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24/91167/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91167/B Applicant : Colby AFC Proposal : Variation of condition 8 PA 09/00340/B - to extend the hours that the Astroturf training pitch floodlights can be on to 10pm (2200hrs). Site Address : Colby AFC Clubhouse Main Road Colby Isle Of Man IM9 4LR
Planning Officer: Lucy Kinrade Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 08.01.2025 __
Conditions and Notes for Approval C : Conditions for approval 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. The floodlighting for the astro may not be operated after 2200hrs or before 1500hrs on any day.
Reason: In the interest of visual and neighbouring amenity of the site and surrounding area.
C 3. This application relates to the extension of time to the illumination of the floodlights only.
Reason: the application has been submitted with details and plans for other parts and buildings on the site which do not relate to this application and have been superceded since 09/00340/B by other applications. This application is for floodlight illumination hours only.
This application has been recommended for approval for the following reason. The proposal to vary the original floodlight condition to allow an extension of time for the illumination of the astroturf floodlights from 2100hrs to 2200hrs allowing potential extended use is considered to contribute to those strategies and planning policies working towards improving health, well-being and sports facilities for the Island's community, and without resulting in any significant adverse harm to visual or neighbouring amenity impacts on the site, immediate surroundings or wider rural landscape in line with General Policy 2, Environment
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Policy 22 and Chapter 8 of the Isle of Man Strategic Plan 2016. A suitably worded condition in respect of the timing of illumination is added accordingly.
Plans/Drawings/Information;
All date received 28/10/2024 and validated 29/10/2024
o Additional Information re: astro bookings and need for extension of light times etc
o Email from applicant and 3 x maps email date received 16/12/2024 __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: o Local Authority, o Department of Infrastructure Highway Services As they both had no objections.
It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal because: o 43 Station Park, Colby, Isle of Man Their objection identifies land that is owned or occupied by the objector that would be impacted on, but such land is not within 20 metres of the site (and no Environmental Impact assessment is required) (A10(2)(b)) __
Officer’s Report
1.0 THE SITE 1.1 The application site relates to the Colby AFC sports facility in Colby, specifically the astro pitch and its floodlights.
2.0 THE PROPOSAL 2.1 The current application seeks approval for a variation of a condition from the original 09/00340/B approval to allow the AstroTurf floodlights to stay on for an extra hour from until 10pm.
2.2 The existing 6 floodlights are approved for use between 1500 hrs and 2100 hrs.
2.3 Additional information was submitted by the applicant setting out further explanation as to the need for the extension of time. This included information as to the current astro bookings between Mon-Sun and the limited 'spare slots'. The additional time would allow for a 1.5 hour or 2 hour slots after the current bookings are finished and more flexibility throughout the week. They are looking to re-introduce an U18's and Ladies team which would also require slots during the week. They are hoping that booking demands will increase, but should the pitch not be in use then the lights won't be on due to the cost of their operation. They feel that
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the comments by the objector are aimed more so at activities at the clubhouse rather than noise and activity at the astro pitch. They feel that an extension to 10pm is a sensible time to crease any outdoor sporting related activity and would be suitable to help meet periods of greatest demand. The facility benefits its club as well as wider community and meaning more people are participating in physical activity. The increased usage will also help the club to finance the upkeep of the facility the loss of which would be felt by many players and clubs across the Island.
3.0 PLANNING HISTORY 3.1 There have been a number of applications on the site, relating to the original approval, subsequent changes to the design of the clubhouse and several relating to lighting and illumination of the car park and access route into the site.
