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PLANNING OFFICER REPORT AND RECOMMENDATIONS

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 Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 30.04.2025 __

Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions

C 1. The temporary building/s hereby approved on this site shall not be in situ before the 21st May 2025 and shall be removed from the site by the 11th June 2025. The use hereby approved shall not be in operation and open to member of the public before the 24th May 2025 or after the 8th June 2025.

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.

C 2. No customers shall be served or remain in the site outside the following hours;

Monday to Sunday 1200noon to 2200hrs

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.

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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: o Covered area and bar within a marquee building (30m x 15m) with a maximum capacity of 200 - subject to fire service certificate; o 3m x 3m gazebos for producers stalls; o Haraas fencing around boundaries of the site; o Portable toilet units (10m x 2m); o Bar (12m x 6m); and o Food trailers/trucks locate don plots of 6m x 5m. o

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 o To provide an opportunity for producers to raise awareness of their products and encourage future sales o To encourage Festival visitors to support Manx companies, try Manx specialities, enjoy Manx Entertainers and buy Manx Products o To contribute to a culture where local food and drink is regarded as part and parcel of the Island's national identity and the T.T. festival

Objectives o Attracting at least 1000 possible Manx produce purchasers daily to the event o Ensuring that as many Manx Products and Producers have access to local and visiting consumers o Raising the profile of many Manx products and finding new markets. o Raising perceptions of the quality of Manx produce, our hospitality offerings, and our overall product ranges. o Increasing the levels of people aware of and regularly purchasing Manx products. o Gathering feedback from consumers on the changes to their perception of Manx Products o Gathering feedback from businesses on increased exposure and sales for their Manx produce."

2.5 The applicants indicate that in terms of visitors to the site:

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"This would suggest that at an absolute maximum attendance we could expect visitors of up to 8000 per day spread over the 10 hours of operation, given the size of the footprint and the nature of the event we would suggest that a capacity of around 2600 would be more than adequate for the Event. We envisage it unlikely to have more than 1000 people on site at any particular time."

2.6 The applicants submission also indicates; "A selection of Manx Food and Beverage suppliers offering a range of Manx based offerings using quality produce to promote the Manx Menu and local specialities.

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."

3.0 PLANNING HISTORY 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.

4.0 PLANNING POLICY 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: (a) is in accordance with the design brief in the Area Plan where there is such a brief;

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(b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption.'

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: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution.'

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: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings (1), Conservation Areas (2), buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance."

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."

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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 - (a) The provisions of the development plan, so far as material to the application, (b) Any relevant statement of planning policy under section 3; (c) Such other considerations as may be specified for the purpose of this subsection in a development order or a development procedure order, so far as material to the application; and (d) All other material considerations."

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".

5.0 REPRESENTATIONS 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".

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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."

6.0 ASSESSMENT 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.

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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.

7.0 CONCLUSION 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.

8.0 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.

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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.

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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

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.