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PLANNING OFFICER REPORT AND RECOMMENDATIONS Application No. : Applicant: Proposal: 14/00242/C Mr Andrew Clague Erection of a temporary camping area with associated parking, fencing and welfare facilities to operate during the TT Festival fortnight (May/June 2014 and 2015) and Festival of Motorcycling fortnight (August/September 2014 and 2015) Part Field 531402 Ballakaighen Farm Whitebridge Road Onchan Isle Of Man IM4 6AD Site Address: Case Officer: Photo Taken : Site Visit: Expected Decision Level : Mr Chris Balmer 18.03.2014 18.03.2014 Planning Committee Officer's Report THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT. 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'. 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. 1.2 To the immediate north of the farm complex is Field 531402 which is relatively flat parcel of land. The application currently under consideration relates to part if this field. 1.3 1,4 Directly opposite the entrance to the site is the residential property Sunnyside. 1,4 The applicant also owns the residential property Badakaighen House which is directly to the north of the application site (approximately 220 metres) along Whitebridge Road, 2,0 PROPOSAL The application seeks approval for the erection of a temporary camping area with associated parking, fencing and welfare facilities to operate during the TT Festival fortnight (May/June 2014 and 2015) and Festival of Motorcycling fortnight (August/September 2014 and 2015). 2.1 The proposed campsite would be located within part of Field 531402. The submission proposes a total of approximately 50 pitches. A temporary shower and toilet blocks would be sited to the edge of the existing farm complex, near to the "Fun Barn" building. The existing 2.2 16 June 2014 14/00242/C Page 1 of 8

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car park would be utilised for the parking of bikes and other vehicles. No alterations, including tracks, are proposed to be made to the existing field. 3,0 PLANNING HISTORY 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, 3,1 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. 3,2 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. 3.3 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, with the appeal refusal decision issued on the 24th July 2007. 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. 3.5 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. 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. 3,7 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. 3.8 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 Authority and recommended for a 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 on the 17th February 2011. 14/00242/C Page 2 of 8 16 June 2014

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3.10 Planning application 10/01728/D sought planning approval for erection of entrance signage at Ballakaighen Farm, Whitebridge Road, Onchan. This application was approved on the 13th January 2011. Planning application 11/00459/C sought planning approval for additional use of 3.11 agricultural land for recreational activities, extension to car park and formation of zorbing tracks at Ballakaighen Farm, Whitebridge Road, Onchan. This application was approved on the 12th June 2012. 3.12 Planning application 14/00223/C sought planning approval for variation of conditions 4 and 5 of PA 10/00838/B concerning the hours and frequency of use of seasonal marquee at Ballakaighen Farm, Whitebridge Road, Onchan. This application is currently under consideration. 4.0 REPRESENTATIONS 4.1 Onchan District Commissioners recommend that the planning application be approved. The Department of Infrastructure Highways Services do not oppose the application. 4.2 4.3 The Department of Economic Development - Tourism Division - have supported the application which can be summarised as: demand for visitor accommodation during the TT festival outstrips supply with many full time accommodation providers and TT campsites already reporting that they are fully booked for TT up to 3 years in advance; the encouragement of temporary TT visitors accommodations supports the current Visitor Economy Strategy (2012-2015) which contains a key performance Indicator for the Quality 81 Service team to facilitate new temporary accommodation during high demand periods; Although It may be rather late to promote the facility for the TT festival, indicators are that visitor numbers are up significantly for the Festival of Motorcycling and the survey conducted last year shows that over a third of visitors chose to stay on campsites during the event; the availability of additional accommodation during this event is far less than during TT as many of the football clubs and the "Snoozebox" temporary hotel are not operational at this time; and in conclusion the Isle of Man Tourism, Department of Economic Development fully supports the above planning application. The Manx Utilities Authority makes no comments on the merits of the application but ask for an informative note be attached to any approval. 4.4 The owner and/or occupant of Sunnyside, which is located opposite the entrance to the application site objects to the planning application. The grounds for their objection can be summarised as; camping facility is unnecessary and that current capacity of campsites throughout the Island meets the demand; highway safety concerns given the number of bikes coming and going from the site; not appropriate in attract large number of motorcyclists to a site where there are many children during school holidays; person will be waiting for buses mainly in the evenings which will cause disturbance to my property; bus stop is not readily visible to drivers of other vehicles; persons coming back to site during unsociable times whether by bike, bus or taxi or walking back from the local pub the Liverpool Arms will create a great deal of noise; motorcyclists leaving the site early will cause disturbances; and BBQs and parties on the campsite could occur. 4,5 PLANNING POLICY 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. 5.0 5.1 14/00242/c 16 June 2014 Page 3 of 8