3.2 The most relevant in this case relates to the original approval 09/00340/B and the floodlighting Condition 8, but it would also be necessary to understand the outcomes of other clubhouse and lighting schemes at the site under 10/01871/B (clubhouse) and 11/01781/B (lighting).
o PA 09/00340/B - creation of football ground with associated facilities to include clubhouse, parking, tractor shed, drainage systems, landscaping, lighting and fencing, including new vehicular access with entrance from Main Road and controlled railway barrier crossing
Condition 8. The proposed floodlighting may not be operated after 2100hrs or before 1500hrs on any day. The remaining lighting on the site and along the access must be extinguished when the premises are not in active use.
o PA 10/01871/B - creation of club house and associated car parking comprising amendments to PA 09/00340B
Condition 5. Except as provided by condition 6 blow, the clubhouse shall be closed and no person inside the clubhouse building, except for security or anti-crime purposes, outside the house of 0730 - 2245 on Sundays to Thursdays, and 0730-2345 on Fridays and Saturdays. No person other than a person authorised by the Department to carry out site inspections for enforcement purposes, shall be within the application site outside of the hours of 0730-2255 on Sundays to Thursdays or 0730-2355 on Fridays and Saturdays.
Condition 6. The Department may, on written application by Colby AFC Limited, approve a variation of the hours specified in condition 5 above on no more than 6 occasions in any calendar year: such variation shall not in any instance permit people to be within the clubhouse between 0100 - 0730 hours or within the application site between 0110 and 0730 hours.
o PA 11/01781/B for lighting Scheme for the access road to new clubhouse and sports pitches
Condition 2. This approval relates to the lighting scheme for the access road to new clubhouse and sports pitches as proposed in the submitted documents and drawings 1220-52 A and 1220- 53 received 29th December 2011 and 19 September 2012.
Condition 3. Except as otherwise authorised in writing by the department under the terms of Condition 6 attached PA 10/01871/B, the lighting mat be in use only between the hours of 1500 and 2300 Sundays to Thursdays and 1500 to midnight on Fridays and Saturdays.
3.3 Other applications considered relevant are: o 05/00750/B Erection of six floodlight columns at Ballacloan, Ramsey - approved until 2200hrs
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o 12/00221/B Erection of floodlights, Vagabonds Rugby Club, Ballafletcher - approved until 9pm (applicants only asked until 2100hrs) o 13/00317/B Erection of floodlight at Ramsey Rugby Club, Mooragh Promenade - approved until 9pm (applicants only asked until 2100hrs) o 13/91089/B Erection of floodlights, Ramsey Tennis Courts - approved until 2230hrs (duplication of a previous approval 2011) o 16/00080/B Erection of four floodlight columns at Marown Bowling Club - approved until 2200hrs (applicants asked for 2200hrs)
4.0 DEVELOPMENT PLAN POLICIES 4.1 The application site is within an area zoned as Open Space Playing Field (Site 15) as identified on the Area Plan for the South 2013. There is some recognised surface water risk along the access route but the synthetic pitch is outside of this.
4.2 The APS2013 contains the following sections and policies considered relevant: o Chapter 8 - Sports, Recreation, Open Space and Community Facilities o 8.8.6 Colby Football Club has relocated from its former site off the Glen Road. Planning Approval was granted for new pitches and training facilities (Site 15) and the redevelopment of the Glen Road site for housing. The development of the new pitches, training facilities and clubhouse has now been completed and the facility is fully operational. o Recreation Proposal 1: It is proposed that Site 15 south of the railway lines in Colby is designated as Open Space (Playing Fields). The development must be carried out in line with the detailed planning approval which will cover such matters as access.
4.3 The IOM Strategic Plan 2016 relevant parts and policies: o General Policy 2 - general development standards o Environment Policy 22 - environmental matters such as noise, smell and light pollution o Paragraph 7.17.2 - In addition to the above, changes in the activities associated with the current permitted use of land or a building, which in themselves do not constitute development and therefore do not require planning permission, can have an adverse impact on adjacent properties by virtue of noise, light or general disturbance. For example the addition of security lighting on a property may cause light pollution affecting adjacent properties and the wider area. The introduction of new activities into established parks and recreation areas can have an impact on neighbours. In such cases the Department would advocate the person or organisation considering the change to give careful consideration to the potential impact of such activity in terms of location, siting and design.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Arbory and Rushen Commissioners - in support (05/12/2024).
