131952

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                                                 16/00546/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 16/00546/B Applicant : Mr Steven Curphey Proposal : Variation of condition one of PA 12/00136/B to allow the use of the camp site for Easter weekend and between the last Friday in April to the second Monday in October, and variation of condition seven of PA 12/00136/B to allow the use of motorhomes and caravans for Easter weekend and from the last Friday in April until the 2nd Monday in October Site Address : Campsite Field 221335 Ballaugh Glen Road Ballamoar Farm Ballaugh Isle of Man

Case Officer : Miss Abigail Morgan Photo Taken :

Site Visit :

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.

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                                                 16/00546/B
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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 16/00545. This application is seeking to vary Conditions 1 and 7 of PA 12/00136/B to allow the use of the campsite for Easter Weekend and between the last Friday in April to the second Monday in October and to allow the use of the site for motorhomes and caravans for the entire season.

3.2 During the course of the application the applicant in response to representations received separating the site into 3 sections setting out how he will operate the site outside of the previously approved TT and MGP periods - areas of non-usage. Area A1 (nearest to Ballamoar Bungalow) with no use, Area A2 solely 2 pitches for disabled patrons, otherwise not in use and Area A3 dedicating the middle part of the site to open space with no patrons on it. Working on the basis that the whole site is 100%, outside of TT and MGP periods apx 20% of the site will be either not used or be used for open space.

3.3 This plan was circulated for an additional period of 14 days.

3.4 As is currently the case outside of the season the part of the field with no structures on it will be used for agricultural purposes.

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:

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                                                 16/00546/B
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"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 16/00545/B is also currently under consideration. 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.

5.0 REPRESENTATIONS

5.1 Ballaugh Commissioners. No objections. 21.06.16.

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                                                 16/00546/B
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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 application meets the strategic objective within the Destination Management Plan (DMP) to extend the season and be attractive to key markets identified in the DMP. They are also supportive of the glamping pods and additional electrical hook ups. 08.07.16.

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 objection. They have no objection to the original approval and feel it should be retained as such. They moved to this house as it was in quiet countryside, now they have to put up with 5 months of activity on the site and along the road. They would like assurances from the applicant that there will be no more noisy fund raisers or other events and would like 2 months notice in writing for any other events being held. 07.06.15.

5.6 Owner/occupier of Fitool Hedge Farm Wilmington, East Sussex. Patron of the site, having stayed on the site they considered it well maintained, clean and of high standard. Even during TT there is very little in the way of disturbance or noise, there are rules on the site which are adhered to. They look forward to returning. 15.06.16.

5.7 Owner/occupier of Ballamoar Bungalow wish to object. We didn't object to the original application, however the campsite has proved to be an intrusion into our lives with an invasion of privacy on many occasions. Complaints made to the applicant have not been dealt with satisfactory. Intrusion of privacy with campers coming and going from the field to go the village, the applicant supposed spoke to campers and last year put a notice on the gate advising them not to use that entrance. Motor homes and caravans have been the norm, not just by campers but all summer by locals using the site on weekends. This has been going on for the duration of the campsite. In fact there were caravans still on site all winter. With locals at the weekend there is a continuation of people, noise and traffic all of which have had an effect on use. We have had excessive noise at times and contacted the applicant, but the point is we can have a continuation of noise for the whole summer and therefore would strongly object. This is intrusive when close to the adjoining hedge. We should all be able to live the quiet and peaceful lives we have always had in this area as we have had for 48 years. We fully expected it to carry on especially after we all objected to application by Ballamoar Farm Limited. They were refused and one of the reasons was due to the archaeological deposits. This area has been disturbed by the new sewer pipes for the campsite. The site is also used for corporate events which can be noisy. The other problem is extra traffic in the Glen as the road isn't very side and can have vehicles parked on it becoming a hazard as it is now a very busy road. 14.06.16.

