Dept Decision Report

Crown Division Government Offices Douglas Isle of Man 20 July 2016 To the Council of Ministers Case Reference DF16/0005 Planning Application 16/00277/B Application by Mr Karl Underwood for planning approval for alterations and extension to existing building to provide cooking facilities and coffee shop for the participants of the Venture Centre and use of plantation for leisure purposes at Watertrough Park, Shoulder Road, Foxdale, Isle of Man, IM9 3EL.

1. On 11 July 2016, I carried out a site visit at the above location. The case is being made by written representations.
2. The application has to be considered by the Council of Ministers, not the Planning Authority, because the application site is owned by the Department of Environment Food and Agriculture (DEFA), of which the Planning Authority is part. Therefore Sections 10(1) and (7) of the Town and Country Planning (Development Procedure) (No 2) Order 2013 set down that the application must be considered by an Independent Inspector and not by the Planning Committee or an officer of the Department.

Procedural Matters

1. Alongside the plans submitted with the formal application, the Applicant made a written request for further amendments to replace a proposed water treatment plant with a cess pit, to enlarge the proposed extension "from $4 \mathrm{~m}-5 \mathrm{~m}$ wide and $5.5 \mathrm{~m}-7.5 \mathrm{~m}$ in length" and to include an option to change the extension from blockwork to timber frame construction. The alternative cess pit and the modification to enlarge to the extension were annotated on the plans considered by the Planning Authority but the enlarged extension was not accurately depicted.
2. The matters of changing foul water treatment to cess pit storage and the mode of construction from blockwork to timber frame are for Building Control and do not affect the consideration of the planning issues involved.
3. As for the proposal to enlarge the extension, the Planning Authority has confirmed that the revisions as annotated on the plans were circulated for public consultation. This report and the decision by the Minister can therefore safely be based on this two-sheet amended plan, Ref LN/2/16.

Description of the Site and the Proposal

1. The application site comprises part of the South Barrule Plantation lying to the north east of the A36 shoulder road close to its junction with the A3 south of Foxdale.
2. The description of the proposed development set out above is taken from the advisory Planning Statement submitted on behalf of the Planning Authority, rather than the original application form, because this most aptly and completely describes the proposed works and existing recreational activities for which approval is sought.
3. A larger part of the Plantation to the south west is in use for recreation, including under the title of Ape Man, served by a formal public car park. The application site itself is already in recreational use as Laser Mayhem for simulated war games involving laser guns. The use includes tents, storage containers and informal car parking, as well the building proposed for alteration and extension. Currently, there are no permanent toilets in the area.
4. The proposed building works would convert the building into a refreshment facility, titled by the Applicant 'The Coffee Cottage', and would add the 7 metre long extension, as amended, to provide toilet facilities. The front wall of the extension would be stepped back a little from the main front elevation with the roof line set commensurately below the main ridge. The proposal includes the installation of a new front window and five 550 by 780 mm roof lights in the west-facing roadside pitch of the roof. The side and rear of the building and the whole of the extension would be smooth rendered, and the existing stone front of the original cottage repointed, using white lime mortar.
5. It is also proposed to install a waste water treatment system or a cess pit. The existing road access would be widened as part of the development and the application also seeks retrospective approval for the recreational use of the site, as delineated on the application plans, including the retention of the tents, boardwalk river crossings, storage containers and a car parking space.

Representations Received

1. The only representations received were from the Malew Parish Commissioners and the Department of Infrastructure and Highway Services (DIHS). Neither raise any objections to the approval of the application.

Advice from the DEFA Planning and Building Control Directorate

Background

1. The Planning Authority advises that the scale of recreational use within the South Burrule Plantation on both sides of the shoulder road does not

wholly comply with its planning status as woodland and that the Department is promoting development orders to permit certain works in support of recreation in some of the Island's plantations.

1. The Planning Authority also advises that DEFA is in discussion regarding a permanent building for toilet provision for the whole Plantation, probably within the public car park south west of the shoulder road, outside the application site.

Policy, Landscape and Key Views

1. The site is not designated for any specific use in the adopted Area Plan for the South. It lies within the Southern Uplands, as defined in the draft Landscape Character Appraisal, where the stated strategy is to conserve and enhance the character, quality and distinctiveness of the remote and open moorland and panoramic views.

1. General Policy 3 of the adopted Strategic Plan 2016 (SP) presumes against development in such locations, outside areas zoned for development, except for certain essential rural uses. Under the heading of Sport, Recreation, Open Space and Community Facilities, SP paragraph 10.1.1 notes that the quality of Island life is improved by attractive open space and facilities for recreation. However, the SP contains no provision expressly in support of the recreational use, subject of this application.

1. At the same time, SP Environment Policy 16 supports the reuse of rural buildings, such as that proposed here for alteration and extension. That is provided, among other criteria, that the re-use will preserve a visual attraction, will not require extension or adverse change in appearance, there will be no adverse implications in terms of traffic generation and the benefits in terms of environmental impact and the rural economy outweigh the continued impact of retaining of the existing building.

Assessment

1. In light of these provisions, the Planning Authority considers the main issues to be: whether the site is suitable in principle for recreational purposes; whether the proposed alteration and extension are visually and environmentally acceptable; and whether the proposed development is acceptable in road safety terms.

1. The SP as well as DEFA and the Department of Education accept that recreation on the Island is socially and physically beneficial. This is borne out by the previous approval by DEFA of the neighbouring Ape Man operation as well as its own current proposal for a mountain bike skills course a short distance away in the South Barrule Plantation. These types of use, including Laser Mayhem, are by their nature, largely reliant upon the retention of trees and the visual character of the Plantation. In this respect, the recreational use of the application site is considered acceptable.