5.2 DOI Highways Division - no highways interest (01/11/2024) no significant negative impact upon highway safety, network functionality and/or parking.
5.3 The owner of 43 Station Park, Colby - Objection 30/10/2024 o Noise from the site is overwhelming at times and shouting heard from within properties even with windows closed o vehicle movements after 9 already causes noise pollution especially with drivers honking their horns & revving there engines o Impacting sleep for many residents including elderly people as well as children o Lastly, light pollution from the training ground, with lights frequently left on all night o People staying later to train causing disturbances. o There have been incidents where the police have been called.
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6.0 ASSESSMENT 6.1 This application seeks approval for an extension of time that the astroturf floodlights can be on, extending the time by 1 hour from 2100hrs to 2200hrs. Determination of applications such as this can be difficult and often there needs to be a balance struck in the needs of both the applicant and the amenity of the area (village ad rural setting, and residential amenity). While the applicant might require the lighting to help facilitate the operation of the sports facility, the other seeks the quiet and peaceful enjoyment of the semi- rural setting and the enjoyment of their own homes.
6.2 The key matters to consider are; o whether there are any potential visual impacts from the extended lighting time on the neighbours and the surrounding rural area, and o whether the 1 hour extension would result in any associated activity at the site which may or may not adversely impact on the neighbours or the surrounding area.
6.3 General Background and History of the Site 6.3.1 These types of floodlight columns are often found across many of the Islands sports facilities and allow for the use of the pitches all year round. The existing 6 x 15m tall lighting columns in this case have already been approved for their use and illumination between 1500hrs and 2100hrs.
6.4 The Inspector for the original 09/00340/B application recognised the adverse visual impacts of the entire sports facility having adverse effect on the rural character not only due to the built development and hard surfacing, but also due to other features like lighting, and the 15 metre high lighting columns would be a particularly intrusive feature, both during day time and even more so when floodlit during darkness. They felt that a location for the whole facility on other open land north of the railway would obtrude less, but that they had to consider the application on its own merits and mindful that an approval in principle had already been approved on this site. The applicant had appealed in order to try extend the clubhouse opening hours and to have other site lighting (not the floodlights) on for longer. The hours of floodlights were not challenged or consider for any change. The Inspector considered the key matters for the clubhouse and other site lighting being the effect on neighbouring amenity and potential disturbance from comings and goings of people and vehicles to the site particularly during late evenings or at night including headlights from vehicles. The appeal was concluded to allow the clubhouse to open later and site lighting and along the access (not floodlights) extinguished when the premises was not in active use.
6.5 The sports facility has been operating for a considerable number years now and is well established. The clubhouse building has an approved use up to 2245hrs Sunday to Thursday, and up to 2345hrs on Friday and Saturdays. The wider site and access lane has 'bollard' style lighting the details of which were approved under 11/01871/B and for illumination up until 2300hrs Sundays to Thursdays and up to midnight 0000hrs on Fridays and Saturdays.
6.6 Visual Impact on Neighbours and Surrounding Area 6.6.1 It is clear that there's already an accepted and established level of activity at the pitch, site and clubhouse, and this activity includes playing of sports, use of the clubhouse facilities and associated comings and goings of vehicles connected with those activities.
6.6.2 The proposal to illuminate the astroturf pitch for an extra hour would naturally open more opportunities for the club to allow increased day to day usage and this having potential to contribute to health and wellbeing of the wider community. There is no doubt that an extension of the floodlighting times by a further 60 minutes would elongate the level of lighting at the site and in this semi-rural location on the cusp of the village, this increased length of time for the illumination would be most recognisable to the immediate neighbouring estate and surrounding properties, but also to those passing the site along the road, although for road users it is not considered to be of any distracting or adverse impact to warrant any concern.