5.8 They have also commented on the additional plan stating that they still object to use outside of TT and MGP saying when locals arrive in their motorhomes on Friday to return to their vehicles is when it is becomes more noisy. Should the Planning Committee consider the proposals they have the following comments on the plan; Area 1 - the applicant putting forward this area of non-usage shows the applicant knows there is disruption and disturbance. They propose an alternative area up to B8. Area 2 - they don't have a problem with this proposal. Area 3 - seems to be late though but would be ideal place for corporate events to be held although it is not the place to do so.

5.9 Owner/occupier of The Glaicke, Glen Road, Alarmed to see that there are objectors, they live 200m from the site and it causes no nuisance to them. They enjoy the life the campsite brings to

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the area. This site is high quality and bring business to the local pub and shops. Local charities get good value from the site and the events have raised funds. Amazing (to him) people from Douglas also camp there at weekends. The site is quiet and used by families with small children and it is only when it is a special event the site operates after 10.30pm. 17.06.16

5.10 Owners/occupiers of Maple Cottage, not objecting to the original application were not aware of the conditions restricting motorhomes and caravans and feel betrayed that the applicants did not mention it. As it is has been operating throughout this summer it creates a large amount of traffic and every nice weekend sees a substantial gathering of local people. This is detrimental to the amenity of our home and its value and saleability. Apart from the noise of the visitors, there is incessant noise from ride on mowers maintaining the site, destroying the peace quiet, it is now comparable to living next to a park. They are completely opposed to any variations and wish to see them rigorously enforced. The only financial benefits are to the pub and the shop and nothing to the Isle of Man as a whole, cycling and walking groups come with tents so the restrictions do not affect them, there are two other sites (Glen Wyllin and Silly Moos) which are far less imposition on residential area, they include other points which are not of a planning nature.16.06.16.

5.11 They also made some representations in relation to other representations received, particularly Mr P Curphey who has written in in support, stating he is much further away so therefore less likely to be affected.23.06.16. They recount an incident where a dog from the campsite got into their garden and killed their chickens. They feel that the original conditions were quite fair and wish to see them fully retained. 17.07.16.

5.12 They have also made the following comments in response to the non-usage plan. They consider it will make no significant difference to the noise nuisance and have no impact on their other concerns of traffic. They also point out that some locally registered campers are left on the site for extended periods and just visiting at weekends, creating a caravan park. They have heard but cannot confirm that they are offering season lets but cannot confirm. They reiterate it should be run as per conditions. 06.09.16

5.13 Owner/occupier of 6A Ballure Road, Ramsey considers the site well run and consults with him regarding improvements for safety. He is as far as I am aware the only site which insists on gas tests for seasonal pitches. The use of motorhomes and caravans is increasing on the Island and these sites must be run for a full a season as possible. It will encourage tourism and cut down on the amount of wild camping. 21.06.16.

5.14 Friends of Ballaugh School event organiser. The applicant was insistent that the facilities were being afforded to them on the strict provision that disruption and inconvenience to neighbours be kept to a minimum. They enclose a letter from applicant setting out the conditions which were rigorously enforced throughout the evening. They circulated 50 notices to residents informing them of the event and giving contact numbers for any concerns. No complaints or concerns were raised on the evening. 23.06.16

5.15 Owner/occupiers of Mona House object to the proposals, they consider that the current season length is adequate. There is an adverse impact of the campsite diversifications to neighbours and to the appearance and character of the area. They also refer to caravans being left there throughout the season and also during the winter. The Easter weekend is a moveable feast and in some occurrences there will only be a matter of days between Easter Weekend and they do not believe that the applicant would close for those days, likewise closing on the second Monday in October gives them an additional 2 weeks. They seek a reasonable relationship of proportionality between them and the campsite. There is an adverse effect by noise, light, odour and air pollution. The events run on the site run on the site were presented as a done deal. The Hungry Hut mobile catering unit supplies food during TT from 7am to 11pm. The campsite is now felt to be increasingly incompatible with residential properties. They consider the use for motorhomes and caravans throughout the season is inappropriate development in an area of high landscape value. It is supposed to be a campsite not a caravan park. During TT this year field 221386 was used to park

