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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/01332/C Applicant : Isle Of Man Vagabonds RUFC Ltd Proposal : Temporary use of rugby pitch and facilities as a camp site for TT Practice and Race Weeks Site Address : Ballafletcher Sports Centre Strang Douglas Isle Of Man IM4 4RA
Head of Development Management: Mr S Butler Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 10.02.2020 __
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. The camp site may be available for use no earlier than the day before the first practice associated with the TT races and up to the day after the last race and the camp site may be erected within five days before this and taken down within five days after this.
Reason: The application is for the use of the site for the TT period only and whilst provision should be made for setting up and dismantling the camp site, the site should not be used for camping outside those times reasonably associated with these race periods.
C 3. There shall be no vehicular access to the site other than via the hospital access road.
Reason: In the interest of highway safety.
C 4. Car parking and manoeuvring areas shall be provided and remain free from obstruction.
Reason: In the interest of highway safety.
C 5. There shall be no pitching of tents outside of the rugby pitches shown within the red line boundary on the site plan submitted as part of the application and date-stamped as having
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been received 25.11.19 and there shall be no pitching of tents within the cricket wicket area shown cross hatched on that plan.
Reason: In the interests of public and private amenity, and given that the proposal is approved as a Departure from the Development Plan based on the circumstances in 2020, and to protect the use of the site as a sports ground.
C 6. There shall be no pitching of tents on the area of the Western Rugby Pitch as shown within the red line boundary on the site plan submitted as part of the application and date- stamped as having been received 25.11.19 other than for TT 2020, 2021 and 2022
Reason: In the interests of public and private amenity and to limit the overall scale of the development in the longer term,
C 7. The maximum number of pitches to be available for use shall be restricted to 60 other than for TT 2020, 2021 and 2022 where the maximum number of pitches shall be 120.
Reason: In the interest of public and private amenity and highway safety.
This application has been recommended for approval for the following reasons(s): Given the planning history of the site and circumstances of the site and proposal it is considered that these could constitute 'other material considerations' that could justify a departure from the development plan. It is therefore considered that for this particularly proposal on this particular site, that a further temporary approval for an increase in numbers and area is appropriate, and this would allow time for more information to be gathered in relation to parking and clearer evidence for permanent increase to be produced (either site- specific by the applicant and/or sector wide by the Department for Enterprise/Cabinet Office).
Plans/Drawings/Information;
This approval relates to the following plans/information all date stamped as having been received 25.11.19:
Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT IS A DEPARTURE FROM THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL
1.0 THE APPLICATION SITE 1.1 The application site is the curtilage of one of the rugby pitches associated with Ballafletcher sports ground located to the south east of the main car park and hospital buildings of Nobles Hospital. Immediately southwest of the rugby pitch is another single rugby
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pitch with two football pitches further southwest of this. The rugby pitches are used by Isle of Man Vagabonds. The wider site has historically been the subject of a number of applications seeking approval for the temporary use of the football pitches and club facilities for camping during the TT festival.
1.2 As before, the site occupies the same area as approved under 16/00912/B and in terms of built accommodation has a pavilion, changing rooms and clubhouse. The site also provides parking for at least 110 vehicles. The car park is also used as an overflow car park for Nobles Hospital.
2.0 THE PROPOSAL 2.1 The applicant notes the planning history (see below). This application seeks approval for the change of use for 120 tents on an increased area of the rugby pitches (excluding the cricket 'square'). The number of tents is to allow for staff tents to supervise the site 24/7 and also allow tents to be prepared for change over days. The maximum occupancy of each tent is to be 4 persons. The clubhouse will provide showering/toilet facilities and hot food and bar facilities will be available. The application seeks approval for use of the site from the day before first practice until the day after the last race with 5 days either side for erection/dismantling of the site.
2.2 The applicant indicates that experience has shown the car park is adequate (They indicate 110 spaces). In 2019 the number of vehicles was recorded as 45 motorbikes and 5 cars (Rugby Club) and 90 motorbikes and 15 cars (Football club) - these are figures over a 2 week period and so not necessarily all present at the same time.
