Loading document...
==== PAGE 1 ====
16/01129/C
Page 1 of 10
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/01129/C Applicant : Mr Andrew Clague Proposal : Creation of a campsite with associated parking, fencing, welfare facilities and signage Site Address : Field 531402 Whitebridge Road Onchan Isle Of Man
Case Officer : Mr Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE
1.0 THE APPLICATION SITE 1.1 The application site comprises of land within the rural part of Onchan that is accessed off Whitebridge Road. The site contains Ballakaighen Farm, which is now primarily in leisure use, and is commonly referred to as 'Laserblast'.
1.2 Within the site are a total of six buildings which include the main Farm house, two storage barns and two barns used in connection with 'Laserblast' and the 'Fun Barn'. The sixth building, which is also the most recent to be constructed is a temporary marquee which is the southernmost building within the complex.
1.3 To the immediate north of the farm complex is Field 531402 which is a relatively flat parcel of land. The application currently under consideration relates to part of this field.
1.4 Directly opposite the entrance to the site is the residential property Sunnyside.
1.4 The applicant also owns the residential property Ballakaighen House which is directly to the north of the application site, approximately 220 metres, along Whitebridge Road.
2.0 PROPOSAL 2.1 The application seeks approval for the creation of a camping area with associated parking, fencing and welfare facilities to operate during the TT Festival fortnight, May/June, and Festival of Motorcycling fortnight, August/September only.
2.2 The proposed campsite would be located within part of Field 531402. The submission proposes a total of approximately 110 pitches. A temporary shower and toilet block would be sited to the edge of the existing farm complex, near to the "Fun Barn" building. The existing car park would be utilised for the parking of bikes and other vehicles. No alterations, including tracks, are proposed to be made to the existing field.
2.3 The submission refers to the erection of a temporary sign indicating the entrance to the campsite, approximately 90 metres to the southwest of the existing entrance to the site.
3.0 PLANNING HISTORY
==== PAGE 2 ====
16/01129/C
Page 2 of 10
3.1 The application site has been the subject of a number of previous planning applications, the following of which are considered to be material to the assessment of the current planning application.
3.2 Planning application 03/00729/C sought planning approval for the change of use of agricultural land and barn for paintball games and indoor laser games at Ballakaighen Farm, Whitebridge Road, Onchan. This application was initially approved on the 28th November 2003.
3.3 Planning application 05/00326/B sought planning approval for the conversion of barns to an activity centre with car parking, drive widening and entrance alterations at Ballakaighen Farm, Whitebridge Road, Onchan. This application was initially approved on the 6th July 2005.
3.4 Planning application 06/00866/B sought planning approval for alterations to existing sludge pit and erection of a building to incorporate leisure facilities at Ballakaighen Farm, Whitebridge Road, Onchan. This previous planning application was refused on the 8th February 2007. A subsequent appeal against the refusal was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, and the refusal confirmed at appeal on the 24th July 2007.
3.5 Planning application 08/00454/B sought planning approval for the extension of the existing car park at Ballakaighen Farm, Whitebridge Road, Onchan. This application was approved on the 15th July 2008.
3.6 Planning application 08/01134/B sought planning approval for the erection of a marquee, toilet blocks and creation of decking at Ballakaighen Farm, Whitebridge Road, Onchan. This application was refused on the 30th September 2008.
3.7 Planning application 08/01403/C sought planning approval for the change of use of two fields from agricultural to recreational and location of a portacabin at Ballakaighen Farm, Whitebridge Road, Onchan. This application was refused on the 30th September 2008.
3.8 Planning application 09/01320/R sought planning approval for the creation of a toilet block at Ballakaighen Farm, Whitebridge Road, Onchan. The Planning Committee declined to consider the planning application on the grounds it was substantially the same as one (08/01134/B) refused in the previous five years.