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                                                 16/00546/B
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4 caravans and part of the hedge was removed. There are unacceptable levels of traffic generation, a campsite denotes tents, visitors on foot or bike these large motorhomes add to increased congestion and associated dangers. The increased parking at the junction with Main Road adds to vehicle safety issues especially as there is poor visibility in this area due to the curve of the road and mature trees on the road side. They dispute the submitted information stating that the site is noisy and there is no communication from applicant about events. They ask the conditions remain as approved and the campsite accept a contractual duty of care to local residents, motorhomes and caravans do have an adverse impact on adjacent properties and ask for consideration on surrounding dwellings. They feel that the number of pitches should be controlled by condition which may in some part control what has often lead to adverse impacts. 27.06.16.

5.16 They have also made the following comments in response to the non-usage plan. They wish their original comments to stand. They are not confident that the suggested non-usage will be adhered to. They counter the points raised by the owners/occupiers of Chestnut House representation. 27.06.16.

5.17 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.

5.16 Owners/occupiers of Carmodil Bungalow, support the application and state that they have found the campers to be polite and friendly and that the additional trade for the village shop, public house and good for the village providing site for charity events. 08.06.16.

5.18 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.

5.19 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.

5.20 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.

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                                                 16/00546/B
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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 (5 month season) 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 This application seeks two amendments to the original permission; o Extend the open season to include Easter and by up to 2 weeks either side of the current season, to be flexible based on the last Friday of April and second Monday of October - from 5 months to apx 6 months in total based upon days; and o To have motor homes and caravans throughout the extended season (not just a month each around TT and MGP), within a restricted area on the site.

6.3 While this application is for both of the above the report deals them both separately and then in conjunction with each other.

6.4 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 issues are considered to be the visual impact on the surrounding area of motorhomes and caravans on the site throughout the open season and effect on the living conditions of nearby residents.

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                                                 16/00546/B
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Extension of the Season

6.5 The proposed extended season in itself is considered to be relatively minor in terms of the amenity of the surrounding area and would not result in the site having a significantly greater impact on neighbouring properties than the existing permission allows.

Use for Motor Homes and Caravans All Season

6.6 Currently the permission restricts the use of the site to 2 months out of the 5 for motor homes and caravans during TT and MGP times. These are the busy times for the site. During TT and MGP periods the site operates 6 different pitch sizes from 5m x 5m up to 12m x 20m dependent on the booking requirements. This enables the applicant to cater for all types of patrons. During TT 2016 using this pitch size the site had 150 pitches. Outside of these periods the applicant operates a standard pitch size of 8m x 8m and accommodates up to 35 pitches, at one unit per pitch. Having discussed this with the applicant he is prepared to accept a condition restricting the number of pitches to 35, outside of the previously approved TT and MGP periods.

6.7 Some of the representations make reference to the use of the site for seasonal pitches. This last season there were 10 seasonal pitches made available, some benefits of seasonal pitches benefits include; reduced larger vehicles accessing the as the caravan or trailer tent or motorhome is not moved to the site each time and it is the same people coming the site who can then get a more of a sense of responsibility to the area. The nature of camping and caravanning sites is that generally they are for touring and are more transient in nature and it is considered that the move to the provision of seasonal pitches, where units would be left at the site, would require planning permission. This application does not refer to seasonal pitches and so have not been considered.

6.8 The use of the site for motorhomes and caravans for the entire season is now requested. The primary reason for limiting their use under the 2012 application was on visual grounds.

Visual Impact

6.9 The proliferation of caravans and motorhomes can have a detrimental impact on the appearance of the landscape. However the principle of their positioning on this site is already established during the most busy period of the year, TT and MGP times, during which the site accommodates up to 150 pitches potentially a significant proportion of those could be motor homes and caravans. Outside of those times the proposal would be limited to 35 pitches/units and so the application has been assessed on the basis of all of those being taken up with caravans and motor homes, which is unlikely to be the case in reality.

