Officer Report

Application No.: 16/00545/B Applicant: Mr Steven Curphey Proposal: Installation of two glamping pods, decking, fences, gardens and fifteen electrical hook up points (retrospective) Site Address: Campsite Field 221335 Ballaugh Glen Road Ballamoar Farm Ballaugh Isle of Man Case Officer : Miss Abigail Morgan Expected Decision Level: Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT PROPOSES DEVELOPMENT WHICH IS ON LAND WHICH IS NOT DESIGNATED FOR DEVELOPMENT AND THUS IS CONTRARY TO THE PROVISIONS OF THE DEVELOPMENT PLAN

1.0 THE SITE - 1.1 The site is a 1.7 ha field situated on the eastern side of the Ballaugh Glen Road 150m from the junction with the A3 TT course to the north. The site is a low, flat field which has existing residential development to the north in the form of a relatively modern bungalow. The field marks the more open, less built up part of the village and to the south of the site built development becomes more spaciously laid out, generally further from the road and larger in scale. - 1.2 The site is a short walk from Ballaugh for access to local services - the village shop, pub, bus service and taxis and for those interested in coming to the Isle of Man for the TT and Manx Grand Prix races, the course for which is on the A3 which is at the northern end of the Ballaugh Glen Road

• Ballaugh Bridge being a popular viewing point.

1.3 At present the site is a campsite with toilet and shower block, office unit and 5 electrical bollards, permitted under 12/00136, subject to some conditions, including restricting its operation between 1st May and 30th September in any year and for agricultural purposes outside that time. - 1.4 The shower and office blocks are located near the access from the Ballaugh Glen Road.

2.0 PLANNING STATUS AND POLICY - 2.1 The site lies within an area of High Landscape Value and Scenic Significance on the Town and Country Planning (Development Plan) Order 1982. - 2.2 As such there is a presumption against development as set out in General Policy 3 and Environment Policies 1 and 2. The Plan's policies on Tourism state that no lesser constraints will be placed upon tourism-related development than on other forms of development in undesignated areas. 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."
• 2.3 Environment Policy 2 applies two tests in essence the protection of the character of the landscape is the most important consideration unless it can be shown that:

• (a) the development would not harm the character and quality of the landscape; or
• (b) the location for the development is essential.

2.4 Strategic Policy 8: Tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and man-made attractions.

2.4 Environment Policy 22: 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.

2.5 It is also relevant however, that camp sites are generally sited in rural areas and that there are no sites identified as such in countryside in the north of the Island and the principle of a campsite being located here has been established under 12/00136/B.

3.0 THE PROPOSAL - 3.1 There are currently two applications in relation to this site, also 16/00546. This application is seeking erection of two glamping pods with decking and fencing to create a small associated garden and installation of 15 (additional) electricity bollards to be provided within the field, bringing it to 18 in total. 9 of these are located along the hedge boundary, the remaining 9 are in located throughout the middle of the field. - 3.2 The glamping pods are located on the southern boundary near to the office building. Each pod is 5.4m x 3.5m x 3.1, set in an area of apx 10m x 7m with decked area outside the entrance door and a wooden picket fence (1m high) to enclose each area. The pods themselves and the decking and fence are all timber. - 3.3 As is currently the case outside of the season, the bollards will be removed and the field will be used for agricultural purposes. There is no reference to the pods, it has been assumed that this application is seeking to retain them there all year round, albeit it not in use within the closed season.

4.0 PLANNING HISTORY - 4.1 Planning permission was sought for the creation of a camp site and the location of portacabins on the site under PA 08/1242. This application was refused on 30th October, 2008 for the reasons that:

"The siting of portacabins within the site represents an inappropriate development within an area of High Landscape Value and Scenic Significance which is having a detrimental effect on the openness of the countryside contrary to Environment Policy 1 and 2. Furthermore, the introduction of motorhomes into the site would act to increase the impact of the proposed development and consequently, would add to the adverse affect [sic] of the proposed development upon the surrounding area. Also the alterations to the existing access required to satisfy the standards of the

Department of Transport Highways Division would detrimentally affect the site and surrounding area".