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6.6.3 The floodlighting details provided show that the lighting is tasked lighting to the astro pitch limiting unwarranted or unnecessary light spill outside of the site. The elongated illumination up until 2200hrs is likely to be more noticeable in the winter months when there's a naturally higher demand for artificial lighting compared to summer months. The overall addition of 60minutes lighting is not considered to be so unreasonable given the existing illumination levels up to 2100hrs and the lighting not going to be a new feature but an extension of an existing one, minded that 2200hrs is not considered to be such an unreasonable or unsocial hour and factoring in the established nature of the existing sports facility.
6.6.4 While each application is to be considered on its own basis and merit, some thought has also been given to other established sports facilities and their 'turn off' times as listed in section 3.0 of this report as to understand and deliberate some reasonable consistency across the Island and 2200 hours would not be outside of those.
6.6.5 In terms of local habitats, the site is surrounded on three sides by open countryside and in a rural positon; again there is already an established night-time illumination up until 2100hrs and with potential general site activity until much later into the evenings. The additional 60 minutes illumination of the astro is not considered so unacceptable as to result in any significant increased harm to any habitats in this case beyond the existing situation, the lighting is not new but an extension of an existing facility where there is already some degree of impact and expectancy.
6.7 Activity Impact on Neighbours and Surrounding Area 6.7.1 As it stands there is no condition preventing general use of the sports pitches and so this is generally governed by the need for and timing of artificial lighting. The additional 60 minutes of lighting to the astroturf will allow for additional use of that pitch should it be required. This use would likely have associated coming and goings associated with it, whether by an extension of the current last session of the day, or coming and goings of a 2100-2200hrs slot, either way this coming and going of people after the 2200hrs 'lights off' having potential to impact on neighbouring amenity through people, vehicular movements and vehicular headlights. The clubhouse itself already has approval for use up to 2245hrs (Sun-Thurs) or 2345 (Fri-Sat) and so a level of activity already is already allowed for and expected at the site.
6.7.2 The additional use of the pitch for sports may be more popular mid-week, while clubhouse use may be more popular at weekends, either way the site has a level of established activity since its original development and occupation. Most reasonable persons are expected to act responsibly arriving and departing in a respectful and sensible manner, however there is always potential for persons to act irresponsibly as outlined in the objectors comments. At that hour, most persons whom may have trained on the pitch until 2200hrs might be keen to get home, but some may also choose to socialise in the clubhouse before going home. The level of activity associated to the potential additional 60minutes of lighting at the astropitch is not considered to adversely or harmfully increase the level of activity at the overall site to a degree which would be considered to unacceptably harm neighbouring amenity beyond the existing situation. The proposal is considered to have an acceptable amenity impact in this case.
7.0 CONCLUSION 7.1 The proposal to vary the original floodlight condition to allow an extension of time for the illumination of the astroturf floodlights from 2100hrs to 2200hrs allowing potential extended use is considered to contribute to those strategies and planning policies working towards improving health, well-being and sports facilities for the Island's community, and without resulting in any significant adverse harm to visual or neighbouring amenity impacts on the site, immediate surroundings or wider rural landscape in line with General Policy 2, Environment Policy 22 and Chapter 8 of the Isle of Man Strategic Plan 2016. A suitably worded condition in respect of the timing of illumination should be added accordingly.
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7.2 The distance measure on the submitted location plan was 20.80m, and so further clarification was sought from the applicant and three bigger scaled plans provided by email. On cross referencing the emailed plans, the original submitted plan, Uniform and online mapping system and measuring the distance between the rear boundary of the objector and the boundary for the red line of the site remains in excess of 20m and so Right to Appeal has not been granted to the objector in this case.
7.3 The application does not meet any of the criteria as set out in the Planning Committee Standing Orders 2024_01 to be considered by Planning Committee. The proposal is on land designated as 'playing fields', no objections from the local authority, only one objection from a neighbour and not being requested by a Committee Member to be heard, nor by any Director, Head of Development Management or Principal Officer.
8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
8.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
8.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal. __
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status, and/or rights to appeal.
Decision Made : Permitted Date : 08.01.2025
Determining Officer Signed : S BUTLER
Stephen Butler
Head of Development Management Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.
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