3.0 PLANNING HISTORY 3.1 Planning approval was granted in 2007 under PA 06/01967/B for the laying out of sports pitches and associated car parking. Aside from the similar application at the Corinthians and Douglas Royal Football Club, no other applications are considered material to the assessment of this current application, though it is to be borne in mind that a number of similar uses are proposed, and generally approved, across the Island. This does not mean that additional such sites, or the more intensive use of already approved sites, are necessarily acceptable, but it does point to a wider trend servicing a particular and defined need.
3.2 Planning Approval for 15/01302/C was for the temporary use of rugby pitch and facilities as a camp site for TT Practice and Race Weeks (the redline boundary of this site was slightly smaller than the current application), subject to various restrictions including the overall number of pitches (40).
3.3 Application 16/00912/B for variation of Condition 5 of planning approval granted under 15/01302/C to allow 60 temporary camping pitches at any one time.
3.4 Application 19/00238/B for variation of condition five of PA 16/00912/B, Variation of Condition 5 of planning approval granted under 15/01302/C to allow 60 temporary camping pitches at any one time, to increase the number of camping pitches to 120 was approved subject to the following conditions (these mirror the 6 attached to 15/01302/C other than there is no 4 year condition, hence what was condition 5 became condition 4 and was reworded). o C1. The camp site may be available for use no earlier than the day before the first practice associated with the TT races and up to the day after the last race and the camp o site may be erected within three days before this and taken down within three days after this. Reason: The application is for the use of the site for the TT period only and whilst provision should be made for setting up and dismantling the camp site, the site should not be used for camping outside those times reasonably associated with these race periods. o C2. There shall be no pitching of tents outside of the rugby pitch as defined on Drawing 1080-SL01, date-stamped as having been received 01.03.19. Reason: In the interests of public and private amenity.
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o C3. Car parking and manoeuvring areas shall be provided and remain free from obstruction. Reason: In the interest of highway safety. o C4. The maximum number of pitches to be available for use shall be restricted to 60 other than for TT 2019 where the maximum number of pitches shall be 120. Reason: In the interest of public and private amenity and highway safety. o C5. There shall be no vehicular access to the site other than via the hospital access road. Reason: In the interest of highway safety.
3.4 The minutes of the Planning Committee meeting state,
"The Members expressed concern that this application may create future problems, and referred to the camping review carried out by the Department of Enterprise. Miss Corlett confirmed that the review is of all the campsites as a whole. In response to questions, Mr Butler advised the Members with regard to parking concerns, the proper evidence required, and timescales with regard to submitted applications together with any subsequent appeals. Mr Leece confirmed that the Applicant has decided to apply earlier next year in order have a full application. There is a company which provides marketing services on the club's behalf, and the club itself is very engaged with the community. The site itself provides good quality access with transport links via the local bus service. The Members noted that while this application was for this year, there is an extant permission for 60 pitches going forward. Mr Leece stated that the need is for 90 tents this year, but that these must be booked in advance. The company also provides glamping services in the UK".
4.0 PLANNING POLICY 4.1 The application site is within an area zoned as "Land owned by Government - Open Space in Agricultural Use" identified on the Braddan Local Plan 1991. The Isle of Man Strategic Plan 2016 contains general planning policies but does not have Policies that are specifically set out policy tests for temporary camping sites, other than those policies which relate to all development or to tourist development generally.
4.2 The Isle of Man Strategic Plan 2016 contains four policies that are relevant to the assessment of this current planning application. The planning application should be assessed against both General Policies 2 and 3: while the latter refers only to land not zoned for any development, some of the general principles of General Policy 2 with respect to the character of the area and impact upon highway safety.
4.3 General Policy 2 states in part: "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: (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; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them."
4.4 General Policy 3 states: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan other than in certain circumstances, including, "development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative"
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4.5 The Strategic Plan policies in relation to Environment Impact Assessment (EIA) set out a list in Appendix 5 if situations where it is proposed that an EIA will be required in every case, which lists "permanent camp sites and caravan sites" and is therefore not applicable to this application.
4.6 Business Policy 11 states: Tourism development must be in accordance with the sustainable development objectives of this plan; policies and 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. Within the rural areas there may be situations where existing rural buildings would be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted.
4.7 Transport Policy 4 states: The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan.
5.0 REPRESENTATIONS 5.1 DOI Highway Services comment (15.01.20) that although there are no objections, they still have concerns in relation to potential parking demand in future years. Further evidence is required in the form of more detailed parking surveys providing comfort that parking issues would not arise from the peak in demand from 120 pitches. However, they acknowledge the important of the provision of camping facilities for TT and suggest a 3 year temporary approval (With the same other conditions as 19/00238/B) to allow the club to proceed and also allow more detailed information to be acquired by the club/operator to support a future application.
