CHIEF SECRETARY'S OFFICE

Oik yn Ard-Scrudeyr

Our Ref: DF12/0002 Planning Application Ref.No: 12/00016/B

THE TOWN AND COUNTRY PLANNING ACT 1999

TOWN AND COUNTRY PLANNING DEVELOPMENT (PROCEDURE ORDER) 2005

Planning Secretary

Planning And Building Control Division Murray House Mount Havelock Douglas Isle Of Man

| Applicant: | Onchan AFC | | --- | --- | | Proposal: | Creation of a football pitch, erection of a club house to provide changing facilities and associated car parking, Field 534017 & 534018 Blackberry Lane, Onchan, Isle of Man |

In accordance with paragraph 10 of the above Order, the person appointed by the Council of Ministers to consider this application has submitted her report and in accordance with paragraph 10.3(a) and (b), a copy of the appointed persons report is enclosed.

On the 24th May 2012, and after consideration, the Council of Ministers decided not to accept the Inspector's recommendation to refuse the application and therefore approved the application subject to the conditions specified below.

In making its decision Council noted that the Inspector recommended that the application be refused for the following reason: The car park and clubhouse would have a harmful effect on the open character and appearance of the surrounding area, contrary to paragraph 10.2 of the Onchan Local Plan and Recreation Policy 2 of the Isle of Man Strategic Plan. There is insufficient evidence that the need for the proposed pitch, car park and clubhouse outweighs this harmful effect.

Council further noted the Inspector's Report attached a schedule of suggested conditions at the end of her Report should the Council of Ministers take an opposite view to the recommendation.

Council noted that the Inspector had reached favourable conclusions about the proposal's effect on highway conditions and living conditions but that the Inspector had reached the view, on balance, that the harm to the character and appearance of the surrounding area and the uncertainty about the need for the proposed facilities justified a refusal of the application.

Council considered the Report and agreed that the balance of the Inspector's conclusions undervalued the positive social benefit brought by encouraging the Island's young people to participate in sports and recreation.

Council also considered the Inspector's comments on the uncertainty surrounding the new pitches that would shortly become available at Bemahague School. Council noted that no definitive information from the Department of Education and Children regarding the use of the new pitches had

been made available to the Inspector and that no evidence was presented to confirm, or otherwise, whether Onchan AFC would be able to use the new pitches. Council were concerned about the uncertainty that the lack of guaranteed availability would create for Onchan AFC and noted that the application would provide the Club with certainty for the foreseeable future.

Council gave weight to the social benefit of access for young people to sport and recreation facilities and that there was no guarantee that Onchan AFC would have access to pitches at Bemahague.

Council also gave weight to the fact that the Inspector had made the recommendation on the balance of evidence and taking into account her conclusion, agreed that on balance the harm to the character and appearance of the surrounding area was outweighed by the other positive aspects of the application.

After consideration, Council agreed to grant planning permission for the application subject to the schedule of suggested conditions set out in the Report, with an amendment to condition 6 so that it would read 'not exceeding 18 years of age'.

| Date of Issue: 31st May 2012 | | | --- | --- | | Chief Secretary's Office | | | Government Offices | | | Bucks Road | | | Douglas | |

Mr W Greenhow ACMA Chief Secretary

CONDITIONS OF APPROVAL:

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This approval relates to a football pitch, changing facilities and car park as shown on the 1:1,500 location plan and Drwg Nos PL10 Rev A, PL11 Rev A and OFC-01 Rev 4, all date-stamped 6 January 2012.
3. No development shall take place until a sample of roofing material to be used on the clubhouse has been submitted to and approved in writing by the Planning Authority. The clubhouse shall be roofed with the approved material.
4. No development shall take place until a landscaping scheme, including a timetable for its implementation, has been submitted to and approved in writing by the Planning Authority. The scheme shall include a management plan for the grassed areas not covered by the pitch. The landscaping scheme and the management plan shall be implemented as approved. Any tree or shrub that within 5 years of being planted dies, is removed or becomes seriously damaged or diseased, shall be replaced in the next planting season with another of similar size and species.
5. Neither the pitch nor the clubhouse shall be used until the car park has been provided in accordance with the approved plans. Thereafter the car park shall be kept permanently available for the parking of cars.
6. Only junior players not exceeding 18 years of age shall use the pitch hereby approved. No senior matches shall be played on the pitch.