4.2 Planning permission was granted for creation of campsite, erection of toilet and shower block, retention of office unit, access alterations and installation of five electric bollards (retrospective) under 12/00136/B, subject to the following conditions;

• C 1. This permission relates to the use of the site as a camp site between 1st May and 30th September in any year and outwith this time the site must be used for agricultural purposes or as Open Space. This permission also grants approval to the erection of a toilet and shower block, office structure, creation of a new access and sewerage and alterations to the existing access, all as shown in drawings received on 30th January, 2012.
• C 2. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
• C 3. No approval is hereby granted for the route of the new sewer pipe within the site as shown in the submitted drawing as this route will run through land which is archaeologically sensitive. Prior to the commencement of any works on the proposed development or the tourist use as approved, the applicant must have approved by the Planning Authority a scheme for the installation of sewerage which will not adversely affect the area of archaeological sensitivity. The drainage must be installed in accordance with these details. The applicant is recommended to consult Manx National Heritage in this respect.
• C 4. The external finish of all buildings on the site must be painted or stained dark brown or dark green.
• C 5. No use of the site for tourism purposes may commence until such times as the new access, with visibility splays of 2m by 70m have been installed as shown in the approved drawings, together with the proposed planting as shown.
• C 6. In the event that the camp site is not used as such for a period of 12 consecutive months or longer, the office structure, shower block and electricity posts must be removed from the site and the land restored for agricultural purposes.
• C 7. Motor homes and caravans may use the site only during the TT and Manx Grand Prix and for one week either side of the associated practice and race periods. Outside these times the site may be used only for camping in tents in accordance with condition 1 above.

4.3 PA 16/00546/B is also currently under consideration. This application is seeking to vary Condition 1 of 12/00136/B to allow the use of the camp site between the last Friday in April to the second Monday in October and in effect the removal of Condition 7 to allow use of the site for motor homes and caravans throughout the newly proposed season.

5.0 REPRESENTATIONS - 5.1 Ballaugh Commissioners. No objections. 16.06.16. - 5.2 DOI Highways - in conjunction with 15/00656/B Highways are now satisfied that the current access, as implemented under 12/00136/B is satisfactory for the proposals under both 16/545/B and 546/B. 07.10.16. - 5.3 DED Tourism fully supports the application. The campsite further to the grading assessor's visit is operating well and meets Tourism's Common Standards. The application meets the strategic objective within the Destination Management Plan (DMP) to offer glamping pods to meet the demands of visitors and extend the operation and be attractive to key markets identified in the

• DMP. In respect of the 15 hookups they confirm that such facilities are expected visitors but not only for use by Motorhomes but also by visitors camping. They are also supportive of extending the operational times.
• 5.4 As two applications were submitted at the same time many of the representations cover both applications, where they not specifically split they are replicated in full on both applications, otherwise they are dealt with individually.
• 5.5 Owner/occupier of Glen House, Glen Road, Ballaugh want to register their objections on the grounds that it intrudes on the rural quiet community. The glamping pods have already been erected. With regards to field 224314 we appreciate Mr Curphey's assurance that this will not happen again, but would like his assurance that the field will not be used as a car park for Tough Mann and any other events. Mr Curphey states that he keeps neighbours up to date with changes, they have had one conversation that was when the original application was submitted. 07.06.15.
• 5.6 Owner/occupier of Ballamoar Bungalow wish to object. The applicant has been very presumptive installed the pods. The site was for tents only and therefore the pods should not be allowed. The same applies to motor homes and caravans. We feel we have been very flexible and accepting but the time has now come to make a stand and we therefore object to any of the retrospective applications being approved. 14.06.16.
• 5.7 Owner/occupier of The Glaicke, Glen Road, Please see my supportive comments on 16/546/B. The installation of the hook ups and fire precaution facilities illustrate the enterprise put into this high end campsite. I hope this few comments will add weight to the application for a farsighted addition to island facilities. 17.06.16
• 5.8 Owner/occupiers of Mona House refer to the breach of planning controls that have taken place and that if accepted could lead to further breaches. They also refer to the fact that the applicant is the tenant and that his father-in-law is the owner and question whether there is a formal tenancy in place. They consider that the applicant has gone over and above the necessities of an acceptable seasonal campsite and if development should be limited to preserve the visual aspect of the site. They question if the additional pods and hook ups is practical to revert to agriculture in the remaining months of the year. With regards to the pods there is a level of permanency to them which does not correlate to the current permission. There have been changes to the facilities which have an adverse impact on residential properties by virtue of noise, light and general disturbance. 15.06.16.
• 5.9 Owners/occupiers of Maple Cottage, have no objection to the electricity bollards and the pods but request that no permitted be granted for any increase in numbers. There are already more structure on the site than have been given approval. They also make comments about compliance with the previous approval and the use of field 224314, which they wish this to be adhered to even for other events such as Tough Mann. 16.06.16.
• 5.10 Owner/occupiers of Ballamoar House objects as the area is not zoned for development and is area of high landscape value. The application contains the proposals to open for 8 months of the year which will enable people to reside on the campsite continuously for this time. Given the history of the site they have concerns that motorhomes and caravans will stay there all the time. Conditions on 12/00136/B should be upheld. 01.07.16.
• 5.11 Owners/occupiers of Chestnut Cottages has no objections to the application as they believe the site brings life and vitality and economic benefit to the village. They consider that the site complies with a number of Strategic Objectives 3.1 - 35 and policies within the Strategic Plan, particularly Strategic Policy 8 and meets the policies of the Tourist policy which encourages diversification for visitors. They also refer to the proposal season extension, stating that it would no more than an addition 1 week in October and 1 week in April. They have not had any problems with noise since it has been opened. 07.07.16.

