18 October 2016 · Planning Committee
Car Park, Tynwald Mills Road, St Johns, Isle Of Man, IM4 3ab
The proposal sought permission to retain a large white PVC marquee in a field used as an overflow car park north of Tynwald Mills retail complex, alongside the River Neb in a rural valley setting.
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The officer assessed the marquee as unwarranted development in open countryside not designated for development, failing Spatial Policy 5 and General Policy 3 exceptions as it did not qualify, and brea…
Strategic Policy 2 - Priority for new development to identified towns and villages
Directs new development to defined settlements. Officer found site in open countryside with no policy exceptions met under General Policy 3, making marquee unwarranted.
General Policy 3
Permits countryside development only in specified exceptions. Proposal for events/leisure did not qualify, failing countryside protection test.
Environment Policy 1
Protects countryside unless overriding national need with no alternative. No such need outweighed rural protection requirements.
Spatial Policy 5
Requires positive environmental contribution via design. Marquee's size/appearance harmed rural visual amenities.
Strategic Policy 10
Promotes integrated transport minimising car use/safety risks. Site's poor access/footpaths encouraged unsustainable car trips.
Environment Policy 22
Prohibits unacceptable noise/light pollution. Evening events unmitigable in rural quiet area, harming neighbours.
Policy C/P/3 St John's Local Plan
No further buildings at Tynwald Mills beyond minor tourist/craft alterations. Marquee exceeded limits, exacerbating traffic/character issues.
Do not object (26.11.15). Following receipt of Traffic Impact Assessment, do not oppose (1.4.16)
German Parish Commissioners strongly object to the retrospective marquee application citing land use violations, inappropriate structure, traffic, noise, and visual impacts; DEFA Fisheries and DOI Highways have no objections.
Key concern: land not zoned for such a development and breach of 1990 undertaking for sheep grazing
German Parish Commissioners
ObjectionMy Commissioners continue to object to this application on the grounds as stated previously; The Commissioners will continue to strongly oppose this development becoming permanent; this is not a marquee in the sense of the word, it is a permanent building; hardly charity events!
DEFA, Fisheries
No ObjectionDEFA, fisheries have no concerns in relation to this development from a fisheries perspective. This is due to the nature of the structure concerned.
DOI Highways
No ObjectionDo not oppose; DNO on 26.11.15
The original application for retrospective erection of a 600m² marquee for promotional events, charity functions, exhibitions, children's activities, and leisure including ice rink was refused by the Planning Committee for reasons including unwarranted countryside development, visual impact, poor access, road safety, and noise. The appellant argued the site is part of an established retail centre, provided technical assessments showing minimal impacts, highlighted economic benefits, community support, and previous temporary marquee approvals. The Council defended refusal citing countryside policies, outdated Local Plan restrictions, traffic concerns, and noise. The inspector found the marquee conflicted with Strategic Plan policies on countryside development, harmed countryside character, had inadequate access, though noise was mitigable; benefits did not outweigh policy harms, recommending dismissal.
Precedent Value
Reinforces strict countryside policy enforcement absent exceptions/overriding need; temporary approvals not precedent for permanent/larger; benefits alone insufficient without policy compliance. Applicants should prioritise town centre sites for leisure, provide robust sequential test evidence, and avoid incremental unauthorised development.
Inspector: Michael Hurley BA DipTP
