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Application No.: 25/90278/C Applicant: Andrew Saunders Proposal: Temporary use of site for Manx produce food and drink market from May 21st to June 8th 2025 (12pm till 10pm daily) Site Address: Bottleneck Car Park Douglas Promenade Douglas Isle Of Man Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 30.04.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: The application has been approved as an exception to the Development Plan on the basis of need for the TT event only and for a one year period as proposed by the application.
Reason: In the interests of the residential amenity of the area and as the times indicated where those stated within the application submission and have been considered on this basis only.
This application has been recommended for approval for the following reason.
Overall, it is considered the proposal would be an acceptable temporary use for this year's TT race period and would have no significant adverse impact upon public or private amenity and complies with General Policy 2, Environment Policy 22 & 35, Transport Policy 7 of the IOM Strategic Plan 2016 and the Area Plan for the East 2020.
Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 18.03.2025.
Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No Objection Local Authority - No Objection Department of Enterprise - No Objection IOM Constabulary - No Objection
_________________________________________________________________ Officer’s Report
1.0 THE APPLICATION SITE - 1.1 The application site is located at Bottleneck Car Park, Loch Promenade, Douglas. It is situated just to the east side of Loch Promenade and northwest of the Sea Terminal. The site currently is used as a car park (86 spaces) operated/owned by Douglas Corporation.
2.0 THE PROPOSAL - 2.1 The application seeks planning approval for the temporary use of site for Manx produce food and drink market from May 21st to June 8th 2025 (12pm till 10pm daily). - 2.2 The proposal would include:
2.3 Once erected, in terms of operating the pub during the TT racing period, between the hours of 12noon till 10pm each day. - 2.4 The applicants have explained that the aims of objectives of the proposal are: "Aims
2.5 The applicants indicate that in terms of visitors to the site:
A collection of Manx product suppliers selling their own produce which has been created on the Isle of Man and by Manx based companies.
Some of these suppliers will hold their positions throughout the event overall, but we will also make available to smaller retailers, and other Manx crafters a collection of retail spaces that can be hired by the day, or for a short period of days throughout the event.
An entertainment area featuring a static stage and performance area will be created where Manx Entertainers will be encouraged to showcase their talents to the assembled audiences. This will focus not only on popular musical entertainment but will allow for all manners of Manx performance troops. We would hope to engage performers of all genres and age groups to be part of the event at appropriate times during the schedule.
There will be two licensed bar areas created within the event. One to be operated by Andrew Saunders of Turnstile Inns Ltd and the other by Ian Swindells of Foraging Vintners. Both of these bars will focus on offering Manx produce as a priority showcasing a wide range of Manx Beers, Wines, Spirits, Cocktails and other supplementary produce.
Children's Activity area will be incorporated with some children's entertainment and events spread throughout the event overall
We will endeavour to attract local charities to take part in the event daily to raise awareness of their causes and to raise money."
3.1 The is one previous planning applications on the site which is considered relevant in the determination of this application, which is below. However, it is clear and evident that the site has been used for a number of years for "Bushey's Beer Tent" since approximately year 2000. No applications where ever submitted for this site, for this use, albeit it is clear and undisputed such use/temporary buildings/music events have operated there during TT weeks. - 3.2 Creation of a temporary event space for the duration of the TT for a five year period to provide a marquee, stage, food, merchandise and toilet facilities with perimeter fencing 18/00283/B - APPROVED on 15.05.2018.
4.1 The Area Plan for the East designates the site as a "Mixed Use Proposal Areas - 2. The Promenade". The site is within a Conservation Area. - 4.2 The following policies in the Isle of Man Strategic Plan 2016 are considered relevant: - 4.3 General Policy 2 states; "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
4.4 Environment Policy 22 states: 'Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:
4.5 Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." - 4.6 Transport Policy 7 states: 'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.' - 4.7 Strategic Policy 4 states: "Proposals for development must:
Area Plan for the East 2020
4.8 Mixed Use Area 2 - The Promenade This area is characterised by tourist uses in the form of hotels, guest houses, food and drink uses, the seafront promenade and its associated gardens.
"Town Centre - Mixed Use Proposal 2 There will be a presumption in favour of retention, expansion and improvement of hotels and guest houses and ancillary food and drink uses. Proposals to enhance the public domain will be supported. Development which conflicts with these uses will generally not be supported."
4.9 Planning Policy Statement 1/01 - Conservation Of The Historic Environment Of The Isle Of Man Town and County Planning Act 1999 - 4.10 Section 10(4) of the Town and Country Planning Act states: "In dealing with an application for planning approval… the Department shall have regard to -
4.11 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".