3.9 Planning application 10/00838/B sought planning approval for the seasonal erection of a marquee and portable toilet block to accommodate corporate functions and events, 1st May to 30th September. This application was refused by the Planning Department and recommended for refusal by the Planning Inspector, but was subsequently approved by the Deputy Minister. He concluded that 'having regard to the fact that it, the marquee, would be in place for only part of the year, that it would have the appearance of a temporary structure, and that it would form part of a compact group of buildings set some distance from the roads...the effect on the countryside would not be so adverse as to warrant a refusal'. The Deputy Minister acknowledged that the Planning Inspector concluded the exiting traffic late at night would have an adverse impact on the living conditions of the occupants of 'Sunnyside' opposite the entrance to the site, but concluded it was acceptable. This approval was granted on the 17th February 2011.
3.10 Planning application 10/01728/D sought planning approval for the erection of entrance signage at Ballakaighen Farm, Whitebridge Road, Onchan. This application was approved on the 13th January 2011.
3.11 Planning application 11/00459/C sought planning approval for the additional use of agricultural land for recreational activities, extension to car park and formation of zorbing tracks at Ballakaighen Farm, Whitebridge Road, Onchan. This application was approved on the 12th June 2012.
==== PAGE 3 ====
16/01129/C
Page 3 of 10
3.12 Planning application 14/00223/C sought planning approval for the variation of conditions 4 and 5 of PA 10/00838/B concerning the hours and frequency of use of the seasonal marquee at Ballakaighen Farm, Whitebridge Road, Onchan. This application was approved on the 26th June 2014.
3.13 Planning application 14/00242/C sought planning approval for the erection of a temporary camping area with associated parking, fencing and welfare facilities to operate during the TT Festival fortnight, May/June 2014 and 2015, and Festival of Motorcycling fortnight, August/September 2014 and 2015. This application was approved on the 30th June 2014.
3.14 Planning application 15/00036/C sought planning approval for the erection of a temporary camping area with associated parking, fencing and welfare facilities to operate during the TT Festival fortnight (May/June 2015 and 2016) and Festival of Motorcycling fortnight (August/September 2015 and 2016) only. This application was approved on the 27th March 2015.
4.0 REPRESENTATIONS 4.1 Onchan District Commissioners recommend that the planning application be approved (received on 19.10.2016).
4.2 The Department of Infrastructure Highways Services do not oppose the application (received on 28.10.2016): "The proposal is operate a campsite during TT and Festival of Motorcycling periods on a farm. The campsite has operated for the previous 3 years and there are no highway reasons for this not to continue.
To assist visitors locating the site and to improve road safety an advance sign is required as shown on McGarrigle Architects drawing no 1746 02 P01 rev C dated 10-02-15 at all times the campsite is in operation.
Highway Services does not oppose this application."
5.0 PLANNING POLICY 5.1 In terms of land use planning, the application site is located within a wider area of land that is designated as open space under the Onchan Local Plan Order 2000. There are no policies within Planning Circular 1/2000, which constitutes the written statement to be read in conjunction with the local plan, that are considered specifically material to the assessment of the planning application.
5.2 In terms of strategic planning policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of the planning application:
5.3 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry;
==== PAGE 4 ====
16/01129/C
Page 4 of 10
(g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."
5.4 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
5.5 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."
5.6 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 could be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted."
6.0 ASSESSMENT 6.1 There are no specific policies in the Development Plan which relate to camping uses. The application therefore needs to be judged on its own merits, having regard to the planning polices of the Isle of Man Strategic Plan, as listed within the policy section of this report.
6.2 It is noted that planning approval (PA 14/00242/C & 15/00036/C) has already been granted for the use, albeit on a temporary basis and the campsite has operated for the last 3 years during the racing periods. This would equate to approximately 4 weeks per year. No camping would take place outside these weeks. This new submission is essential seeking the camping use be allowed each year with no temporary restrictions during the two motorcycling events for 110 pitches.
6.3 The main considerations relate to the potential visual impact upon the countryside, potential impacts upon neighbouring amenities and potential impacts on highway safety.
6.4 With regards to the potential visual impact upon the countryside, the proposed campsite will be apparent from public view when travelling in either direction along Whitebridge Road. Due to the topography of the site and area, the campsite would not be especially apparent from wider or distant views. The fact the proposal is temporary in nature and given no new built development on the site is proposed i.e. tracks/areas of hard standing, electricity connections; it is not considered the proposed development would have significant impacts upon the visual amenities of the countryside.
