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Application No.: 17/00915/B Applicant: Millstreams Ltd (Tynwald Mills IOM Ltd) Proposal: Erection of a marquee for a period of 60 days over the Christmas period for use as an ice rink Site Address: Car Park Tynwald Mills Road St Johns Isle Of Man Case Officer : Mr Jason Singleton Expected Decision Level: Planning Committee Recommended Decision: Refused Date of Recommendation: 25.09.2017 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R .1 The proposal is contrary to the Development Plan (the Strategic Plan and Local Plan), as well as other more recently adopted Government Strategies, for the same reasons as the previous application was refused.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the following persons should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Residents of Ballakilley, St Johns - Their property is located to the west of the site and is close enough to be effected by the proposal.
Residents of Lower Ballig, Tynwald Mills - Their property is located to the east of the site and is close enough to be effected by the proposal.
Residents of Mill House, Tynwald, St Johns - Their property is located to the east of the site and is close enough to be effected by the proposal. _____________________________________________________________________________
THIS APPLICATION IS TO BE DETERMINED BY THE PLANNING COMMITTEE IN ACCORDANCE WITH DEFA STANDING ORDER NO. 03/16; Paragraph 3, Sub- paragraph (1),(G); Where an application for development would create additional new floor space of 500sqm or more, unless it lies within an area allocated for that purpose.
BACKGROUND In November 2015 a retrospective application was received for: 'the erection of a marquee adjacent to the overflow car park to be used for promotional events, charity functions, exhibitions children's activities, and leisure activities including an ice rink and roller skating'. This application sought to retain the marquee on the site for a period of 5 years.
The application was refused by the planning committee and that decision was upheld on appeal, for the following reasons:
This application differs in that it seeks approval for the erection of the same marquee (it has yet to be removed) for a period of 60 days per year over the Christmas Period to allow it to run for 4 weeks with 2 weeks either side to construct and deconstruction of the ice rink and marquee on a yearly basis, in perpetuity.
1.1 The application site is field number 314702 and 314703. It sits to the north of the Tynwald Mills site and car park. The land is used as an overflow car park and is surfaced with crushed stone. There is a marquee towards one side of the field for which approval is sought by way of this application. - 1.2 The site sits in a valley, alongside the River Neb. There is a thick line of trees to the north of the site.
1.3 The site is accessed via Glen Mooar Road, which leads north to the A20 (Poortown Road) and south to the A1 at St Johns. PROPOSAL
2.1 Proposed is the erection of a marquee for 60 days to house an indoor ice rink over the Christmas period. - 2.2 The marquee measures about 30m by 20m (600sqm) and 7.3m high to the ridge. The marquee is constructed from a white PVC coated fabric, and includes white framed glazed units along the sides.
2.2 The applicant has stated in support of their application:
3.1 In the 1980s Tynwald Mill's was used as a craft centre where the making of such things as perfume and yarn was carried out and products made on site then sold. It has a long planning history of some 43 or so applications since the mid-1980s. It is noted that certainly in the mid-1990s the centre was still partly craft and partly retail, with applications in 1996 and 1997 setting out that the site must only be used in the manner indicated on the drawings, and noting that 'the Planning Committee consider that the works as proposed will consolidate previous piece-meal extensions and approval is unlikely to be given to further extensions.' It is not clear from the planning history when the centre changed to becoming solely retail (with the exception of an art studio on the first floor of one of the buildings), as there does not appear to be a specific application for that purpose. Nevertheless, the site has been primarily retail for a number of years now.
3.2 Similarly, there is no application to use the field, the subject of this application, as an overflow car park, although applications as far back as 1993 show it as such. It is noted in later applications, such as the one in 2000 (see below) Mr Jeavons, proprietor of Tynwald Mills said the overflow car park was only used on bank holidays, Sundays and around Christmas. He states the meadow provides an excellent village green type atmosphere where people can play and picnic. - 3.3 Until recently, the field was laid to grass, but has now been laid with crushed stone, for which no planning approval has been sought, and it usually has a few cars parked there. It is therefore now used as a permanent car park and has ceased to have the appearance of a field. - 3.4 Approval was given on appeal for a summer marquee in 2001 (00/01824) - the application had been initially refused by the Planning Committee. - 3.5 Planning approval (07/01840/B) was granted on 15 February 2008 for the erection of a marquee measuring 270sqm (4m high) (less than half the size of the current marquee). The 2007 approval was subject to a number of conditions, including that it only be erected and used between Easter and October. The approval was never taken up.