1. The physical changes to the building and the retention of the tents and storage containers would have a greater impact on the character of the locality. However, it is accepted that the Ape Man apparatus and the Laser Mayhem tents and vehicles, although visible from the public car park, add to the character of the area as a place of congregation and recreation, with its associated noise, whilst South Barrule remains essentially a plantation.
2. The main changes to the building would be the application of smooth render over the stonework of the side and rear elevations. However, the existing stonework is not particularly well-maintained and the fresh pointing to the front would maintain the characteristic rustic finish. The extension, as indicated on the formally submitted plans, as amended, would still be subordinate to the existing modest building and appropriate in scale and detail.
3. The greater concern is the management of traffic within the small area of the application site. However, the application accords with the preferred approach of the DIHS that patrons park in the formal car park on the opposite side of the shoulder road and walk across to the application site.
4. Such piecemeal development of recreational facilities within the Island's plantations is not to be preferred to an overall plan. Even so, the use is of undoubted public benefit, whilst not adversely affecting the original purpose of the Plantation. Moreover, the development, except for the works to the building, could be reversed by planning condition, if the operation ceases in the future. There are no objections to the application and approval is recommended, subject to such a condition.

Assessment by the Inspector

Main Issues

1. In my view, the main issues are, broadly as identified by the Planning Authority:

• whether the site is suitable in principle for the recreational use already commenced;
• whether the use of the site and the proposed alteration and extension to the building are visually and environmentally acceptable; and
• whether the proposed development is acceptable in road safety terms.

Procedural Matters

1. Consideration of these issues is not affected by the fact that the recreational use is already in existence, making the application, in part, retrospective.
2. The Planning Authority advises that the Department is promoting development orders to permit certain works in support of recreation in some of the Island's plantations and that DEFA is discussing the

provision of permanent toilets for the whole Plantation. Be that as it may, the present proposal falls to be considered on its own individual merits and that is the approach I take in the following appraisal.

Appraisal

1. For the same reasons as set out above on behalf of the Planning Authority, I consider the recreational use of the application site for which approval is now sought to be acceptable as socially and physically beneficial and in keeping with other such uses already approved in the South Barrule Plantation. The development largely retains the wooded visual character of the surrounding area. The site is suitable in principle for the recreational purposes, subject of the application, and the development is compliant with the Strategic Plan in this respect, including the exceptions contemplated by General Policy 3.

1. Visually, the tents and other apparatus are consistent with the appropriate recreational use of the woodland site. The 7m long extension to the building would remain subservient to the main construction. I do not consider that the part-rendered finish would be seriously at odds with the original stonework, given the retention and improvement of the stonework to the main elevation would preserve its rural character. Overall, I agree with the Planning Authority that the proposed alterations and extension to the building would be acceptable in scale and detail. In this respect too, the development would avoid unacceptable conflict with the aims of the relevant Environment Policy 16 of the adopted Strategic Plan 2016, with respect to the re-use of rural buildings.

1. However, I also agree with the Planning Authority that the greater concern is the management of traffic or, more particularly, the proposal for only a small parking area on the application site itself. However, this is consistent with the preference of the DIHS for patrons to park in the formal car park on the opposite side of the shoulder road and to walk across to Laser Mayhem.

1. The car park and Laser Mayhem are on a tight bend in the shoulder road where its relatively generous width does nothing to encourage drivers to slow down, especially on the downhill approach from the north. Notwithstanding the preference of the DIHS for centralised parking and its lack of objection on highway grounds, I consider that to encourage patrons to cross the road in order to reach Laser Mayhem, rather than to park on the site itself, raises some potential for conflict between pedestrians and passing vehicles. At the same time, I have seen no evidence of traffic flows on the road and it appears to be comparatively lightly used. Moreover, it can be envisaged that visitors may patronise more than one recreational facility in a single visit. This could result in patrons crossing the road in any event.

1. On balance, whilst the arrangements for parking and the management of pedestrian and vehicle traffic appear to me to be less than ideal, such adverse traffic impact can reasonably be judged to be outweighed overall

by environmental and economic benefits resulting from the development in terms of Environment Policy 16.

1. For the foregoing reasons, I conclude overall that it would be appropriate for planning permission to be granted in the terms of the application, subject only to the standard time limit for commencement of the building works and a further condition requiring the removal of the tents and containers should their use in association with the development cease.
2. In the event that the Ministers give greater weight to the potential for conflict between pedestrians and vehicles on the road between the car park and the application site than to the recreational benefits of the development, the application should, in the alterntive, be refused.

Recommendation

1. I accordingly recommend that planning approval be granted for alterations and extension to existing building to provide cooking facilities and coffee shop for the participants of the Venture Centre and use of plantation for leisure purposes at Watertrough Park, Shoulder Road, Foxdale, Isle of Man, IM9 3EL, in accordance with Site and Location Plans and Building Details shown on Drwgs Ref LM/2/16 (two sheets), as amended and received by the Planning Authority on 24 May 2016, and subject to the following conditions:

1) The development hereby permitted shall commence before the expiration of four years from the date of this notice. 2) Should the containers and tents referred to on the approved plans no longer be required or used in association with the approved use of the site, they shall be removed within two months of the cessation of their use.

B J Sims

Brian J Sims BSc CEng MICE MRTPI Independent Inspector