6.5 In relation to potential impacts upon neighbouring amenities, the property most likely to be affected would be the occupants of 'Sunnyside' which is a residential dwelling located immediately opposite the entrance to the site and over 60 metres to the northwest of the site. The proposed use has potential to cause disturbance by a number of means. These include noise from campers, noise from vehicular movements to and from the site (including cars and bikes), and disturbance from people walking to and from the site, potentially from the bus stops near the entrance of the site and adjacent to "Sunnyside".
6.6 The planning system cannot control how the site is managed, nor can it control how people behave or times people come and go from the site. In respect of this, planning approval would, to
==== PAGE 5 ====
16/01129/C
Page 5 of 10
an extent, have to be given on good faith that persons using the campsite consider nearby residents and other campers. It is also in the applicant's owner interest to manage the site appropriately in terms of future business. It is noted the site has been used for 3 years for camping purposes and no objection have been received from any local residents.
6.7 Under planning application 14/00223/C, approval was granted for the marquee building to be used up to midnight during the TT and Festival of Motorcycling. It is presumed as the marquee has an alcohol licence that persons from the campsite would be able to utilise this facility. Being the furthest building on the site from "Sunnyside", it is considered unlikely that the use would have a significant impact upon the amenities of "Sunnyside". Accordingly, given that most congregational and social activities are likely to take place in and around the marquee, this relationship is considered acceptable. It is accepted that there might be noise and disturbance from patrons of the site walking perhaps to the bus stops or the Liverpool Arms pub. There will also be some noise from traffic and particularly from motorcyclists who are likely to occupy the site. In support of the application previously the applicant's agent has stated that:
"Over the 10 years that Mr Clague has been running his business he has found without exception that the TT fortnight is their quietest time. He believes this is down to a number of factors: o The roads are closed for long periods for practice and races and many people are trapped within the course; o Many people don't like to travel because of slow-moving traffic, congestion on roads and the additional risk of travel at that time; and o Many people find other competing activities during the TT festival to attend such as the Fair on the Promenade, Peel Day etc
Mr Clague estimates his business reduces by as much as 90% during the TT and the formerly named Grand Prix festivals. He says people just don't make bookings during these periods and this obviously has a detrimental effect on their business. Mr Clague says that if temporary camping were permitted during these periods it would be an enormous help, providing an essential income through what has become an annually difficult business period. As his normal business reduces by 90% during these periods, so the traffic to the site reduces by a corresponding amount. Mr Clague also believes he can reduce the amount of travelling by his guest campers by providing hot and cold food and drinks throughout the daytime and into the evening; meaning that campers do not have to continually leave and return the campsite in search of food and drinks during the day and evening. Therefore if camping were permitted during the two festivals Mr Clague is of the opinion that any camping traffic would simply replace the absent normal business traffic; and there would be no adverse impact on neighbouring properties off Whitebridge Road."
6.8 The Planning Department previously sought comments from the Environment Protection Unit (EPU) - DEFA - regarding the proposed use of the site and distance from "Sunnyside". The Environment Protection Officer made the following comments: "This looks like a good location in comparison to some others, planning will have to consider the benefit to the community in comparison to the potential nuisance to a limited number of adjacent residential premises. There is likely to be increased noise particularly from traffic and any rowdy behaviour associated with camping area to the site but given the increased traffic from the TT this may be inconsequential."
6.9 Overall, it is considered acceptable from this respect.
6.10 With regard to the potential impacts upon highway safety the applicant's comments indicated within paragraph 6.8 would also apply. Highway Services has considered the application and has no concerns with the proposal given no safety concerns have been raised in the last 4 years when the site has operated as a campsite. As highlighted by the applicant, the reduction in traffic to and from the site due to a drop in his normal business is likely to be substituted to a degree by the traffic generated by the camp site. Highway Services have sought that a temporary sign be erected to notify persons of the campsite. It is considered such a condition can be attached.
==== PAGE 6 ====
16/01129/C
Page 6 of 10
6.11 In response to planning application PA 14/00242/C, the Department of Economic Development
6.12 It is therefore considered there is a clear need for this type of accommodation to facilitate growth of the two motor events and the tourist economy.