3.6 An application (15/01276) seeking retrospective approval was refused by Planning Committee, and that refusal confirmed on appeal for: 'the erection of a marquee adjacent to the overflow car park to be used for promotional events, charity functions, exhibitions children's activities, and leisure activities including an ice rink and roller skating'. - 3.7 The appeal inspector considered the main issues of the inquiry to be, the principle of the development on this site; its effects on the country side; the adequacy of the access arrangements; and the potential effect of noise from the marquee on the amenity of the neighbouring residents. The inspector's findings are summarised below. - 3.8 The inspector found that, in principle the appeal site is not designated for development in the local plan and is shown as open space with registered trees. The erection of the marquee on the appeal site was clearly contrary to that policy. - 3.9 Policy C/P/3 of the local plan states no further buildings shall be permitted at the Tynwald Mills Centre and the marquee falls within the definition of a building under Manx Law. No planning approval exists for the use of this land as a car park or retail purposes and the erection and retention of the present marquee would be counter to Policy C/P/3 of the Local Plan. - 3.10 The retention of the existing marquee is not within any defined settlements and sits outside any area zoned for development and would therefore be contrary to Strategic Policy 2, Spatial Policy 5 and General Policy 3 of the Strategic Plan. - 3.11 The inspector considered the retention of the marquee for ice skating over Christmas time and for other events as listed but was not convinced that "accommodation of these activities could not be provided in Douglas or one of the other five Service Centres identified in the Strategic Plan, which would accord with Development Plan Policy". - 3.12 Tynwald Mills as a shopping destination and its economic contribution was not considered "sufficient to outweigh the clear policy objections to this development"… could see no reason "why Development Plan policies should be relaxed to give a special advantage to Tynwald Mills, over shops in established town centres"… and considered the retention of the existing marquee "would be unacceptable in principle". - 3.13 In considering the effects on the countryside, the inspector found the "rural appearance of the field has been compromised by its use as car park, and by the application of a surface dressing of crushed stone, the evidence is that, like the present marquee, neither of these developments is authorised… and has gradually encroached into this rural area over a long period changing its appearance". - 3.14 The previous application that was approved at appeal was much smaller that the existing structure and subject to planning conditions limiting its use to summer months between Easter and October. - 3.15 "The present marquee is a bulky and conspicuous structure of white canvas, which stands out sharply against the background vegetation. The inspector considered "that it detracts from the open, undeveloped character of the countryside. When in use, it must also generate an amount of traffic, activity and noise, which is likely to detract from the tranquillity of this rural area. The retention of this structure would be contrary to Environment Policy 1 of the Strategic Plan". - 3.16 The inspector noted with regard to access to the site, "paragraph 6.3 of the St John's Local Plan 1999, records that the Department of Transport has expressed the view that there should be no additional development at Tynwald Mills, as this would exacerbate existing traffic problems, there appear to have been no significant improvements to the local road system".