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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: 5.2 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: essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); location-dependent development in connection with the working of minerals or the provision of necessary services; building and engineering operations which are essential for the conduct of agriculture 5.3 (a) (b) (c) (d) (e) (f) or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage." 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," 5.4 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: pollution of sea, surface water or groundwater; emissions of airborne pollutants; and vibration, odour, noise or light pollution." 5.5 i) ii) iii) 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." 5.6 ASSESSMENT 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. 6.0 6.1 It is noted that the submission seeks temporary approval for "TT" (May/June 2014 and 2015) and "Festival of Motorcycling fortnight" (August/September 2014 and 2015) Practice and Race weeks only. This would equate to approximately a total of 4 weeks per year. No camping would take place outside these weeks. 6.2 The main consideration relates to the potential visual impacts upon the countryside, potential impacts upon neighbouring amenities and potential impacts highway safety. 6.3 14/00242/C Page 4 of 8 16 June 2014

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With regards to the potential visual impacts upon the countryside, the proposed campsite will be apparent from public view when travelling in either direction along Whitebridge Road. Due to the topography of the site and area the campsite would not be especially apparent from wider or distant views. The fact the proposal is temporary in nature and given no new built development on the site is proposed i.e. tracks/areas of hard standing, electricity connections; it is not considered the proposed development would have significant impacts upon the visual amenities of the countryside. Furthermore, from the Department of Economic Development - Tourism Division comments, there is a clear need for this type of temporary accommodation to facility growth of the two motor events and the tourist economy. 6.4 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 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 (including cars and bikes), 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". 6,5 The planning system cannot control how the site is managed, nor can if control how people behave or times person come and go from the site. In respect of this planning approval would to an extent have to be given on good faith that person using the campsite consider nearby residents and other person staying at the campsite, 6.6 Planning application 14/00223/C, which is currently under consideration, seeks approval for the marquee building to be used up to midnight during the TT and Festival of Motorcycling. It is presumed as the marquee has an alcohol licence that persons from the campsite would be able to utilise this facility. This in some respects, being the furthest building on the site from "Sunnyside", would unlike result in persons causing a significant impact upon the amenities of "Sunnyside" give this distance. Accordingly, given that most congregational and social activities are likely to take place in and around the marquee, this relationship is considered acceptable. It is accepted that there might be noise and disturbance from patrons of the site walking perhaps to the bus stops or the Liverpool Arms pub. There will also be some noise from traffic and particularly from motorcyclists who are likely to occupy the site. In support of the application the applicants agent has stated that; 6.7 "Over the 10 years that Mr Oague has been running his business he has found without exception that the TT fortnight is their quietest time. He believes this is down to a number of factors: o The roads are dosed for long periods for practice and races and many people are trapped within the course; 0 Many people don't like to travel because of slow-moving traffic, congestion on roads and the additional risk of travel at that time; and 0 Many people find other competing activities during the TT festival to attend such as the Fair on the Promenade, Pee! Day etc Mr Ciague estimates his business reduces by as much as 90% during the TT and the formerly named Grand Prix festivals. He says people just don't make bookings during these periods and this obviously has a detrimental effect on their business. Mr Ciague says that if temporary camping were permitted during these periods it would be an enormous help, providing an essential income through what has become an annually difficult business period. As his normal business reduces by 90% during these periods, so the traffic to the site reduces by a corresponding amount. Mr Ciague also believes he can reduce the amount of travelling by his guest campers by providing hot and cold food and drinks throughout the daytime and into the evening; meaning that 14/00242/C 16 June 2014 Page 5 of 8