Crown Division Government Offices Douglas Isle of Man 11 May 2012 To the Council of Ministers Case Reference: DF/0002 Planning Application: 12/00016/B Application by Onchan AFC for planning approval for a football pitch, changing facilities and car park on Field Nos 534018 and 534017, Blackberry Lane, Onchan.

1. I have the honour to report that on 19 April 2012 I held an Inquiry in connection with the above application. A list of those who attended is at the end of this Report. I made a pre-Inquiry visit to the site on 16 April 2012.
2. The Department of Infrastructure owns the fields for the proposed football pitch. For that reason, the Planning Committee cannot consider the planning application. It must therefore be determined by the Council of Ministers.

THE SITE AND ITS SURROUNDINGS

3. The application site comprises 2 fields separated by a hedge. Blackberry Lane runs along the eastern boundary of the site. The trees and watercourse of Summer Hill Glen form the site's western boundary. Governor's Road, and its roundabout junction with Glencrutchery Road and Mountain Road, form the site's northern boundary. To the south of the site is the clubhouse, car park and football pitch of the Douglas High School Old Boys' AFC (which I shall refer to as the "Old Boys' club").

THE PROPOSED DEVELOPMENT

4. The football pitch that Onchan AFC proposes to construct would occupy only about a quarter of the application site. It would straddle the boundary between the two fields, thereby necessitating the removal of about 95 m of the dividing hedgerow. The playing area would have to be levelled, and this would entail some cut and fill. The maximum depth of excavation would be about 4 m . At its nearest point, the pitch would be some 30 m from Blackberry Lane. A clubhouse would be built at the southern end of the site. Part of its rear wall would be within 5 m of the rear wall of the Old Boys' clubhouse. The proposed car park would have approximately 51 spaces. Removal of about 5 boundary trees would enable the car park to merge with the informal parking area at the Old Boys' club, thereby enabling shared use. The existing access off Blackberry Lane would be used by both clubs.

ADVICE FROM THE DEPARTMENT OF INFRASTRUCTURE'S PLANNING AND BUILDING CONTROL DIVISION

5. In 2010, Onchan AFC submitted an application for a football pitch on the opposite side of Blackberry Lane, but the application was later withdrawn.
6. Paragraph 10.1 of the Onchan Local Plan says that Onchan District has significant areas of open space that are visually appreciated because they form breaks in

development. In paragraph 10.2 there is a list of the main areas of open space. The list includes "the open fields alongside Blackberry Lane". The same paragraph makes it clear that all of the listed areas of open space require specific policies to protect them from development. Currently there is no specific policy in respect of the open fields alongside Blackberry Lane. 7. Recreation Policy 2 of the Isle of Man Strategic Plan (IoMSP) establishes, amongst other things, that development which would adversely affect or result in the loss of open space will not be permitted except where there would be an overall community gain from the development, and where the loss of open space would have no significant unacceptable effect on the character of the area.

REPRESENTATIONS BY ONCHAN AFC IN SUPPORT OF ITS APPLICATION

8. The proposed pitch would provide a much-needed facility for Onchan AFC's junior players. Their number has increased dramatically; there are now 130 players under 15 years old. They need a fixed base. At present, they have to train and play matches on a variety of pitches, and their equipment has to be transported around with them.
9. Onchan Stadium would continue to be the main pitch for Onchan AFC's senior players, but it is available for only about 30 Saturday afternoons a year. A shared use of the Old Boys' pitch is not an option because, understandably, the Old Boys' club wants to prevent excessive wear and tear of its grass. It is not yet clear how the new pitches at the Bemahague School will be allocated and controlled. Even if Onchan AFC is allowed to use them, there can be no certainty that it would be at convenient times. The pitches at Nobles Park, St Georges and Vagabonds are either unsuitable or unavailable.
10. The application site would continue to be a green space. There would be no floodlighting or fencing and the only advertising would be on the clubhouse.
11. The Arboricultural Officer of DAFF (Forestry Division) has been consulted about the planting proposals. New trees and hedges would replace those that would have to be removed. Native species would be chosen and, in time, these would make a contribution to wildlife. The grassland around the pitch could be managed to encourage wildlife. The applicant is also prepared to plant a community orchard. It is accepted that there would be some destruction of wildlife habitats during the creation of the pitch but, in the end, nature and wildlife would be enhanced.
12. The clubhouse would be an unobtrusive low-rise building, partially obscured by an embankment created as a result of ground levelling. The clubhouse's modest size (17.1 \mathrm{~m} \times 7.1 \mathrm{~m}) would make it too small for other community uses.
13. As a general rule, the pitch would be used only by junior players. Their matches would not take place at the same time as matches on the adjoining Old Boys' pitch. The proposed car park, which would be available for shared use, would bring the total number of off-road spaces to 67 . There would therefore be a significant reduction in the number of cars parked on Blackberry Lane on match days.
14. It is accepted that junior players and their spectators can sometimes be noisy, but background noise is unlikely to increase noticeably. In any case, the nearest house is about 170 m away.