4.1 In terms of local plan policy, the site lies within the St John's Local Plan 1999. It is not designated for development. The annotation confirms that the trees on site are registered. The site also lies in a Proposed Conservation Area. Within the written statement of the St. Johns Local Plan, the following policies are considered material to the assessment of this application;
4.2 Policy C/P/1 and para 6.1 of the St John's Local Plan discourages new retail development in the village unless it is appropriate in scale and character to the village and suggests in that event, existing buildings should be used. - 4.3 Policy C/P/3 states that 'Apart from minor alterations to and renovations of existing buildings to Tourist/Craft uses, no further buildings shall be permitted at the Tynwald Mills Centre'. - 4.4 Paragraph 9.4 of the Plan states: 'On site parking and traffic movement have over recent years been major problems at the Tynwald Mills complex particularly during weekends and summer months. The recent opening of the new car park has eased the parking problems, and in addition, provision now exists for overflow parking in the adjoining Meadow Field (the site the subject of this application). Notwithstanding these recent improvements, it is not considered appropriate to allow any further new development at Tynwald Mills on the grounds that any further intensification in use of the complex will exacerbate traffic movement problems on the narrow access roads to the complex which could ultimately lead to a need to widen these roads. Further development would also go beyond the original theme for the centre of utilising the existing mill buildings. It is considered that it would be undesirable as it would alter the existing rural character of this area.' - 4.5 Policy TPP/P/2 states: 'The highway network which serves the immediate area surrounding Tynwald Hill and giving access to the Tynwald Mills Complex should retain its present natural character. There will be a presumption against any major works which would alter the widths, gradients and visual impact with a resultant adverse impact on the visual character or appearance of the area'. - 4.6 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 sets out the Island's strategic and spatial objectives and contains the following policies that are considered specifically material to the assessment of this application; - 4.7 Paragraph 2.6 states the Strategic Aim (is) to plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability
4.10 Spatial Policy 5 sets out clearly that: 'New development will be located within defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.' St Johns is defined as a service village under Spatial Policy 3 which contain area plans for each village. - 4.11 General Policy 3 provides for those exceptions where development may be appropriate in the countryside. The application proposal does not meet any of those exceptions. - 4.12 Environment Policy 1: '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 of 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'.
4.13 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: iii) vibration, odour, noise or light pollution'. - 4.14 Community Policy 2: 'New community facilities should be located to serve the local population and be accessible to non-car users, and should where possible re-use existing vacant or underused buildings'. - 4.15 Transport Policy 1: 'New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes'. - 4.16 Transport Policy 4: 'The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicles and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objective of the plan'.
OTHER MATERIAL CONSIDERATIONS DED's Retail Sector Strategy 2013.
5.1 The retail strategy was laid before Tynwald in December 2013. The strategy sets out a clear vision of the future: "to promote competitive and accessible retail and leisure environments in our town centres, which offer choice and convenience for consumers, improve the economy and enhance residents' quality of life".
5.2 It also provides future development guidance, which is seen as essential by the sector, potential investors and property developers. It states that the Strategy will inform Government
REPRESENTATIONS
6.1 German Parish Commissioners have commented (13/09/17) and do not object to the application but request any approval is conditioned to ensure that it applies for the Christmas period only. They would like to see a robust condition attached with reference to a removal date without exception or appeal.
6.2 The Commissioners raise query to the overflow car park that has never be granting planning permission and has changed from agricultural land into a car park by stealth.
6.3 Both residents of Ballakilley, St Johns, has commented (12/09/17 & 18/09/17) to object as they consider this application is a flagrant abuse of planning laws and procedures. They believe this application is set to delay the process to allow retention of the marquee. Having read the previous inspectors report from Michael Hurley of 4th April 2017, they do not consider there are any reasons for the dismissal of the previous application and the change of the company name applying is the only difference. - 6.4 Highways Services have commented (25/09/17) to object as they consider. "The application contains no information or evidence to ameliorate this reason for refusal. In the absence of such evidence and given the recent date of the refusal notice Highway Services recommends refusal of this application on the above stated grounds". - 6.5 Residents of Lower Ballig, Tynwald Mills, St.Johns, have commented (20/09/17) to request party status. - 6.6 Residents of Mill House, Tynwald, St Johns; have commented (22/09/17) to object to the marquee. "It does not fit into the environment, the site has grown too much, the area is countryside which should be peace and quiet except for sheep and cows and the best place for a temporary ice rink is behind the TT Grandstand where there is plenty of parking for everyone". Also they feel this application is an abuse of the planning system and the marquee should have been removed.
