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18/00613/B Page 1 of 9
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/00613/B Applicant : Mr Andrew Clague Proposal : Demolition of two existing stone barns and erection of a multi- purpose building for entertainment and leisure activities, including access road, car park and associated landscaping Site Address : Ballakaighen Farm Whitebridge Road Onchan Isle of Man IM4 6AD
Head of Development Management: Mr S Butler Photo Taken :
Site Visit : 27.09.2018 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 22.10.2018 __
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. No development shall commence until a bat survey has been submitted to and approved in writing by the Department. The bat survey shall identify impacts on bat species together with mitigation, where appropriate, including a timetable for its implementation. The development shall not be carried out unless in accordance with the approved details.
Reason: To provide adequate safeguards for the bats.
C 3. Prior to the building hereby approved being brought into use, the parking area and hard landscaping as shown on drawing 1746-04-P03-B shall be fully implemented and retained as such thereafter.
Reason: To ensure that the hard landscaping is implemented (in the interest of the amenity and pedestrian safety of site users) and to the ensure that there is sufficient laid out car parking
C 4. Prior to the development hereby approved being brought into use, details of the soft landscaping, as shown on drawing 1746-04-P03-B shall be submitted to and approved in
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writing by the Department. The soft landscaping shall be carried out in full in accordance with the approved details in the next available planting season. Any plants which become damaged, diseased or die within 5 years of the implementation of the soft landscaping scheme shall be replaced.
Reason: To ensure that the soft landscaping is implemented, in the interest of the visual impact and amenity for users of the site.
C 5. Events on Sundays to Thursdays inclusive shall finish by 22:00. Events on Fridays or Saturdays shall finish by midnight.
Reason: To provide adequate safeguards for neighbouring residential amenity.
C 6. No external flood lighting shall be installed as part of the development hereby approved
Reason: No such lighting is shown within the application and therefore for the avoidance of doubt it is clarified that no approval is given for flood lighting, which could have an unnecessary adverse impact on the surrounding area (i.e. light pollution).
Plans/Drawings/Information:
This approval relates to drawings referenced: P01-D; P02-D; and Ex-01 date stamped received on 13th June 2018 and, P03-B date stamped received 10th September 2018.
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Interested Person Status - Additional Persons
It is recommended that the following organisation should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
As they do not own or occupy property that is within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy and they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Department's Operational Policy on Interested Person Status July 2018). __
Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT IS NOT IN ACCORDANCE WITH THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL
THE APPLICATION SITE 1.1 The application site is a parcel of land that includes an access track and a pair of stone barns associated with Ballakaighen Farm, Whitebridge Road, and which sits within the rural part of Onchan. The two barns measure roughly 110sqm and 105sqm. The farm is now primarily in leisure use, and is commonly referred to as 'Laserblast' although there are a number of other activities that take place here. The land edged blue in association with Ballakaighen Farm is significantly larger and includes various other buildings and uses, one of which is a seasonal marquee (2015) and campsite (2016).
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1.2 The currently application mainly relates to a parcel of land which is to the immediate east of the existing laser/fun barn buildings and the marquee building. The site is initially flat in nature, albeit approximately half the site is sloping and runs downwards towards the MER railway line and King Edward Road.
1.3 The applicant also owns the residential property Ballakaighen House which is directly to the north of the application site.
1.4 Directly opposite the entrance to the site is the residential property known as "Sunnyside".
PROPOSAL 2.1 Proposed is the demolition of 2no.stone barns and the erection of a new multi-purpose building including access road, car park for an additional 20 vehicles and landscaping and paving on site.
2.2 This application proposes a footprint measuring 27.6m by 24.7m (682sqm), with eaves 6m above ground level and the apex of the roof 8.8m above ground level. The proposed mezzanine would accommodate part of the floor space width (11m) for the use as a 6 lane, 10- pin bowling alley. The ground floor would see the creation of a café, party rooms, toilets and a full height multipurpose room measuring 12.8m x 22.0m.
2.3 The building would be finished in a mixture of materials: the roof would be dark green insulated metal profiled sheets with 16 roof lights. The building would be painted smooth render to the lower parts of the building and the upper proportions cladded with insulated panels but with exterior timber boarding. Each of the elevations would feature glazing elements on the corners and the north and south elevation would incorporate stone salvaged from the demolished barns. The proposed finished reflects those of the previous approval.