5.1 Highway Services comment (26.03.2025); "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the site is in a sustainable location in Douglas with visitor parking available at multiple sites in the centre." - 5.2 Douglas City Council comment (11.04.2025; "The above planning application has now been considered by the Council and after careful consideration of the merits of the proposals I can now confirm that the Council supports the application." - 5.3 IOM Constabulary comments (31.03.2025); "Are you able to advise when a decision is likely? The site will have to be policing patrol plan for TT if approved, and planning is well underway!" - 5.4 Business IOM (DfE) comment (17.04.2025); "This comment has been provided by Officers from within the Business Agency and as such, should be considered as Officer comment only and, therefore, not the view or official position of the Business Agency Board, or political members of the Department for Enterprise. The following comments on the scheme proposals, are made in light of the Isle of Man Economic Strategy: November 2022, which strengthens Government's economic drivers to 'develop a strong and diverse economy' by "investing in our people, our economy, our Island and our public services to secure 5,000 new jobs and a £10bn economy with infrastructure that can support 100,000 Island residents over the next fifteen years, with appropriate incentives / disincentives to achieve targeted and sustainable population growth". We note that the site is allocated for Car Park on the Map 5 Douglas Town Centre Showing Mixed Use Proposal Areas within the Area Plan for the East which came into operation in September 2020. Business Isle of Man Programme 2025 states; "In 2024 Business Isle of Man worked with many of the Island's renowned food and drink producers, to hold events both in the UK and locally. Additionally, Business Isle of Man partnered with the Department for Environment Food and Agriculture (DEFA) to support businesses to achieve SALSA (Food Safety Certificate Scheme) Accreditation enabling them to continue supplying local and national retailers. In 2025 we will progress towards completing the transition of local Food & Drink production (past the farm gate) to Business Isle of Man. This will entail taking responsibility for business development and local food & drink marketing and events".
As the application does not contain economic information, or detail around specific retailers, it is difficult to provide meaningful comment in respect of those aspects of the proposals. However, it aligns with the Agency's KPIs for promoting the food and drink industry via the Domestic Event Fund. The event supports the town centre, potentially boosting the local economy and enhancing the TT proposition, with its daytime schedule offering a unique addition to concurrent local events. In so doing, the proposals can be considered to meet the Agency's objective to maximise the potential of the Isle of Man's high quality and distinctive produce by strengthening the brand values of Manx food and drink, stimulating investment, and building business confidence. I am grateful for this opportunity to offer the Business Agency's support for this scheme and trust you find our comments of use."
6.1 In terms of the material planning consideration it is considered the following are relevant in the determination of the application: principle of development; the potential impact upon neighbouring residential amenities; potential impact upon visual amenities of the area/Conservation Area; and access and parking. Principle of development - 6.2 Firstly, as indicated previously the site is designated as mixed use, and therefore a temporary use of the site as proposed would not be contrary to this last use designated. - 6.3 It should also be acknowledged that for a number of years (albeit ceased in the last few years) was one of the main associated features of the TT races i.e. Bushys Beer tent. While this operation has now moved to the Villa Marina Gardens, the use of the site for non-parking uses on a short temporary basis has been accepted previously and with the previously approval (18/00283/B) for another operator to use the site during TT periods in 2018 for a five year period (expired 2022). This was not implemented however. - 6.4 It is considered while the loss of the car park would occur during the erecting/dismantling and operational stages it is considered the overall benefits of the site outweigh the loss of the car park for a temporary period. Furthermore, members of the public are well aware of the use of this site for the proposed purposes and make alternative arrangement for parking. No objections have been received. - 6.5 Overall, it is considered the principle of the development is acceptable. The potential impact upon neighbouring residential amenities - 6.6 The nearest residential neighbours are believed to be opposite the site above "La Pizza" restaurant within the Peveril Buildings, approximately 30+ metres to the west. It is considered there will be disturbances to these neighbouring properties compared to the site being used as a car park; however, no objections have been received and historically this site and the immediate highway (promenade) has been used to hold events during the TT period for a number of years. Therefore, while there is a potential impact, it is likely residents are aware of the general disturbances when they chose to occupy the site. It is noted the site will be closed at 2200hrs each night and this should be conditioned. Potential impact upon visual amenities of the area/Conservation Area - 6.7 The fact the building is a temporary building for a temporary use, limits what type of building can be on this site. Certainly, should this current proposal be for a permeant building on the site, the Department would be seeking a building of greater architectural design and merit. However, given its use and appearance are temporary features during the TT only, it is considered acceptable. It is also noted that the car park by its very nature does not added to the character or quality of the Conservation Area.
6.8 Considering the Prior to the Conservation Area statutory test as referenced in policy section of this report on whether the proposal would preserve or enhance the Conservation Area (similar consideration to Environment Policy 35), it is difficult to argue that the architectural design of the scheme would be an enhancement to the Conservation Area. It is not. However, for the reasons indicate above in paragraph 6.7, the temporary nature of the use are such that it is considered the benefits outweigh (namely those outlined in DfE response and aims of the applicants) the limited period of time the proposal is in place. Accordingly, while strictly speaking contrary to Environment Policy 35 and Section 18(4), in this case and for the limited temporary period it is considered the impact is acceptable. - 6.9 It should also be noted that there a other temporary features/structures along the promenade which have a far greater visual impact upon the Conservation Area namely the fair attractions which are generally in place throughout the TT period. Accordingly, temporary structures along the Promenade are not usual during the TT period and arguably, without them the TT racing events would not be as successful for visitors or residents of the IOM. Access and parking - 6.10 The proposed complex would utilise existing parking found within Douglas. Further, a large number of visitors to the site either use public transport to the site (within a few minutes' walk of the Douglas bus station which has transport link throughout the IOM) or close to a number of hotels/B&B's/residential properties within Douglas which are all within easy walking distance.
7.1 Overall, it is considered the proposal would be an acceptable temporary use for this year's TT race period and would have no significant adverse impacts upon public or private amenities and comply with General Policy 2, Environment Policy 22 & 35, Transport Policy 7 of the IOM Strategic Plan 2016 and the Area Plan for the East 2020. - 7.2 For the reasons given it is recommended that the application should be approved subject to the conditions listed.
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:
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):
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.
8.3 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 Interested Person Status.
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 : 30.04.2025 Determining Officer
Signed : S BUTLER Stephen Butler Head of Development Management
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