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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 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 30.04.2018 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
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.
Drawings reference numbers L0000 A, L1000 C, L1020 E, L3001 B all received on 6th April 2018. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________
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
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
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.
4.1 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:
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:
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:
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
"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.
7.1 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:
8.2 The decision maker must determine:
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
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
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.
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.
days after the last race day of the TT. The site shall be restored to its former condition within
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.
Drawings reference numbers L0000 A, L1000 C, L1020 E, L3001 B all received on 6th April 2018.
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