6.10 This element will be judged on how visible the structures would be and where they would be seen and by whom. The main views of the site come from Ballaugh Glen Road and the houses along it and from the rear of the houses along Main Road. It is helpful that the site has mature hedgerow planting of between 2-3m, the average height of a motorhome is apx 2.8m - 3m which gives some immediate visual relief. A condition could be imposed ensuring that the hedgerow is retained.

6.11 The visual impact of the proposal is difficult to assess as it and in all likelihood would be the three different types of units, so as set out above it has been assessed if all units were motorhomes. If it would all be used for motorhomes then the visual impact will be substantially different to if it will all tents and this could result if the application is approved as submitted.

6.12 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. Given the limited views of the site and the existing hedgerow it is considered that the visual impact of what could be entirely motorhome based camping on this site, would not result in

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                                                 16/00546/B
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an unacceptable visual intrusion into the countryside. It is considered that the proposals would satisfy the objectives of EP1 and SP8 and would not have materially harmful impact on the surrounding area.

Effect on living conditions of nearby residents

6.13 The main consideration here is whether the proposal would result in the site having a significantly greater impact on neighbouring properties than the existing permissions allow. The site does cause a level of noise and disturbance to neighbouring properties as is evidenced by the representations made, albeit many seem to be more about events being held on the site than from the patrons. This has to be weighed against the applicant's aspiration to provide a greater offer to holiday accommodation throughout the season. The main question here is would unrestricted unit types on the site on balance impact on the neighbouring properties too far and result in unacceptable noise levels. However, it is not the role of planning to duplicate controls which are the statutory responsibility of other agencies/directorates.

6.14 In response to the representations received the applicant submitted a further plan setting out areas for non-usage outside of TT and MGP period as a gesture to the neighbouring properties. 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.

6.15 Currently outside of TT and MGP times the site could have unlimited numbers of campers. The applicant considers that the campers are generally a younger crowd and as tents are not insulated can result in more background noise as voices etc would not be muted by tent materials. While motorhomes and caravans by their nature are more muffled as they are constructed of a more substantial material and as they have lounges people are more likely to sit in them than outside/around them as one would have to when in a tent. This seems a perfectly plausible interpretation, although it is accepted that it would not always be the case. The applicant is also willing to accept a condition restricting the number of units to 35, outside of TT and MGP, which would be reduction on the currently unlimited numbers that could be on the site.

6.16 While it is accepted that the site does generate noise, given the above and the condition the applicant is willing to accept restricting maximum numbers and areas of non-usage, it is considered that this proposal would not result in unacceptable noise levels that would warrant a refusal.

Both Proposals

6.17 Each proposal has been considered acceptable separately, when considered together the main issue is whether the proposed increase in season (of up to 4 weeks depending on which year it is) coupled with the use for motorhomes and caravans is acceptable.

6.18 The main issues are the same they will just occur over a longer period. In visual terms this extra time is not considered to have a materially harmful impact on the surrounding area.

6.19 With regards to the impact on neighbouring properties, do the extra weeks tip the balance of the impact on the site on neighbouring properties too far and result in unacceptable noise levels that would warrant a refusal. While it would be for up to an additional 4 weeks, giving the site an apx 6 month season, this application gives the opportunity to provide some mitigation on the site (maximum numbers and non-usage areas) so on balance any harm is not considered sufficient to warrant a refusal.

Highways

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6.20 Highways have indicated that the existing access is satisfactory and have no concerns regarding the approach road to the site.

Other Matters

6.21 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. Also the Temporary Use or Development Permitted Development Order 2015 under Class B allows certain events to take place subject to certain restrictions, i.e. for up to 12 days in any one calendar year.

6.22 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

6.23 In determining whether to permit the extension in season and the use of the site for motor homes and caravans 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.