2.3 The agent notes, this application is for amendments to PA15/00812/B which was approved in February 2016 and seeks improvement to the access and formalisation of the car parking areas. The main difference in the buildings size would be; o Floor area (2015 - 551sqm) (2018 - 681sqm) o Length (2015 - 22.7m) (2018 - 24.7sqm) o Width - (2015 - 24.3m) (2018 - 27.6sqm) o Height - (2015 - eaves 4.9m ; Apex 7.3m) (2018 - eaves 6.0m ; Apex 8.8m) o Mezzanine - (2015 - 125sqm) (2018 - 366sqm)
2.4 The agent notes; "whilst the amended scheme has a larger footprint than that of the originally approved building, this will allow for greater flexibility in the use of the building and create more variety in the activities available on site".
2.5 Part of the overall scheme will see a number of improvements to the access road and car parking. This wold include the concreting of the driveway from the highway; formally laying out of the 60 bay car parking with tarmac/ block paving road way and stone chippings to the parking bays. The applications would be accompanied with a mix of native and understory mix of planting throughout the site.
PLANNING HISTORY 3.0 The application site has seen a number of planning applications (22 since 1989) over the years, listed below are the most relevant and recent that is worth noting (separate approvals exist for use of part of the site for camping but are not considered relevant for the consideration of this application).
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3.1 17/00123/B for "Demolition of two existing stone barns and erection of a multi-purpose building for entertainment and leisure activities" was refused 16th June 2017 for the following reasons:
3.2 15/00812/B for, "Demolition of two existing stone barns, erection of a multi-purpose building for entertainment and leisure activates and creation of an overflow car park" this was approved at Planning Committee subject to various conditions relating to bats, hours of use and landscaping, as set out below.
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.
No development shall commence until a bat survey has been submitted to and approved in writing by the Department. The bat survey shall identify impacts on bat species together with mitigation, where appropriate, including a timetable for its implementation. The development shall not be carried out unless in accordance with the approved details. Reason: To provide adequate safeguards for the bats.
Events on Sundays to Thursdays inclusive shall finish by 22:00. Events on Fridays or Saturdays shall finish by midnight. Reason: To provide adequate safeguards for neighbouring residential amenity.
Events taking place within the land edged red and blue on Drawing P01 (date-stamped as having been received 20th July 2015), and finishing after 22:00, may occur no more frequently than twice in each calendar month. Reason: To provide adequate safeguards for neighbouring residential amenity.
Prior to the commencement of works, a landscaping scheme shall be submitted to and agreed in writing by the Department. Such a scheme shall have particular regard with respect to the northwestern side of the proposed car park. Such a scheme shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained; details of all new walls, fences and other boundary treatment and finished ground levels; a planting specification as appropriate; the location of grassed areas; details of the hard surface treatment of the open parts of the site, and a programme of implementation. All hard and/or soft landscaping works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed in writing with the Department. Any trees or plants indicated on the approved scheme, which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department. All hard landscape works shall be permanently retained in accordance with the approved details.
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Reason: To ensure the provision of an appropriate landscape setting to the development in view of its prominence from the Whitebridge Road.
PLANNING POLICY 4.1 The application site is within an area shown as 'open space' under the Onchan Local Plan Order 2000. There are no policies within Planning Circular 1/2000, which constitutes the written statement to be read in conjunction with the Local Plan, that are considered material to the assessment of the planning application.
4.2 The Isle of Man Strategic Plan 2016 contains various following policies that are considered specifically material to the assessment of this application, as set out below.
4.2.1 Business Policy 11 provides support to tourism development provided it is in accordance with other policies (Environment Policy 16 allows for the reuse of buildings for various uses including tourist related) Strategic Policy 2 directs new development in accordance with a settlement hierarchy, whilst General Policy 3 sets out exceptional circumstances in which development in the countryside may be supported, this includes, "(c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment".
4.2.2 General Policy 2 sets out more detailed 'Development Control' considerations which applies to development which is in accordance with land use zones. However, it is considered that if the principle of a development is considered acceptable (even as a departure) then it is not unreasonable to have regard to the detail of General Policy 2.