5.2 Braddan Commissioners have no objection (21.01.20).
5.3 DHSC have indicated they support the application, and had the opportunity to review it prior to submission (19.12.19).
5.4 DfE (Tourism) responded on 19.12.19 and initially indicated they had no comments., Following a phone conversation they advised that the report on non-serviced accommodation was still being finalised but if the recommendation of the report that there are no more temporary campsites was approved, this application would still be able to be approved as the draft report indicated any site registered as at 1st September 2019 should remain. A subsequent e-mail (09.01.20) stated, "As you may be aware, Visit Isle of Man recently created a policy in regards to campsites on the Isle of Man. The Visit Isle of Man Agency Board has voted against the policy in favour of changing nothing and instead let it be driven by market forces. All campsite applications should continue to be given the opportunity to achieve planning permission and the decision as to whether this is granted should be down to the planning team. Visit Isle of Man will continue to register all campsites subject to them having the correct permissions from all departments".
6.0 ASSESSMENT 6.1 Principle 6.1.1 Given the planning history of the site, and the nature of the current proposal it is considered that the issue is not the principle of temporary camping on the site per se, but the increase of the permitted area and the increase in the number of pitches.
6.1.2 The assessment of the previous application on this site stated, "...from a tourism perspective, and from the supporting statement submitted by the applicant, there is a significant demand for camping sites during the TT fortnight and additional camping facilities would aid in the growth of the tourist economy".
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6.1.3 The determination of this application has been delayed as the expected publication of a Non-Serviced Accommodation Strategy by DfE was awaited. The decision not to publish this strategy has made the assessment of this application much more difficult.
6.1.4 Section 10 (4) of the Town and Country Planning Act (1999) is set out below, and applies to the decision maker whether that be an officer, the Planning Committee of the Minister.
"In dealing with an application for planning approval or an application under subsection (3), the Department shall have regard to - (a) the provisions of the development plan, so far as material to the application; (ab) any relevant national policy directive under section 2A; (b) any relevant statement of planning policy under section 3; (c) such other considerations as may be specified for the purpose of this subsection in a development order or a development procedure order, so far as material to the application; and (d) all other material considerations".
6.1.5 It is therefore the role of DEFA to apply the duly made planning policies and to take into account 'other material considerations' which could include published and publically available evidence and strategies/policies produced by other Government Departments.
6.1.6 As previously indicated, there are no specific policies in the Development Plan which relate to camping uses. The previous approach has been, whilst awaiting the publication of clear evidence and policy position by the Department for Enterprise (or Cabinet Office, with responsibility for Planning Policy), for applications have therefore been judged on its own merits on the basis that there was accepted need for additional camping facilities. It is important to recognise that there is potential harm from oversupply of temporary camping sites, in that the viability of permanent and 'full-time' may be undermined leading to a lack of investment, or potential closure, of such sites and so an economic dis-benefit overall.
6.1.7 As DfE have now completed their review of evidence and decided again the publication of a clear policy position, it could be argued that the context of dealing with campsite applications has changed. The Department must continue to apply the duly made Development Plan policies without having a clearly articulated policy/evidence/position that could have been regarded as an 'other material consideration' which may have supported approving departures from the plan for camping sites.
6.1.8 Given the absence of specific policies within the Strategic Plan providing criteria for assessing campsites, proposals could be supported by the development plan would be if the applicant had provided compelling evidence which met the need/alternative tests set out in General Policy 3. No such information has been provided (or indeed specifically sought, given the expectations set out in 6.1.1). It is therefore concluded that the proposal is contrary to the development plan and that this is, in itself, could provide sufficient justification for refusal. However, it is also appropriate to consider whether there are site specific issues which weigh in favour or against the proposal.
