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Application No.: 16/01367/C Applicant: Mr Andrew Clague Proposal: Change of use of field to campsite Site Address: Ballakaighen Farm Whitebridge Road Onchan Isle of Man IM4 6AD Case Officer : Mr Chris Balmer Photo Taken: 09.01.2017 Site Visit: 09.01.2017 Expected Decision Level: Planning Committee
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. To the immediate north of the farm complex is Field 531402 which is a relatively flat parcel of land and has planning permission to be used as a campsite. The currently application mainly relates to a parcel of land which is to the immediate east of the existing laser/fun barn buildings and the marquee building. The site is initially flat in nature, albeit approximately half the site is sloping in nature and runs downwards towards the MER railway line and King Edward Road.
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 change of use of part of a field within the application site to a campsite. The campsite would utilise the existing car park and access associated with Ballakaighen Farm. The applicant hopes that such groups as Scouts, Guides and other such organisations, both local and visitors will benefit from a campsite of this nature in such an accessible location.
2.2 Part of the scheme following negotiations with the department and applicant, include a substantial amount of landscaping to the sloping part of the site to the east and south of the camp site area. This would include a mixture of semi-mature and sapling tree planting as well as a mixture of hedgerow/bushes. This would complement the existing planting found along the roadside boundary of the site and within the surrounding area/fields.
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
4.1 Onchan District Commissioners recommend that the planning application be approved (received on 11.01.2017).
4.2 The Department of Infrastructure Highways Services do not oppose the application (received on 06.01.2017) making the following comments: "The proposal is to create a campsite on a field adjacent to a farm that has several leisure facilities on site.
The access will be via a lit farm track that has been upgraded to accommodate 2-way vehicular and pedestrian traffic, there is a large car park on site.
Highway Services does not oppose this application."
4.3 The Arboricultural Officer (DEFA) made the following initial comments (1st February 2017): "No proper assessment of the site constraints seems to have been made. This is quite an exposed site so getting trees to establish here could be tricky. The size of the trees to be planted is not stated. If you want an effective screen when viewed from King Edward Road there are really only two options:
Note that neither option includes 20m spacing which in my opinion would just look odd in the landscape, as even heavy standards (~4m tall) would look lost. Option 1 is likely to be more cost effective, being cheaper overall to implement and standing a better chance of successfully establishing enough trees/trees big enough to soften the proposed and existing visual appearance of the site in the shortest amount of time. You should know that it may be many years before the site is completely screened off - there is no quick fix here.
Regarding tree species choices, those quoted would suit the site but the applicant may struggle to get hold of ash locally and it is currently illegal to import it. I would replace ash with aspen and add a longer living species in to the mix such as oak (Quercus petraea or Quercus cerris). In relation to shrubs a native mix would be more appropriate in such a rural location. I recommend blackthorn (Prunus spinosa), hawthorn (Crataegus monogyna), dog rose (Rosa Canina) and elder (Sambucus nigra).
Post planting maintenance will also be key. As this is improved grassland, competition from grass and other weeds is likely to be fierce in the first few years. If this is not managed it will hamper the success of any tree/shrub planting that occurs."
4.4 However, following the amended landscaping details and discussion with the applicants the Arboricultural Officer makes the following comments (12th April 2017): - 4.5 The owners/occupiers of Highfield, Bibaloe Beg Road, Onchan make the following summarised comments (23rd January 2017, 22nd January 2017 & 13th March 2017); concerns of yellow notice only being displayed late; comment on previous application for the marquee being refused by the Inspector but his decision being overturn by the Deputy Minister and since then there have been a number of occasions when the conditions attached have been abused (late removal of marquee, over running of events and loud music); the intensified use of the site which have a cumulative effect which has nosie pollution impacts to nearby residents; question what point will the planning department take the view that the site is being over intensively used; in terms of current application if it is approved conditions show be attached to limit the number of tents; require toilets and showing areas being more permanent and not temporary; and other general management constricts to ensure bin provision, no open fires and measures in place to prevent loud music and general disturbances; noted the submission indicates that there were no reported issues with traffic, noise or nuisance, but we attached a letter we sent to the applicant which raises concerns of loud music associated with the marquee; we have also contacted the manager of Environmental Health (DEFA) and the police on one occasion due to noise levels; agree with the Arboricultural Officer that using 20 to 50 cm ships will take many years to provide effective screening; and perhaps another option is to transplant trees to the site. - 4.6 The owner/occupier of Highcroft, Ballavitchel Road, Crosby writes to support the proposed camp site in Onchan and on the Fun Farm (9th January 2017).