4.2.3 Strategic Policy 5 seeks to ensure that new development is well designed and Environment Policy 1 seeks to provide a broad level of protection to the countryside.
4.2.4 Environment Policy 4 seeks to protect, amongst other things, protected species.
4.2.5 Environment Policy 22 provides more detail in relation to protecting the environment and local residents in relation to pollution (including light and noise).
4.2.6 Transport Policy 4 relates to new and existing highways being safe and appropriate. Transport Policy 7 (and appendix 7) set out parking standards.
4.3 The application site does not feature as part of the Area Plan for the East.
REPRESENTATIONS 5.1 Onchan District Commissioner's recommends approval (11.07.18)
5.2 Highways Services have (14.05.18) commented at length seeking a deferral as no visibility splays are shown (no works are proposed to the splays). They are generally in support of the proposals but question the volume of parking available if all the uses were taken up at once. However they have suggested a condition to ensure the marquee is not used at the same time as the multi-purpose space.
5.3 DEFA Biodiversity Officer has recommended a bat survey is undertaken of the gable ends and underside of slate roofs prior to demolition (13.07.18).
5.4 Friend of Onchan's Heritage considers the proposed building too large and its bulk is out of keeping with the existing buildings and is more akin to something on the Freeport estate or Cooil Business Park and not in keeping with its rural setting (26.06.18).
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5.5 A resident from Glebe Cottage, Kirk Michael, has commented to say they believe the use should be within an urban setting and not in the countryside. The loss of the disused farm buildings should not allow for a replacement building in the countryside (25.05.18)
ASSESMENT 6.1 The fundamental issues to consider in the assessment of this planning application are the; o principle of the development (Onchan Local Plan, Business Policy 11, Strategic Policy 2 and General Policy 3); o visual impact of the proposed development on the countryside (General Policy 2, Strategic Policy 5 and Environment Policy 1); o impact on protected species (Environment Policy 4); o noise and light impact on wider environment (Environment Policy 22); and o impact in terms of highway safety and parking provision (General Policy 2 and Transport Policies 4 and 7).
6.2 Principle of the development 6.2.1 Reflecting on the planning history in section 3 of this report and the comments received from the objectors as noted in 5.4 & 5.5, it is clear the Ballakaighen Farm is no longer a farm and is now operated with a variety of leisure uses throughout the year. A replacement building in lieu of the old barns was established in 2015 where the then planning committee considered the design and siting of the proposed building was relative to the existing situation. Whilst not complying with the land use zoning, the Planning Committee set aside the aforementioned planning policies in section 4 of this report and concluded that the established use of the site should take precedence over the land use zoning. They also considered that the design and siting of the replacement building was appropriate relative to the existing situation and that the applicants business should be given support. The proposed use would see the one building having a multitude of uses; bowling alley, party rooms, café, and multipurpose room and toilet facilities. These uses would not be seen to be incompatible with the existing leisure activities on site and would be complimentary to the overall function of the site as a whole planning unit.
6.3 Visual impact of the proposed development; 6.3.1 The proposed building whilst slightly different in its dimensions would not be significantly different than what was previously deemed acceptable. The justification for the larger building would allow the operators greater flexibility in using the building. The physical dimensions are somewhat dictated by the size of the bowling alleys but when considering its impact with in the countryside, it would sit amongst a collection of existing building and would not be incompatible in its massing or form.
6.3.2 The visual impact from the highway (Whitebridge Road) would take on the appearance of what was previously approved in 2015 (the 2017 application watered down the design and finishes and was considered detrimental) seeing a combination of vertical timber cladding and stone to the gable elevation. The low profiled ridge height, twinned with a lower ground floor level would help to ensure its massing is somewhat concealed and only the upper proportions of the building would be visible. From the Highway at king Edward Road to the south of the site, any views or vantage points are mitigated by existing trees and topography of the land which reduces any visual harm.
6.3.3 The application is accompanied with a landscaping proposal and the topography of the land would assist in mitigating any views from the highway of White bridge Road. On balance the proposal is deemed acceptable without having any detrimental impact on the countryside and would be read in the context of the existing buildings onsite.