6.24 There are clearly local views which support both the protection of the site from development and on the other side, support the proposal and recognise the benefit it will have both locally and to tourism as a whole. The decision is a finely balanced one. The site is well placed for the patrons to be able to access local services - the village shop, pub, bus service and taxis, which will also benefit. It is considered that these proposals will not adversely affect the character of the area or the neighbouring properties to such a degree to warrant a refusal.

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 Department of Economic Development (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

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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, the following persons are considered to be potentially adversely affected by the proposal, although not so much so as to warrant refusal of the application and should be afforded interested person status in accordance with Government Circular 0046/13:

the owner/occupier of Maple Cottage the owner/occupier of Ballamoar Bungalow

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:

Owner/occupier of of Glen House, Glen Road, Ballaugh Owner/occupier of The Glaicke, Glen Road Owner/occupier of Mona House, Glen Road Owner/occupier of Ballamoar House, Ballamoar Lane Owner/occupier of Chestnut Cottage, Main Road Owner/occupier of Carmodil Bungloaw Friends of Ballaugh School organiser 6A, Ballure Road, Ramsey and Wilmington, East Sussex

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. No caravans or motorhomes or tents shall remain on the site 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.

C 2. The caravans/motorhomes stationed 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 3. Outside of TT and Manx Grand Prix and for one week either side of the associated practice and race periods the site will be restricted to a maximum of 35 pitches/units at any one time.

Reason: In the interests of amenity and to minimise disturbance to neighbouring properties.

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C 4. The hedgerows on the boundaries of the site shall be retained.

Reason: In the interests of amenity and to ensure a satisfactory landscaped setting for the site and the protection of existing important landscape features.

This approval relates to drawings Location Plan, Site Plan, BC-004 AI and Planning Application Notes all date stamped received 13 May 2016 and Additional Information and drawing BC-001 NUA both date stamped received 18 August 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 (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

PLANNING COMMITTEE DECISION 31.10.2016

Application No. : 16/00546/B Applicant : Mr Steven Curphey Proposal : Variation of condition one of PA 12/00136/B to allow the use of the camp site for Easter weekend and between the last Friday in April to the second Monday in October, and variation of condition seven of PA 12/00136/B to allow the use of motorhomes and caravans for Easter weekend and from the last Friday in April until the 2nd Monday in October Site Address : Campsite Field 221335 Ballaugh Glen Road Ballamoar Farm Ballaugh Isle of Man

Presenting Officer : A Morgan

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Officer’s Report

Further to consideration of the application the Planning Committee considered that an additional condition referring to area A1 on the non-usage plan should be included in the interests of clarity and certainty, to ensure non-use of that area outside of TT and MGP periods. Members also considered that C3 should be amended to restrict the number of caravans/motorhomes to a max of 35.

Conditions of Approval

C 1. No caravans or motorhomes or tents shall remain on the site 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.

C 2. The caravans/motorhomes stationed 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 3. Outside of TT and Manx Grand Prix and for one week either side of the associated practice and race periods the site will be restricted to a maximum of 35 motorhomes and/or caravans at any one time.

Reason: In the interests of amenity and to minimise disturbance to neighbouring properties.

C 4. The hedgerows on the boundaries of the site shall be retained.

Reason: In the interests of amenity and to ensure a satisfactory landscaped setting for the site and the protection of existing important landscape features.

C 5. Outside of TT and Manx Grand Prix and for one week either side of associated practice and race periods Area A1 on plan BC-001 NUA date stamped 18 August 2016 shall be kept clear and no caravans, motorhomes or tents shall remain in this area.

Reason: For the avoidance of doubt and to safeguard the amenity of the occupiers of nearby premises.

This approval relates to drawings Location Plan, Site Plan, BC-004 AI and Planning Application Notes all date stamped received 13 May 2016 and Additional Information and drawing BC-001 NUA both date stamped received 18 August 2016.