6.2 Site/Proposal Specific Issues 6.2.1 Campsites raise a number of specific issues which need to be considered:
6.2.2 All pitches would be 'glamping' in that they would be laid out and ready to use and no self-camping 'scout style' using their own tents or walk-ins would be allowed with the
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occupation of the site being strictly controlled by pre-booking . The assessment of the previous application included assessment of the principle of increasing the number of pitches. In support of that application, it was argued that the increase in pitch numbers sought would better utilize an underused site in which the 60 authorised pitches occupy approximately 50 per cent of its area. That application therefore sought to more fully utilise the available space within the red line area of the site for the positioning of 120 pitches each capable of accommodating up to four persons each together with their bikes.
6.2.3 In this case, given the distance from residential properties it is not considered that there is any impact on residential amenity.
6.2.4 The applicant argued previously that the majority of the users to the campsite would arrive on foot from the airport or the ferry or travel to the site by bikes that can usually be accommodated either on the site or efficiently within the hospital overflow parking area without too much disruption to the function of their car park. The report for the previous application noted that other information submitted in support of the application in respect of visitors, vehicle numbers and how they arrive is also anecdotal and would need to be supported by more evidence within the form of a more thought out and considered application with analysable data and plans showing how the site would be laid out in terms of pitches as well as parking for bikes as well as cars. It noted that, if this were to be done, the Department would be in a better position to assess the impact the proposed camping site. The comments from the Department of Highways in relation to the current application are noted, including the suggestion of a temporary approval to gather more information.
6.2.5 The site is visible from Ballafletcher Road due to the site being set above the highway. The site is viewed as a sports ground given the existing paraphernalia and clubhouse building. Some campsites can be something of a blot on landscapes, particularly where they are prominent and subject to limited natural or other screening. In this instance, though, the fact the proposal is temporary in nature, and given no permanent new built development on the site is proposed, it is not considered the proposed development would have a significant impact upon the visual amenity of the area.
6.2.6 It is noted that previously a letter from the General Manager of Nobles Hospital expressed concerns that the hospital reduces clinical activity during the TT fortnight thus reducing the hospital demand for the overflow car par during this period. This was resolved in relation to the previous application and the express support of the DHSC in relation to the current application is noted.
6.2.7 It is noted that the proposal would take place on an existing sports facility. This is helpful in that it means the proposal is to some extent self-policing (the requirement of the club to use the pitches means it is unlikely to become permanent even without conditions). Furthermore, the revenue generated from the site will to some extent benefit an existing community resource.
6.2.8 The slightly longer set-up/take down period is noted but is not considered to be of such impact as to materially alter the conclusions above.
7.0 CONCLUSIONS 7.1 Since the last application, the concerns of the hospital appear to have been resolved. The concerns in relation to highways appear to have been partially resolved with the provision of some information, with a compromise being suggested of a temporary approval for 3 years. However, the policy position has become more difficult since the previous application and it is considered that the application should be refused for the reason set out at the beginning of this report.
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7.2 It is noted that Business Policy 11 indicates that tourism development should be assessed in the same way as other development. The application site is within an area zoned as "Land owned by Government - Open Space in Agricultural Use" identified on the Braddan Local Plan 1991. The Strategic Plan (2016) General Policy 3 sets out a clear presumption against development in such areas other than for stated exemptions. No information has been provided to demonstrate overriding national need or no reasonable and available alternatives and there are no other published policies that would set out clear 'other material considerations' that would outweigh the development plan.
7.3 However, given the planning history of the site and circumstances of the site and proposal it is considered that these could constitute 'other material considerations' that could justify a departure. It is therefore considered that for this particularly proposal on this particular site, that a further temporary approval for an increase in numbers and area is appropriate, and this would allow time for more information to be gathered in relation to parking and clearer evidence for permanent increase to be produced (either site-specific by the applicant and/or sector wide by the Department for Enterprise/Cabinet Office).
7.4 It is important to note that planning approval was granted under 15/01302/C to allow 60 temporary camping pitches at any one time and application 16/00912/B was for variation of Condition 5 of planning approval granted under 15/01302/C to allow 120 temporary camping pitches at any one time. The variation of condition application was granted, but subject to a condition that the additional pitches were only used in 2019. The current application is not a variation of condition but a full stand-alone application. If it is approved and implemented then it will be the only approval the site is operating under. Therefore, should it be granted subject to a temporary approval this would mean that upon the end of that temporary period there would be no approval for any camping at the site (i.e. the site could not revert to the previous approval). Therefore the conditions have been worded to make the increase in numbers and site area temporary.
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. __
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: 17.02.2020
Signed : S BUTLER
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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
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