, merchandise and toilet facilities with perimeter fencing Site Address : Bottleneck Car Park Loch Promenade Douglas Isle Of Man
Case Officer : Mr Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 30.04.2018 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 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) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. In any given calendar year, the temporary building/s hereby approved on this site shall not be in situ more than 7 days before the first day of practice week for the TT or more than 7 days after the last race day of the TT. The site shall be restored to its former condition within 7 days of the temporary building/s being removed after the event. For the avoidance of doubt no approval is granted for the retention of the temporary building/s between any of the racing events and this approval is only for the following years; 2018, 2019, 2020, 2021 & 2022
Reason: The application has been approved as an exception to the Development Plan on the basis of need for the TT events only and for a period of five years as proposed by the application.
C 3. The hours that live music/amplified can be operated should be limited to between 1200hrs noon and 0000hrs midnight.
Reason: in the interests of residential amenities of local residents.
Plans/Drawings/Information;
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Drawings reference numbers L0000 A, L1000 C, L1020 E, L3001 B all received on 6th April 2018.
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Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE BECAUSE THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.0 THE APPLICATION SITE 1.1 The application site is located at Bottleneck Car Park, Loch Promenade, Douglas. It is situated just to the east side of Loch Promenade and northwest of the Sea Terminal. The site currently is used as a car park (86 spaces) operated/owned by Douglas Corporation.
2.0 THE PROPOSAL 2.1 The application seeks planning approval for the creation of a temporary event space for the duration of the TT for a five year period to provide a marquee, stage, food, merchandise and toilet facilities with perimeter fencing.
2.2 The marquee would have a width of 75 metres, a depth of 15m and a ridge height of 5.2m. The marquee would accommodate a number of bars, a kitchen, food serving areas, a stage and the majority of the area being for customers to stand/sit. The western side of the marquee would be open and would have direct access onto a large outdoor area where customers can also stand/sit. The marquee has a total area of 1060sqm while the outdoor section (licence venue - including toilet area, storage, refrigerator area etc) has an total area of 1630sqm. This givens a total license area of 2690sqm and an occupancy capacity of 2814 people.
2.3 A 2m height fence would run along the northern, eastern and western boundaries of the site, while the western boundary a 1.2m high fence would be installed.
2.4 It is proposed that a total of approximately 45 staff would work on the bars/kitchen and a total of 22 security/stewards would be at the site at any one time.
2.5 The applicants have indicated: "We take ownership of the site 7 calendar days ahead of the opening of the event to the public and our Licenced period. So this year we take ownership from the morning of the 19th May, and we are Licenced from 12:00 noon of the 26th May for 14 days, as you then cover in your condition we must have the event structure removed and the car park surface made good and re-instatement of any barriers and meter / ticket rain covers etc.
7 days build - 14 days for the event and 7 days to remove and make good.
Access must be allowed to MUA to the pumping station and also pre agreed man hole access covers."
2.6 Once erected, in terms of operating the pub during the racing periods the applicants have indicated that the facility would be open to guests in accordance with the license terms
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which are to be from 1200hrs midday to 0000hrs midnight. The applicants also indicate that they have; "agreement with Douglas Borough Council and now approval from the police and licencing court that we are allowed to play live / amplified music until 12:00 midnight rather than the 11;00pm..."
3.0 PLANNING HISTORY 3.1 There are no previous planning applications on the site which are considered relevant in the determination of this application. However, it is clear and evident that the site has been used for a number of years for "Bushey's Beer Tent" since approximately year 2000. No applications where ever submitted for this site, for this use, albeit it is clear and undisputed such use/temporary buildings/music events have operated there during TT weeks.
4.0 PLANNING POLICY 4.1 The Douglas Local Plan 1998 identifies the majority of the site as being a "Principle Car Parks". There is a smaller section to the north of the site where the proposed toilets would be accommodated (adjacent to the existing pump station) which is designated as "Public Open Space". The site is within a Conservation Area.
4.2 The following policies in the Isle of Man Strategic Plan 2016 are considered relevant:
4.3 Whilst General Policy 2 does not strictly apply, the principles contained within it are general planning principles that ensure good development, and in this regard are relevant:
'Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption.'
4.4 Environment Policy 22 states: 'Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution.'
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4.5 Recreation Policy 2 states: 'Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances: (a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and (b) where there would be an overall community gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area.'
4.6 Transport Policy 7 states: 'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.'
5.0 REPRESENTATIONS - Please note that at the time of writing this report the amended 21 day consultation period (4th May) was still outstanding. The applications original consultation period was 20th April, but amended plans required and therefore the re-advertisement of the application was required, hence the 4th May. Therefore any additional representations received after writing this report, will be updated verbally to the Planning Committee Members.
5.1 Environment Protection Unit make the following comments (30.04.2018: "We are content with the music restrictions placed on the operators detailed on the licence issued by the Licensing Bench."
6.0 ASSESSMENT 6.1 In terms of the material planning consideration it is considered the following are relevant in the determination of the application: principle of development; the potential impact upon neighbouring residential amenities; potential impact upon visual amenities of the area/Conservation Area; and access and parking.
