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15/01320/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 15/01320/B Applicant : Sport Erin Proposal : Layout of sports pitches for rugby, cricket and other community uses, including access, car parking, prefabricated changing rooms and storage units Site Address : Field 414532 Land off Ballafesson Road Rushen Isle of Man
Case Officer : Miss S E Corlett Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Officer’s Report
THE APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE REPRESENTATIONS WHICH HAVE BEEN RECEIVED
THE SITE 1.1 The site is an area of land situated to the south east of Ballafesson Road and to the south west of Barracks Road. The field has an area of around 4 hectares and is currently grassed agricultural land. The boundary with Barracks Road is formed by a stone wall with vegetation above, in places which effectively screen the public view into the field from the road. From Ballafesson Road there is a clear view into the field with the Ponyfields housing a prominent element in the view. From the approach on Barracks Road from the south east the site has a backdrop of the hills to the north west and the slight rise of the land is perceivable.
PLANNING STATUS 2.1 The land is designated on the Area Plan for the South adopted in 2013 as Open Space for Particular Purposes. It is also part of an area for which there is a development brief. Area 23 provides for additional residential development with accompanying recreation, amenity space and provision for an extension to Rushen Parish Churchyard. The residential part of the site has been approved and is developing (PA 13/00777/B and further applications seeking amendment to the original layout). Planning approval has been granted for the creation of a car park for the church (PA14/01075/B). The residential development also showed new tree planting to the north east of the Ponyfields housing which was required through PA 13/00777/B to be provided in the first phase of the development.
2.2 The development brief requires there to be provided as part of the residential development of this land, "a sports pitch/training pitch and associated facilities" (paragraph 4.63.4). It also requires that "sufficient land must be set aside on either field 414532 or 414214 to accommodate a sports pitch, and a training pitch (approximately 4 ha in total)". It goes on, "any building(s) normally associated with such uses, such as changing facilities or groundsmens' stores may be acceptable together with public car parking. Any such buildings should be modest in size having regard to their function, and should be so sited as not to threaten the overall function of the land as a Green Gap" (paragraph 5 of the development brief). It also requires that these facilities are provided and retained in the long term.
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2.3 The brief also requires that the recreation facilities should be able to be accessed via the main access from Church Road into the residential estate. Such an access has been retained within the residential development on the basis of an emergency access thereto.
2.4 Landscape Proposal 2 requires that the residential development should include landscaping which softens the existing hard edges of the settlements and includes substantial tree-planting, such as not only to mitigate the landscape impact of the development, but also to maintain effective separation between the settlements.
THE PROPOSAL 3.1 Proposed is the layout of the site for recreation purposes, including the setting out of two rugby pitches and a cricket pitch, accessed via a new access of Barracks Road. Temporary changing facilities are proposed and the position of the permanent changing room/clubhouse shown along with 80 permanent car parking spaces and 64 overspill spaces and the site of a future maintenance shed. Within the site a perimeter footpath is shown along with an area of public recreation land in the western corner alongside Ballafesson Road.
3.2 The site is to be levelled although this is to involve a minimal amount of change to the existing levels which range from 24.5m to 26 AOD across an area of 80 - 125m.
3.3 The temporary changing facilities will be provided in the form of cabins which are 12m by 3m and an officials' changing facility which is smaller - approximately 6m by 3m. All are flat roofed temporary cabin type structures with external panels painted in an unspecified colour. These are to be sited in the south eastern side of the site, alongside the existing burial ground.
3.4 Visibility onto Barracks Road will be around 60m in each direction as shown although this is to be formed by the rebuilding and setting back of the boundary wall so in theory could be increased if required.
3.5 Landscaping is shown but there are no specifications regarding types, sizes or spacing of the trees. The position of the trees along the boundary with the Ponyfields is not consistent with the approved landscaping scheme submitted in respect of condition 4 of PA 13/00777/B.
3.6 The applicant proposes the rugby pitches to be used by Southern Nomads and the cricket pitch by a local unspecified cricket club. They clarify that the clubhouse proper will be similar to that at Colby Football Club and will be proposed in detail when funds allow.
3.7 Sport Erin is a locally organised charitable group, borne from Southern Nomads RFC whose constituted objectives are to raise funds for a permanent pitch for Southern Nomads and more generally for sporting facilities for the south of the Island and also to encourage participation in rugby and sporting events generally on the Island, particularly the south. The land is owned by Rushen Commissioners but the majority will be leased to Southern Nomads RFC who will make their facilities available more widely to the community.