6.4 Impact on Protected Species 6.4.1 The comments from the DEFA Biodiversity Officer are noted and it is considered could be addressed by condition (as per the 2015 approval)
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6.5 Noise and light impact on wider environment 6.5.1 Given the nature of the proposed use and the existing nature/use of the site it is not considered that there would be such an increased level of impact as to justify refusal. Conditions were attached to the 2015 approval restricting hours of operation (this is recommended for the current application) and also the frequency of outdoor events (given the nature of the current proposal this is not considered necessary).
6.6 Impact in terms of highway safety and parking provision 6.6.1 The comments from highways services are noted in section 5.2, the proposal would see the existing car parking area, formally laid out and finished to a higher standard with the use of block paving and further landscaping to soften the appearance and give the area a better sense of place. Also proposed is the additional parking to the north of the proposed building with a engineered solution to the parking by using a geotechnical reinforced grass guard system to blend into the surrounding field and would be used as an over flow parking area.
6.6.2 Highways in their response of 11.07.18 are satisfied the improvements to the existing access is acceptable, the implementation of a one way system and road widening scheme is acceptable; sizes of car parks would be acceptable to MfMR. On balance, I am satisfied that the volume of parking spaces proposed would be acceptable giving the competing uses and would not result in an over intensification of users or parked cars through the internal management of the site and uses on site. The applicant confirms the majority of users, children, are generally dropped off and picked up. This could be reinforced through an appropriate planning condition to ensure there are no functions taking place in the multi- purpose building when the marquee is in use to avoid conflict, however given the nature of the uses and the overall parking provision, it is not considered that such a condition is necessary. The scope of works would not see any alteration to the highway junction as confirmed by the applicant on 10.09.18 and would remain as is.
6.6.3 It is therefore considered that the proposal is in accordance with Transport Policies 4 and 7.
CONCLUSION 7.1 For the above reasons, it is concluded that the planning application would not harm the use and enjoyment of the countryside or the highway network and is recommended for approval.
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: 12.11.2018
Signed : Mr S Butler Presenting Officer
Further to the decision of the Committee an additional report was required
YES/NO See below
PLANNING COMMITTEE DECISION 12.11.2018
Application No. :
18/00613/B Applicant : Mr Andrew Clague Proposal : Demolition of two existing stone barns and erection of a multi- purpose building for entertainment and leisure activities, including access road, car park and associated landscaping Site Address : Ballakaighen Farm Whitebridge Road Onchan Isle of Man IM4 6AD
Head of Development Management : Mr S Butler Presenting Officer As above
Addendum to the Officer’s Report
At the meeting held on the 12th November, having noted that the barn had been demolished, the case officer amended his recommendation by the removal of condition 2 and the subsequent renumbering of the following conditions.
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.
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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. Prior to the building hereby approved being brought into use, the parking area and hard landscaping as shown on drawing 1746-04-P03-B shall be fully implemented and retained as such thereafter.
Reason: To ensure that the hard landscaping is implemented (in the interest of the amenity and pedestrian safety of site users) and to the ensure that there is sufficient laid out car parking
C 3. Prior to the development hereby approved being brought into use, details of the soft landscaping, as shown on drawing 1746-04-P03-B shall be submitted to and approved in writing by the Department. The soft landscaping shall be carried out in full in accordance with the approved details in the next available planting season. Any plants which become damaged, diseased or die within 5 years of the implementation of the soft landscaping scheme shall be replaced.
Reason: To ensure that the soft landscaping is implemented, in the interest of the visual impact and amenity for users of the site.
C 4. Events on Sundays to Thursdays inclusive shall finish by 22:00. Events on Fridays or Saturdays shall finish by midnight.
Reason: To provide adequate safeguards for neighbouring residential amenity.
C 5. No external flood lighting shall be installed as part of the development hereby approved
Reason: No such lighting is shown within the application and therefore for the avoidance of doubt it is clarified that no approval is given for flood lighting, which could have an unnecessary adverse impact on the surrounding area (i.e. light pollution).
Plans/Drawings/Information
This approval relates to drawings referenced: P01-D; P02-D; and Ex-01 date stamped received on 13th June 2018 and, P03-B date stamped received 10th September 2018.
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