REPRESENTATIONS FROM THOSE WHO SUPPORT ONCHAN AFC'S APPLICATION

15. The chairman of Onchan AFC has written in support of the current proposal. In addition, about 166 people have signed a petition and 162 people have submitted identical letters. The petition and letters say "I/we fully support the actions taken by Onchan AFC to establish a facility for football to be played at Blackberry Lane, Onchan".

REPRESENTATIONS BY THE ONCHAN DISTRICT COMMISSIONERS

16. The Commissioners recommend that the application be approved.

REPRESENTATIONS BY THOSE WHO OBJECT TO THE APPLICATION

17. Residents of dwellings in Governors Road, Summerhill Road and Blackberry Lane have submitted seven letters of objection. They point out that there are currently 6 football pitches within 400 m of the application site and that about 5 pitches will soon become available for community use at the new Bemahague School. The need for the proposed pitch is therefore questioned.
18. In their view, the application site is a haven for wildlife. Habitats will be disturbed by the earthmoving and the removal of hedgerows and, later, by the regular use of the pitch. The proposed tree planting would not be sufficient mitigation. The fields should be kept as they are; they form an important buffer between Onchan and Douglas.
19. When a match is being played on the Old Boys' pitch as many as 46 cars can be parked on Blackberry Lane. This is hazardous and inconvenient. If matches were played simultaneously on the Onchan AFC pitch and the adjoining Old Boys' pitch, the proposed car park would not be able to cope. When Bemahague School opens, traffic levels in Blackberry Lane are likely to increase, even at weekends. Blackberry Lane and its junction with Summerhill Road would then become even more hazardous.
20. The activities at the Old Boys' club are clearly audible in nearby homes and gardens. The noise would get worse if Onchan AFC had a pitch on the adjoining land.

INSPECTOR'S ASSESSMENT

21. My assessment of the planning application covers the following issues:

• The effect of the proposed development on the character and appearance of the surrounding area
• The need for the proposed football pitch
• The impact on highway conditions in Blackberry Lane
• The effect on the living conditions of local residents, with particular reference to noise and disturbance

The effect on the character and appearance of the surrounding area 22. The 2 fields that are the subject of this application are part of an area of open space identified as such in the Onchan Local Plan. I accept that about three quarters of the application site would remain as rough grassland and could be managed to encourage wildlife. I also acknowledge the applicant's willingness to plant trees and hedges. However, to my mind, the presence of the proposed car

park and clubhouse could not be disguised. Matters would be made worse by the proximity of the Old Boys' car park and clubhouse. The cumulative visual impact of two adjoining car parks and clubhouses would, to my mind, unacceptably harm an attractive green and open buffer between Onchan and Douglas; something that paragraph 10.2 of the Onchan Local Plan and Recreation Policy 2 of the IoMSP seek to prevent. 23. I have therefore reached the view that the proposed car park and clubhouse would have a harmful effect on the open character and appearance of the surrounding area.

The need for the proposed football pitch 24. I am sympathetic to the practical difficulties of having no fixed base for Onchan AFC's juniors. Their increasing numbers is a testimony to the dedication of parents and club officials who ferry the young players and their equipment around from pitch to pitch. I am also aware that a pitch in Blackberry Lane would be within walking and cycling distance for many of the club's youngsters. 25. However, at present there is uncertainty surrounding the several new pitches soon to become available at Bemahague School. It could be that these pitches will provide an accessible and practical solution to the applicant's problems. Therefore, in the absence of any firm evidence to the contrary, I cannot be sure that there is currently a real need for the proposed football pitch. Furthermore, if the proposed pitch were to be created, there can be no certainty that there would be an overall community gain to off-set the loss of open space; one of the criteria of the IoMSP's Recreation Policy 2.