ASSESSMENT 7.1 The fundamental issues to consider in the assessment of this planning application are; (i) the principle of development; (ii) the visual impact on the character and appearance of the countryside; (iii) whether the site is in a sustainable location; (iv) the impact of the proposal on the highway; and (v) impact on the surrounding residents from noise.
7.2 This application differs from the previous application that was refused for the retention of the marquee in the following ways: This application is proposed for only 60 days per year to allow the marquee to house the ice rink over the Christmas period, whereas the previous application proposed to retain the structure in place all year, albeit with 2 months of non-use. This application also seeks approval for use for an ice rink only, and not for the other leisure and evening uses that the previous application sought.
7.3 Nevertheless, the Inspector's report and the Minister's decision are material considerations in respect of where this application is similar to the previous one considered.
7.4 In terms of the first and second reasons for refusal of the previous application, the site remains designated as countryside and the proposal remains contrary to that. The Inspector recognised that the marquee would help attract customers, but he felt that these factors were insufficient to outweigh the clear policy objection to the development. No evidence has been submitted that would seek to overcome the reason for refusal. The building remains the same size and in the same place contrary to Spatial Policy 5 and General Policy 3 of the strategic plan. It represents new development in the countryside, contrary to Policy C/P/3 of the St Johns Local Plan. The level of harm posed by the retention of the marquee would be considered to adversely affect the countryside as it is considered an incongruous feature on the landscape that is highly visible contrary to Environment Policy 1 which seeks to protect the countryside for its own sake.
7.5 In terms of the third reason for refusal, that the development would increase footfall to a site not located within an existing settlement, that is not served well by public transport and is without footpaths and would therefore encourage car use contrary to sustainability policies; again, no further information has been provided to overcome this reason for refusal. Furthermore, the Programme for Government, its Active Transport Strategy and Climate Change policy, all recently adopted give weight to the importance of sustainable development.
7.6 In terms of the forth reason for refusal, that the surrounding road network and road junctions are inadequate and the proposal would lead to increased potential for conflict between cars and other road users, no evidence has been submitted to overcome this reason for refusal and the Inspector's conclusions in relation to this must remain the same.
7.7 Only in terms of the fifth reason for refusal, that the use of the marquee would give rise to unacceptable noise, does this proposal offer any real difference in that it proposes use for the ice skating rink only and not for other leisure uses or evening events. Even so, no information has been submitted with this application to demonstrate how noise impacts from the ice rink (which usually has amplified noise) would be mitigated to reduce the impact on neighbours. The introduction of a recreational element into this agricultural field, whether by vehicles parking or the use of the marquee for an activity, would inevitably generate an element of harm from noise, above the back ground noise levels.
8.1 The proposal is contrary to the Development Plan (the Strategic Plan and Local Plan), as well as other more recently adopted Government Strategies, for the same reasons as the previous application was refused.
9.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:
9.2 The decision maker must determine:
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 : …Refused.. Committee Meeting Date:…02.10.2017
Signed :……………J CHANCE………….. 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 See below
Application No. : 17/00915/B Applicant : Millstreams Ltd (Tynwald Mills IOM Ltd) Proposal : Erection of a marquee for a period of 60 days over the
Christmas period for use as an ice rink Site Address : Car Park Tynwald Mills Road St Johns Isle Of Man Presenting Officer : J CHANCE Addendum to the Officer’s Report
The Planning Committee refused the application, but accepted the officer's advice that for the avoidance of doubt the reason for refusal stated in the report be expanded to include in full the reasons for refusal at Appeal of the previous application (PA15/01276/B), with the wording "particularly for evening events" being omitted from reason number 5.
which is not served well by public transport and is without adequate footpaths. The development would therefore encourage increased car usage contrary to sustainability principles and Strategic Policy 10, Spatial Policy 2 and Community Policy 2 of the Isle of Man Strategic Plan 2016.
The use of the marquee proposed could result in unwarranted and unacceptably unneighbourly levels of noise in an otherwise quiet and rural location to the detriment of the living conditions of neighbouring properties, contrary to part (iii) of Environment Policy 22 of the Isle of Man Strategic Plan 2016.
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