3.8 The proposal is designed to meet with Sport England and Rugby Football Union requirements which require two full Senior sized pitches which must be laid out with a particular orientation to the sun. This has guided the layout along with the proposed access which has in turn guided the position and layout of the changing rooms and car parking. The club also has a "thriving" junior section and provides opportunity for coaching and competition at all ages. The creation of the pitches will involve minimal change to site levels.
3.9 The point of access has been chosen to provide minimal disruption to local residents as well as avoiding the introduction of a new access onto an A road (Ballafesson). The applicant has considered other existing rugby facilities and considers that 80 spaces as proposed with an additional ten available once the temporary changing rooms are removed. There are, in addition, 64 further places in an overflow capacity and the spaces could be available to users of the adjacent
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churchyard when they are not being used by the rugby club. There is also provision within the site for coach parking.
3.10 No details of perimeter fencing have been provided.
PLANNING HISTORY 4.1 There have been no previous applications on this site other than the decisions in respect of the new housing development to the south which included landscaping along the Ponyfields boundary, which has been approved but not yet implemented, despite the phasing requiring that this landscaping is introduced in the first phase of development. The developer has indicated that the planting will be undertaken soon, in this current planting season.
REPRESENTATIONS 5.1 The owner of 44, Magherchirrym, which lies adjacent to the south western boundary of the site, objects to the change in their view across the fields to one obscured by trees and shrubs. They are also concerned that the introduction of a path at the rear of their property may attract opportunities for burglary if there is unrestricted access. Finally, they query whether the new boundary stone wall, which is in a poor state of repair in places, will continue to be managed and maintained by the land owner (16.12.15).
5.2 The applicant has suggested (18.12.15) that the footpath was requested as an exercise path by Rushen Parish Commissioners and was intended to be permissive rather than public although does not clarify how this would be controlled. They also indicate that the tree planting is a requirement of the earlier residential approval and that the applicant intends to repair all of the surrounding stone walls and remove any of the existing barbed wire. The Commissioners have clarified (18.12.15) that they would like the footpath to be public and would prefer the retention of the approved tree planting along the south western boundary.
5.3 It is appropriate to point out that the tree planting shown in the originally submitted drawings does not accord with that approved under PA 13/00777/B which was designed and required to have groups of trees with gaps between so as not to completely obscure the outlook from the Magherchirrym and Magherdonnag properties.
5.4 Rushen Parish Commissioners indicate that they are surprised that the application has been made in the name of Sport Erin and not the Southern Nomads RUFC. The Commissioners had previously made comments on the proposal which do not appear to have been taken into account by the architect. The Commissioners object to the proposed stores as they are very close to the Ponyfields properties and would prefer that they are on the other side of the field and both painted the same appropriate colour. They query the provision of coach parking as there appears to be no provision for turning of such vehicles within the site and Barracks Road is not suitable for them. If coach parking were not provided then space could be provided for a BMX track. The Commissioners would like to see planting along the boundary with the Ponyfields as agreed previously with the housing developer but would also like to see trees along the Ballafesson Road boundary to provide additional screening. They are also of the view that there should be pedestrian access from Ballafesson Road. The Commissioners are strongly in support of the sports facilities here and are disappointed that more progress has not been made to date (29.12.15).
5.5 The owner of The Old Vicarage considers that the sports facilities are not an economically valid proposal but accept that this is a political issue not one for the planning process. He considers that Barracks Road is not suitable for such additional traffic and if proposed, he suggests that there should be a section of one way traffic so that vehicles exiting the site have to travel towards Ballafesson Road, avoiding conflict with funeral and church traffic. Also, if this goes ahead, there may be no need for a car park opposite the church (30.12.15).
5.6 Rushen Parochial Church Council does not oppose the application but has concerns over the position of the proposed clubhouse due to the potential impact on those visiting the graveyard and
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for whom quietness and tranquillity may be desirable. They suggest repositioning the pavilion alongside Ballafesson Road where noise would not disrupt local people or visitors to the graveyard and where access could be from Ballafesson Road rather than Barracks Road which is narrow and can suffer congestion (21.01.16).
5.7 Port Erin Commissioners whose area abuts the application site, indicate that they support the application (13.01.16).
5.8 Highway Authority raise no objection to the application subject to the following conditions:
If the application is to be approved the following conditions should be attached:
Prior to any construction the access shown on drawing no 1501-001C rev C dated July 2015 shall be constructed and the visibility splays shall remain unobstructed at a height of 1.05m thereafter. Reason: In the interest of highway safety
Prior to any construction the highway improvements shall be installed in accordance with a drawing to be approved by the Planning Authority and the visibility splays shall remain unobstructed at a height of 1.05m thereafter. Reason: In the interest of highway safety
Prior to the occupation and use of the site the car parking and manoeuvring areas shall be provided in accordance with the approved drawing and remain free from obstruction thereafter. Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety 26.01.16).