5.12 In response the representations received the applicant has submitted a letter addressing some of the issues raised. It is the same letter for both applications currently under consideration, 16/00545 and 16/00546, therefore the comments are replicated in full on both applications. - 5.13 The applicant refers to the identified breaches of planning control, which have all now been addressed. It was never his intention to breach planning regulations, and have at all times throughout this process done what has been asked of him. After reading the initial representations and without any instigation he sectioned of part of the field (shown as A1 on plan under 15/00546) from the middle of June to MGP as they wish to come to an amicable solution for everyone and to hopefully help their neighbours. He also refers to a number of the other complaints made. The majority of the letter is covered under headings these are summarised below;

Noise and Community As far as he is aware there have been no official noise complainants and they have dealt with complaints directly from neighbours. They operate no excessive noise after 10pm and before 8am throughout the season. He considered that Motorhomes and caravans produce less noise than tents, as they tend to be older generation and so he organises the site so that tents are further away from neighbours. Some of the other events were charity and he let them have use of the field. Site maintenance takes place between 9 and 5, unless an emergency, taking into consideration both neighbours and people on the site. He has carried out some additional planning in the roadside hedge, which should help in time with noise.

Ballaugh Glen Road This is a public highway, but there are numerous signs on the site asking patrons to respect the neighbours. He considers that most patrons use public transport and walk off the site. Parking on the Glen Road is also done by locals and considers traffic is minimal outside of TT and MGP. The Tough Mann event and car parking is not connected with the campsite.

Privacy It is not possible to look into neighbour's gardens or houses from the campsite. The use of field 224314 and the lane past Ballamoar Bungalow is not under their control and can be used by anyone.

Motorhomes and Caravans There are a growing number of visitors with these vehicles coming to the island and this site provides a well-run place for these visitors.

Glamping Pods not moveable These were installed after advice from planning that moveable structures did not need permission. So they have been designed to be moved and since installed they have been moved from nearer to the roadside to their location.

Archaeological Deposits/Sewage Pipes The route was advised and checked by Manx National Heritage to ensure deposits were not disturbed. Planning Enforcement also made a visit and were satisfied that everything was in order.

For and Against There are a number of positive comments in the application and also on social media, with 5 against. The applicant considers that much of the objection material is not relevant under the Town and Country Planning Act 1990 and as such should not be considered.

6.0 ASSESSMENT Background

6.1 Planning permission was granted in 2012 for a seasonal campsite, operational between 1 May and 30 September with the use of the site for Motorhomes and caravans restricted to TT and MGP practice and race weeks and a week either side, with shower block and office block with 5 electric hook ups. Outside of these times the field will be used for agricultural purposes. Therefore the use of the site as a campsite has been established and this application has been assessed in this context. - 6.2 The site remains not designated for development and as such there is a presumption against development. The site is also within an area of High Landscape Value and Scenic Significance and as such, therefore it is even more important that development does not have an adverse impact on the character of the area. In respect of this application the main issue are considered to be the visual impact on the surrounding area of the two glamping pods and the additional electrical hook ups and effect on the living conditions of nearby residents. Visual Impact - 6.3 Field 221335/the campsite is really only visible along Ballaugh Glen Road, the site is not readily visible in the wider area. The glamping pods are located on the southern side of the field near to the office block. Their positioning near to the other building helps to screen them and they appear as part of that existing cluster. There is no doubt that the glamping pods would be visible albeit in the context of the other buildings on the site, this together with the existing hedging and the previously planted hedge along Ballaugh Glen Road, it is considered that the proposal would not have a materially harmful visual impact when viewed from Ballaugh Glen Road or from the nearest houses in Ballaugh. In the wider vista it is considered that the scale of development and its place in the landscape will not result in the pods being a visual intrusion in the context of the buildings on site and the nearby houses at Ballaugh. Outside of the season the majority of the field would be grass. - 6.4 Environment Policy 1 seeks protect the countryside and Strategic Policy 8 has a general presumption in favour of tourist accommodation where is does not adversely affect the environment. It is considered that the proposals would satisfy those objectives and would not have material harmful impact on the surrounding area. Effect on living conditions of nearby residents - 6.5 As stated by the applicant in his correspondence it is in his best interests to have a well-run site for both the patrons staying on his site, himself and the neighbours. The current noise policy of no excessive noise after 10pm and before 8am appears to be enforced by the applicant, albeit not to the satisfaction of the immediately adjacent neighbouring property however there is no other evidence of noise complaints. - 6.6 Ballamoar Bungalow is the nearest residential property to the campsite. The house is apx 8m (at its narrowest) from the boundary of the campsite separated by a field access. The nearest hook up, B7, is apx 11m away from the corner of their garden. The applicant operates a locational policy locating tents, which he believes to be a noisier crowd than motorhomes, as they are not insulated units, at the eastern end of the campsite away from the neighbours. Noise from people walking along Ballaugh Glen Road would be outside of the purview of the applicant however there are signs up around the site asking patrons to be mindful of the residents. It is considered that on the basis of this application, the addition of the 2 glamping pods and 15 electrical hook ups, that it would not result in undue noise and would not have a material harmful effect on the living conditions of nearby residents. Highways