7.0 RECOMMENDATION 7.1 Overall, the proposed use is considered to be acceptable in terms of its potential impacts and there are no reasonable grounds to withhold approval for the site being used as a campsite during the TT and Festival of Motorcycling events. It is therefore recommended that the proposal is accepted.
8.0 PARTY STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, 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; (d) The Highways Division of the Department; 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.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 03.11.2016
Conditions and Notes for Approval: C : Conditions for approval
==== PAGE 7 ====
16/01129/C
Page 7 of 10
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. There shall be a maximum of 110 tents pitched within the site. There shall be no pitching of tents outside the area outlined red on the site plan Nr P01 REV C received on 28th September 2016.
Reason: In the interests of public amenity.
C 3. The parking area, as shown on the site plan received on 28th September 2016, shall not be used other than for the parking of vehicles in connection with Ballakaighen Farm (including leisure facilities and marquee) and camping use hereby approved.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
C 4. The use may not be taken up until approval has been granted for the temporary signage to be erected on the western approach to the entrance. The approved sign must be erected one day prior to the campsite being opened and taken down one day after its closure.
Reason: In the interests of highway safety.
C 5. Prior to the operation of the campsite hereby approved either a form of hedgerow landscaping and/or post and wire fencing, shall be erected along the north-western boundary of the site. Details of the fencing must be submitted to and be approved by Planning and Building Control and shall be retained throughout the period when the field is in use for camping. Temporary fencing must be removed when camping has ceased.
Reason: In the interests of visual amenities to the countryside and to protect the residential amenities of the neighbouring property.
This approval relates to drawing P01 Rev C date stamped as received 28th September 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:...14.11.2016
Signed :...C BALMER... Presenting Officer
==== PAGE 8 ====
16/01129/C
Page 8 of 10
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.
==== PAGE 9 ====
16/01129/C
Page 9 of 10
PLANNING COMMITTEE DECISION 14.11.2016
Application No. : 16/01129/C Applicant : Mr Andrew Clague Proposal : Creation of a campsite with associated parking, fencing, welfare facilities and signage Site Address : Field 531402 Whitebridge Road Onchan Isle Of Man
Presenting Officer : Mr Chris Balmer
Addendum to the Officer’s Report
Following the Planning Committee meeting November 14th 2016, it was noted that the report had omitted a recommended condition restricting the use of the site for camping purposes to the TT and Festival of Motorcycle periods only. After it's sitting the Planning Committee was consulted and it was agreed that it was the Committee's intention and the discussions had been held on the basis that, the use for camping purposes would be so restricted. Accordingly the addition of the omitted condition was agreed (condition 6).
Conditions of Approval
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. There shall be a maximum of 110 tents pitched within the site. There shall be no pitching of tents outside the area outlined red on the site plan Nr P01 REV C received on 28th September 2016.
Reason: In the interests of public amenity.
C 3. The parking area, as shown on the site plan received on 28th September 2016, shall not be used other than for the parking of vehicles in connection with Ballakaighen Farm (including leisure facilities and marquee) and camping use hereby approved.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
C 4.
==== PAGE 10 ====
16/01129/C
Page 10 of 10
The use may not be taken up until approval has been granted for the temporary signage to be erected on the western approach to the entrance. The approved sign must be erected one day prior to the campsite being opened and taken down one day after its closure.
Reason: In the interests of highway safety.
C 5. Prior to the operation of the campsite hereby approved either a form of hedgerow landscaping and/or post and wire fencing, shall be erected along the north-western boundary of the site. Details of the fencing must be submitted to and be approved by Planning and Building Control and shall be retained throughout the period when the field is in use for camping. Temporary fencing must be removed when camping has ceased.
Reason: In the interests of visual amenities to the countryside and to protect the residential amenities of the neighbouring property.
C 6. This permission is for a camping use only and the use shall not be carried out outside the TT and Motorcycle Festival practice and race weeks save for an additional two days for setting up and two days for dismantling the camp site.
Reason: The planning application has only been considered on the basis of the camping use during the periods of the TT and the Festival of Motorcycling and for no times outside these periods.
This approval relates to drawing P01 Rev C date stamped as received 28th September 2016
Copyright in submitted documents remains with their authors. Request removal