Principle of development 6.2 Firstly, as indicated previously the site is mainly designated as a principle car park under the Douglas Local Plan, therefore the proposal would not fall within this use. However, it is not considered an automatic reason to refuse the application in this case.
6.3 It is clear that for a number of years (approximately 18 years) the site being used as what is proposed now (albeit a different operator) for a number of years, and has become one of the main associated features of the TT races. It is considered while the loss of the car park would occur during the erecting/dismantling and operational stages it is considered the overall benefits of the site outweigh the loss of the car park for a temporary period. Furthermore, members of the public are well aware of the use of this site for the proposed purposes and make alternative arrangement for parking.
6.4 The proposal would result in a small section of Public Open Space being lost, however, the area in question is adjoin the existing pump station., which is not a large or an area which has especially attraction or use as public open space. Accordingly, the temporary loss of this area is considered acceptable in this case.
6.5 Overall, it is considered the principle of the development is acceptable.
The potential impact upon neighbouring residential amenities 6.6 The nearest residential neighbours are believed to be opposite the site above "La Pizza" restaurant within the Peveril Buildings, approximately 30+ metres to the west. It is considered there will be disturbances to these neighbouring properties compared to the site being used as a car park; however, no objections have been received and historically this site and the immediate highway (promenade) has been used to hold events during the TT period for a number of years. Therefore, while there is a potential impact, it is likely residents are aware of
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the general disturbances when they chose to occupy the site. It is considered a condition could be attached which limits the hours that amplified music can be operated.
6.7 The applicants have provided further update since the submission of the application, where they have indicated:
"We take ownership of the site 7 calendar days ahead of the opening of the event to the public and our Licenced period. So this year we take ownership from the morning of the 19th May, and we are Licenced from 12:00 noon of the 26th May for 14 days, as you then cover in your condition we must have the event structure removed and the car park surface made good and re-instatement of any barriers and meter / ticket rain covers etc."
And "We have an agreement with Douglas Borough Council and now approval from the Police and Licencing Court that we are allowed to play live / amplified music until 12:00 midnight rather than the 11:00pm you are suggesting."
6.8 The Department has sought comments from Environmental Protection Unit (DEFA); who have no objection subject to restriction of music to the hours as the Licencing Court have added.
Potential impact upon visual amenities of the area/Conservation Area
6.9 The fact the building is a temporary building for a temporary use, limits what type of building can be on this site. Certainly, should this current proposal be for a permeant building on the site, the Department would be seeking a building of greater architectural design and merit. However, given its use and appearance are temporary features during the TT only, it is considered acceptable. It is also noted that the car park by its very nature does not added to the character or quality of the Conservation Area.
Access and parking 6.10 The proposed complex would utilise existing parking found within Douglas. Further, a large number of visitors to the site either use public transport to the site (within a few minutes' walk of the Douglas bus station which has transport link throughout the IOM) or close to a number of hotels/B&B's/residential properties within Douglas which are all within easy walking distance.
7.0 CONCLUSION 7.1 For the reasons given it is recommended that the application should be approved subject to the conditions listed.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
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 in Article 6(4) who should be given Interested Person Status.
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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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted
Committee Meeting Date: 09.05.2018
Signed : C BALMER 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 09.05.2018
Application No. :
18/00283/B Applicant : Clinches Leisure Ltd Proposal : Creation of a temporary event space for the duration of the TT for a five year period to provide a marquee, stage, food, merchandise and toilet facilities with perimeter fencing Site Address : Bottleneck Car Park Loch Promenade Douglas Isle Of Man
Presenting Officer : Mr Chris Balmer
Addendum to the Officer’s Report
PLANNING COMMITTEE 09/05/2018
After discussion the Planning Committee agreed with the recommendation subject to amendment of Condition 2:
Condition 2: In any given calendar year, the temporary building/s and associated infrastructure hereby approved on this site shall not be in situ more than 7 days before the first day of practice week for the TT or more than 7 days after the last race day of the TT where all temporary building/s are required to be removed from the site and the site surface restored to its former condition. For the avoidance of doubt no approval is granted for the retention of the temporary building/s between any of the racing events and this approval is only for the following years; 2018, 2019, 2020, 2021 & 2022
Reason: The application has been approved as an exception to the Development Plan on the basis of need for the TT events only and for a period of five years as proposed by the application.
Conditions of Approval
C 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) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. In any given calendar year, the temporary building/s hereby approved on this site shall not be in situ more than 7 days before the first day of practice week for the TT or more than 7
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days after the last race day of the TT. The site shall be restored to its former condition within 7 days of the temporary building/s being removed after the event. For the avoidance of doubt no approval is granted for the retention of the temporary building/s between any of the racing events and this approval is only for the following years; 2018, 2019, 2020, 2021 & 2022
Reason: The application has been approved as an exception to the Development Plan on the basis of need for the TT events only and for a period of five years as proposed by the application.
C 3. The hours that live music/amplified can be operated should be limited to between 1200hrs noon and 0000hrs midnight.
Reason: in the interests of residential amenities of local residents.
Plans/Drawings/Information
Drawings reference numbers L0000 A, L1000 C, L1020 E, L3001 B all received on 6th April 2018.
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