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:
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:
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."
6.1 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 16/01129/C) has already been granted for the use of part of Field 531402 for camping during TT Festival fortnight, May/June, and Festival of Motorcycling fortnight, August/September only. This new application would seek an additional field to be used as a campsite throughout the year.
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. POTENTIAL VISUAL IMPACT UPON THE COUNTRYSIDE - 6.4 With regards to the potential visual impact upon the countryside, the proposed campsite will not be especially apparent from public views when travelling in either direction along Whitebridge Road, due to the topography of the site and area and existing field boundary landscaping. Furthermore, no built development is required to enable the campsite to operate as the site already has toilet/shower facilities and car parks. - 6.5 The area where the campsite would be apparent would be to the east of the site when travelling towards and past the site from the Kind Edward Road. Currently, the sloping section of the site (where proposed landscaping would be mainly planted) is most apparent, with the flatter section less so. The issue will be that once any tents are pitched, these will likely be publicly visible from the King Edward Road given their height, especially immediately passing the site to the east. Accordingly, the department sought the applicant provide a landscaping plan to try to mitigate the visual impact of the development.
6.6 Overall, it is considered with an appropriate landscaping scheme being agreed together with the existing landscaping already in place in the surrounding area, this would result in the appearance of the site not having an adverse visual impact to the countryside. POTENTIAL IMPACTS UPON NEIGHBOURING AMENITIES - 6.7 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 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". - 6.8 As stated with the previous campsite applications, 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 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 own 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 to this. It is acknowledged concern of noise from the use of the marquee has been raised by the occupants of Highfield, Bibaloe Beg Road who live approximately 500 metres from the site; however, none relating to the use of the existing campsite and it is considered the considerable distance between the proposed campsite and the property of Highfield is such that there would be no significant impacts resulting from the campsite use, to warrant a refusal on this ground. - 6.9 It could be argued that having a new camping area immediately next to the marquee building and therefore increasing the number of noise receptors on site (i.e. people camping), would result and require a greater level of control and compliance of conditions relating to noise levels of the marquee building by the applicant, to ensure there are no complaints from persons camping at the site are made, as well as nearby residents. - 6.10 Overall, it is considered acceptable from this respect. POTENTIAL IMPACTS ON HIGHWAY SAFETY - 6.11 Highway Services has considered the application and has no concerns. Accordingly, given there being no objection to this proposal it is considered the scheme from this respect to be acceptable.
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. Furthermore, it is also noted that in terms of the use of part of the overall site as a campsite, it is in a fairly sustainable location for a campsite, having public transport links (bus stop) at the entrance to the site, walkable distance to Onchan Village & Liverpool Arms public house and as campers being able to utilise existing facilities within the site; which is compared to creating a new campsite elsewhere, which then also requires all the associated building (toilets/shower blocks/canteens etc), car parks and accesses.
7.23 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:
Department of Environment, Food and Agriculture (Arboricultural Officer ) are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.
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.
In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
The owner/occupier of Highcroft, Ballavitchel Road, Crosby The owners/occupiers of Highfield, Bibaloe Beg Road, Onchan Recommendation Recommended Decision: Permitted Date of Recommendation: 12.04.2017 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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.
This approval relates to the submitted documents and drawing reference number P01 received on 13th December 2016 and P01 Rev REV B 21st February 2017.
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: 24.04.2017
Signed : C Balmer. 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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