ASSESSMENT 6.1 The principle of sports facilities on this site is acceptable, indeed it was a requirement of the release of the residential land to the south east. Due to this, the principle of car parking, access and a clubhouse are also acceptable in principle, it being unreasonable to assume that sports pitches could be provided without such amenities. The issue therefore is whether the siting and design of the buildings, access and parking are acceptable.
6.2 One of the initial key decisions was the location of the access. This would affect not only the position and appearance of the access but also the position and impact of the building and car parking, the latter having to be close to whatever road the proposed access would be from. There are two options for this - access off Barracks Road and access from Ballafesson Road. In pre- application discussions, it was determined that either could work in road safety terms but the visual impact would be considerably greater if the access were from Ballafesson Road as both the access and the building would be closer to the road and more visible to a greater number of people. As such, the access was proposed from Barracks Road which enabled the building to be positioned as far as is practicable from the residential properties to the south west. This necessitates the building being relatively close to the burial grounds.
Relationship with other adjacent uses 6.3 Burial grounds on the Island are often close to other forms of development and use: St. George's in Douglas is right in the middle of offices, St. Peter's in Onchan has residential development all around it and sometimes the everyday goings on in these surrounding areas can be a little intrusive or uncomfortable if others in the churchyards are laying loved ones to rest or are seeking some tranquil time at a graveside. In this respect, the frequency and timing of use of the playing fields and clubhouse are relevant with most activity happening on a Saturday or weekday evenings when services are certainly unlikely to be happening and visits to the churchyard certainly possible but when the surrounding roads and residential properties are also likely to be full of life and activity.
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6.4 Whilst concern has been expressed about the relationship between the proposed sports facilities and the burial ground but for the above reasons, it is not considered inappropriate and the application should not be refused for that reason.
Access 6.5 Concern has been expressed about the capacity of Barracks Road to accommodate the additional traffic which will result from the proposed development. Department of Infrastructure Highway Services has indicated that they consider the arrangements to be acceptable. Barracks Road is narrow with very limited visibility at the church end but is not heavily trafficked. The proposed development will generate more traffic but only at certain times of the week and day. It is not considered that the application should be refused for reasons relating to highway safety or convenience.
Impact on residential property 6.6 The introduction of tree planting along the boundary with the Ponyfields development is now shown to be in accordance with the scheme approved under the residential development (PA 13/00777/B). As such, this is considered not to interfere unreasonably with the outlook and living conditions of those in Magherdonnagh, Maghergarran and Magherchirrym. The new building and where people are likely to gather on foot and in their vehicles is some distance from these dwellings
Visual impact 6.7 The development will have a visual impact through the introduction of a new access onto Barracks Road, the formal maintenance and laying out of the pitches and the new buildings and areas of hard standing for car parking along with the parked vehicles. However, the site is approved for these purposes in principle and at present, the Ponyfields housing forms a quite harsh boundary with the countryside. What is proposed will soften this edge and create an improved visual impact for this part of the area.
Conclusion 6.8 The sports pitches are much needed and will, together with the public paths and recreation area, provide enhanced recreational facilities for the south of the Island, within convenient walking distance of much of the populations of Rushen and Port Erin and also close to Arbory and Port St. Mary. The details are considered to be acceptable and the application is recommended for approval.
PARTY STATUS 7.1 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.
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 sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:
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Port Erin Commissioners The owner of The Old Vicarage The owner of 44, Magherchirrym Rushen Parochial Church Council
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.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 11.02.2016
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 temporary changing facilities may be retained for such purposes for a period not exceeding three years after which they must be removed and replaced with an authorised permanent building.
REASON: In the interests of the visual amenities of the area.
C 3. Prior to any construction the access shown on drawing no 1501-001C rev C dated 13/01/16 shall be constructed and the visibility splays shall remain unobstructed at a height of 1.05m thereafter.
Reason: In the interest of highway safety
C 4. Prior to any construction the highway improvements shall be installed in accordance with a drawing to be approved by the Planning Authority and the visibility splays shall remain unobstructed at a height of 1.05m thereafter.
Reason: In the interest of highway safety.
C 5. Prior to the occupation and use of the site the car parking and manoeuvring areas shall be provided in accordance with the approved drawing and remain free from obstruction thereafter.
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Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.
This approval relates to drawings 1501-000, 1501-003 and 1501-004 received on 3rd December, 2015 and 1501-001C received on 19th January, 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 : Approved
Committee Meeting Date: 29.02.2016
Signed : S E Corlett 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
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