Highway conditions 26. There is no firm evidence to indicate that Blackberry Lane and its junction with Summer Hill Road could not cope with the additional traffic generated by the proposed football pitch. 27. At present, because of the shortage of off-road car parking spaces, cars are sometimes parked on Blackberry Lane during matches at the Old Boys' club. I have no doubt that at times this can make highway conditions hazardous and inconvenient. The 51 spaces in the proposed car park for Onchan AFC and the 16 spaces in the informal car park at the Old Boys' club would provide a total of 67 shared off-road parking spaces. To my mind, this could significantly reduce the amount of parking on Blackberry Lane; a point in the proposal's favour. I am further comforted by the fact that the likelihood of matches taking place simultaneously on the Onchan AFC pitch and the Old Boys' pitch is extremely slight. Indeed the applicant is prepared to accept a condition that no senior matches are played on the proposed pitch. 28. From the evidence available to me I have therefore reached the view that highway conditions in Blackberry Lane would not be materially worsened if the proposed football pitch, clubhouse and car park were to be built.

Living conditions of local residents 29. To my mind, it is inevitable that shouts and whistles from those on or around the proposed pitch would sometimes be heard by those who live in the surrounding area. However, there would be long periods when there would be no noise at all. In any case, the nearest house is about 170 m away which, to my mind, is far enough away for any noise to be diluted to a bearable level.

30. I am therefore of the view that the noise and disturbance caused by the presence of the pitch would not have a materially adverse effect on the living conditions of local residents.

CONCLUSION

31. Notwithstanding my favourable conclusions about the proposal's effect on highway conditions and living conditions I have reached the view that, on balance, the harm to the character and appearance of the surrounding area and the uncertainty about the need for the proposed facilities justify a refusal of the planning application.
32. However, if the Council of Ministers were to take an opposite view, I have attached a schedule of suggested conditions at the end of this Report.

RECOMMENDATION

33. I recommend that the planning application for a football pitch, changing facilities and car park on Field Nos 534018 and 534017, Blackberry Lane, Onchan should be refused for the following reason:

The car park and clubhouse would have a harmful effect on the open character and appearance of the surrounding area, contrary to paragraph 10.2 of the Onchan Local Plan and Recreation Policy 2 of the Isle of Man Strategic Plan. There is insufficient evidence that the need for the proposed pitch, car park and clubhouse outweighs this harmful effect.

Ruth MacKenzie BA(Hons) MRTPI Independent Inspector

PRESENT AT THE INQUIRY

• David Quirk MHK - President of Onchan AFC
• Richard Haddock - Chairman of Onchan AFC
• Terry Black - supporter of Onchan AFC
• Peter Foxton of Progeny Ltd - Onchan AFC's architect
• Ian Brooks - Planning Officer, Department of Infrastructure
• Derek Sewell - Highways Division, Department of Infrastructure
• Mr & Mrs Ian Hand of Blackberry Lane, Onchan - objector
• Mr G Pye of Governors Road, Onchan - objector

SCHEDULE OF SUGGESTED CONDITIONS

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This approval relates to a football pitch, changing facilities and car park as shown on the 1:1,500 location plan and Drwg Nos PL10 Rev A, PL11 Rev A and OFC-01 Rev 4, all date-stamped 6 January 2012.
3. No development shall take place until a sample of roofing material to be used on the clubhouse has been submitted to and approved in writing by the Planning Authority. The clubhouse shall be roofed with the approved material.
4. No development shall take place until a landscaping scheme, including a timetable for its implementation, has been submitted to and approved in writing by the Planning Authority. The scheme shall include a management plan for the grassed areas not covered by the pitch. The landscaping scheme and the management plan shall be implemented as approved. Any tree or shrub that within 5 years of being planted dies, is removed or becomes seriously damaged or diseased, shall be replaced in the next planting season with another of similar size and species.
5. Neither the pitch nor the clubhouse shall be used until the car park has been provided in accordance with the approved plans. Thereafter the car park shall be kept permanently available for the parking of cars.
6. Only junior players not exceeding 17 years of age shall use the pitch hereby approved. No senior matches shall be played on the pitch.