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campers do not have to continually leave and return the campsite in search of food and drinks during the day and evening. Therefore if camping were permitted during the two festivals Mr Ciague is of the opinion that any camping traffic wouid simply replace the absent normal business traffic; and there would be no adverse impact on neighbouring properties off Whitebridge Road." The planning authority has also seeks comments from the Environment Protection Unit (EPU) - DEFA - regarding the proposed use of the site and distance from "Sunnyside". The Environment Protection Officer made the following comments: "This looks like a good location in comparison to some others, planning will have to consider the benefit to the community in comparison to the potential nuisance to a limited number of adjacent residential premises. There is likely to be increased noise particularly from traffic and any rowdy behaviour associated with camping area to the site but given the increased traffic from the TT this may be inconsequential." 6.8 Overall, given the temporary nature of the use it is considered acceptable, particularly given that it is open to the Planning Authority to grant approval two years only so that it can assess the impact of the use on these areas of discussion. 6.9 6.10 With regarding to the potential impacts upon the highway safety the applicants comments indicated within paragraph 6.7 would also apply. The Highway Services has considered the application and has no concerns with the proposal, Accordingly, whilst the concern of the local resident is understood, in the absence of an objection from the Highway Services, it is considered that there are no reasonable highway safety grounds to refuse permission. As highlighted by the applicant, the significant reduction in traffic to and from the site due to a drop in his normal business will be substituted to a degree by the traffic generated by the camp site. 7.0 RECOMMENDATION 7.1 Overall, the proposed use has still been found to be acceptable in terms of its potential impacts and there are no reasonable grounds to withhold temporary approval for the 2014/2015 TT and 2014/2015 Festival of Motorcycling. It is therefore recommended that the proposal is accepted. PARTY STATUS In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; The Department of Economic Development - Tourism Division, as their comments have been deemed material; Highway Services, and the Local Authority in whose district the land the subject of the application sits. 8.0 8.1 In line 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 considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: 8.2 The owner and/or occupant of Sunnyside, Whitebridge Road, Onchan In line 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: 8.3 14/00242/C Page 6 of 8 16 June 2014

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The Manx Utilities Authority Recommendation Recommended Decision: Permitted Date of Recommendation: 16,06,2014 Conditions and Notes for Approval / Reasons and Notes for Refusai C : Conditions for approvai N : Notes attached to conditions R : Reasons for refusal 0 : Notes attached to refusals C 1. This permission is for a temporary use only and the use shall not be carried out outside the TT and Motorcycle Festival Praaice and Race Weeks only. After the last day of the Motorcycle Festival Practice 2015 this permission shall expire unless a further application to extend or make permanent the uses is made and approved. Reason: The development is considered as acceptable based upon the information provided but a two year approval is necessary to fully assess the implication of the development on amenity. C2. There shall be a maximum of 50 tents pitched within the site. There shall be no pitching of tents outside the area outlined red on the site plan received on 5th March 2014. Reason: In the interests of public amenity. C3. The parking area, as shown on the site plan received on 5th March 2014, shall not be used other than for the parking of vehicles in connection with Ballakaighen Farm (including leisure factices and marquee) and camping use hereby approved. Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety. This approval relates to Drawing reference number POl REV A received on 5th March 2014. Page 7 of 8 14/00242/C 16 June 2014

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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 ... Committee Meeting Date : ^ Signed :... Presenting Officer Further to the decision of the Committee an additional report/condition reason is requiredi signing officer to delete as appropriate 16 June 2014 14/00242/C Page 8 of 8