6.6 Highways have indicated that the existing access is satisfactory.

• Other Matters
• 6.7 Other issues such as noise and extra vehicular movements have been raised, however these are not considered to be issues in the consideration of this application as the electric hook ups will provide additional facilities for existing patrons rather than act as a draw, as they are more likely to be expected on a 4 star site.
• 6.8 It is also relevant that camping facilities are generally on land which is not designated for development and there are no sites which are designated for camp sites or tourism where a camp site could be accommodated. Glen Wyllin for example is within an area designated as Forestry Board Glen, Glen Lough in Marown is on land designated as Open Space and High Landscape Value and Scenic Significance and the only camp site on the Island which is on land designated for camping is at Peel within the town boundary. There have been approvals granted for the creation of camp sites on land which is not designated for development, including areas of High Landscape Value, including PA 11/01595 at Ballakillingan Farm in Lezayre, in a field adjacent to the farm buildings, 11/00549/B for the creation of three pods at Glenlough Farm in Glen Vine and there has also been a camp site approved at Knockaloe Beg under PA 14/00460/B and 16/00443/C and 14/00800/B Truggan Road, Port St. Mary which was approved on appeal.
• 6.9 Some of the representations refer to the use of Field 224314 for Tough Mann and other events. The application has stated that this field is not part of the campsite and is owned and run by Ballamoar Farm and so he has no control over it.
• 6.10 The application is supported by the Department of Economic Development Tourism as they consider that the additions/changes in operation would contribute to the strategic objective of the Destination Management Plan. Conclusion

6.1 In determining whether to permit the proposed pods and additional hook ups there is a requirement to balance the need to protect rural areas for their own sake (EP1) whilst also having regard to the importance that the Manx countryside has as a recreational asset. In some exceptional cases the countryside may be able to accommodate low impact uses which provide the opportunity for members of the public to experience the Island without adversely affecting its character. This is why the application for the camp site was initially approved. This position has not changed. - 6.2 In this case, the pods and hook ups in question fit with the existing building and are a suitable distance from adjacent properties, hook up B7 is apx 11m from the corner of the garden to Ballamoar Bungalow so as to prevent unacceptable impacts upon amenity and the site is served by an existing access. The proposed development is considered to be of a scale and nature which would not have an unacceptable impact upon the environment.

7.0 RECOMMENDATION - 7.1 On the basis of the above the application is recommended for approval subject to conditions.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, 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 , in this case, Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

8.2 In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.

In this instance, it is recommended that the following persons have do not have sufficient interest and should not be awarded the status of an Interested Person in accordance with Government Circular 0046/13:

• o Owner/occupier of Ballamoar Bungalow, Glen Road, Ballaugh
• o Owner/occupier of of Glen House, Glen Road, Ballaugh
• o Owner/occupier of The Glaicke, Glen Road
• o Owner/occupier of Mona House, Glen Road
• o Owner/occupier of Maple Cottage, Glen Road
• o Owner/occupier of Ballamoar House, Ballamoar Lane
• o Owner/occupier of Chestnut Cottage, Main Road

This is either due to their distance from the application site or that they would not be adversely affected by the proposal. Recommendation Recommended Decision: Permitted Date of Recommendation: 24.10.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• C 1. The glamping pods hereby permitted shall not be occupied for a continuous period of more than 14 days in any calendar year and they shall not be re-occupied by the same person/s within 28 days following the end of that period and shall not be occupied as a person's sole or main place of residence. The owner/operator shall maintain an up to date register of the names and addresses on the occupiers of the pods and shall make the register available at all reasonable times to the Department upon request.

Reason: This site is in a position where the Department, having regard to the reasonable standards of residential amenity, access, and planning policies pertaining to the area, would not permit permanent residential accommodation and to ensure that the camping pods continue only to provide simple holiday accommodation akin to a tent broadening the range of affordable tourism accommodation available.

• C 2. The external finishes of the glamping pods and associated structures must be painted or stained dark brown, and thereafter retained as such. None of the glamping pods hereby permitted shall be replaced by any other structure(s) or caravan(s) differing from the approved details.

Reason: In the interests of the character of the area and for the avoidance for doubt, to ensure that the camping pods continue only to provide simple holiday accommodation akin to a tent broadening the range of affordable tourism accommodation available.

• C 3. The electrical hook-ups and fire points shall be removed during the permitted closed period and the site must be used for agricultural purposes or as open space.

Reason: In the interests of amenity, in order to secure the removal of equipment during the closed period as the application has been assessed on a seasonal operation.

• C 4. In the event that the glamping pods are not used as such for a period of 12 consecutive months or longer they must be removed from the site and the land restored to grassed area/agricultural.

Reason: In the interests of amenity, in order to secure the restoration of the land upon removal/extinguishment of a building/use for which permission can be justified only on the basis of a special need.

• C 5. This permission relates to the use of the site as a camp site between 1st May and 30th September in any year and outwith this time the site must be used for agricultural purposes or as Open Space. This permission also grants approval to the erection of a toilet and shower block, office structure, creation of a new access and sewerage and alterations to the existing access, all as shown in drawings received on 30th January, 2012. Reason: To accord with the original planning approval for the site (PA 12/00136/B).

This approval relates to drawings Location Plan, Site Plan, BC-004 AI and BC-003 GP all date stamped received 13 May 2016.

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: 31.10.2016

Signed : A Morgan Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (includedas 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.

Planning Committee Decision 31.10.2016

Application No. : 16/00545/B Applicant : Mr Steven Curphey Proposal : Installation of two glamping pods, decking, fences, gardens and fifteen electrical hook up points (retrospective) Site Address : Campsite Field 221335 Ballaugh Glen Road Ballamoar Farm Ballaugh Isle of Man Presenting Officer : A Morgan

Officer’s Report

Further to consideration of the application the Planning Committee considered that C1 should be amended to match that on 16/00546/B, in the interests of clarity and consistency across the approvals. As the Planning Committee had approved 16/00546/B, relating to an extension to the season the officer recommended that C5 should be updated to reflect that approval.

Conditions of Approval

• C 1. The glamping pods on the site shall not be occupied as a person's sole or main place of residence.

Reason: To ensure that the approved holiday accommodation is not used for permanent residential occupation.

• C 2. The external finishes of the glamping pods and associated structures must be painted or stained dark brown, and thereafter retained as such. None of the glamping pods hereby permitted shall be replaced by any other structure(s) or caravan(s) differing from the approved details.

Reason: In the interests of the character of the area and for the avoidance for doubt, to ensure that the camping pods continue only to provide simple holiday accommodation akin to a tent broadening the range of affordable tourism accommodation available.

• C 3. The electrical hook-ups and fire points shall be removed during the permitted closed period and the site must be used for agricultural purposes or as open space.

Reason: In the interests of amenity, in order to secure the removal of equipment during the closed period as the application has been assessed on a seasonal operation.

• C 4. In the event that the glamping pods are not used as such for a period of 12 consecutive months or longer they must be removed from the site and the land restored to grassed area/agricultural.

• Reason: In the interests of amenity, in order to secure the restoration of the land upon removal/extinguishment of a building/use for which permission can be justified only on the basis of a special need.
• C 5. The glamping pods shall not be used between second Monday in October in any one year and last Friday in April, in the succeeding year, with the exception of Easter Weekend. Outwith this time the site must be used for agricultural purposes or open space.

REASON: The site lies within an area where it is against the policy of the Department to allow permanent accommodation without a special agricultural (or other proven, local) need.

This approval relates to drawings Location Plan, Site Plan, BC-004 AI and BC-003 GP all date stamped received 13 May 2016.