3 August 2010 · Deputy Minister for Infrastructure - Mr. G. D. Cregeen, MHK (on appeal)
Ballakaighen Stud Farm, Whitebridge Road, Onchan, Isle Of Man, IM4 6ad
The proposal involved erecting a temporary white marquee measuring 25.25m long by 12.35m wide, with portable toilets and decking, south of existing leisure buildings at Ballakaighen Farm (Laserblast activity centre) in rural Onchan countryside.
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The Deputy Minister considered the inspector's report but rejected the recommendation to dismiss the appeal. On countryside impact, while the inspector found the bright white marquee unacceptable and …
General Policy 3
Presumption against development outside zoned areas unless fitting exceptions (e.g. redundant building conversion, agriculture, national need). Officer found proposal did not comply as new build not re-use of redundant structures; inspector agreed seasonal use insufficient. Deputy Minister accepted as temporary/seasonal within approved leisure context, not warranting refusal.
Environment Policy 1
Protects countryside from adverse development unless overriding national need. Officer and inspector cited as failed due to visual harm from new marquee in Open Space. Deputy Minister found impact not so adverse given temporary nature, distance from roads, and compact grouping.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved drawings
This approval relates to drawing nos. AC-SM/1 and AC-SM/2 date-stamped the 3rd June 2010.
Seasonal use only
The proposed structures may be in situ only between the 1st May and 30th September in any one year. Outside of this time the structures must be removed from the application site and stored elsewhere.
Event finishing times
Events on Sundays to Thursdays shall finish by 22.00. Events on Fridays or Saturdays shall finish by mid-night.
Late-night event frequency
Events finishing after 22.00 may occur no more frequently than twice in each calendar month.
Recommend approval subject to clearer site exit for motorists
Highways Division recommends refusal due to substandard visibility and lack of Transport Assessment; Onchan District Commissioners recommend approval subject to improved site exit visibility.
Key concern: inadequate visibility at the access
Department of Infrastructure Highways Division
Objectionrecommends refusal of this application; Previous planning applications at this site have been opposed by the Division due to inadequate visibility; The Division has also previously raised the issue of a Transport Assessment being provided
Onchan District Commissioners
Conditional No ObjectionThe Commissioners would recommend that the application be APPROVED for planning purposes subject to the following condition:- "The exit from the site being addressed to make it clearer for motorists."
Conditions requested: The exit from the site being addressed to make it clearer for motorists
The original application for seasonal erection of a marquee and portable toilet block for corporate events was refused by Senior Planning Officer for countryside impact contrary to GP3 and EP1, and highway safety due to substandard access. Appellant argued it was within approved leisure area, temporary, and visibility improved. Inspector found it unacceptable in countryside and harmful to nearby residents' amenity from late-night traffic, recommending dismissal. Deputy Minister disagreed, finding countryside impact acceptable due to temporary nature and grouping with buildings, and residential impact mitigable by conditions on event times and frequency. Appeal allowed on 17 February 2011 with conditions.
Precedent Value
Demonstrates Ministers can override Inspector recommendations if seasonal/temporary nature mitigates policy conflicts; conditions critical for controlling amenity/highway impacts in rural leisure expansions. Applicants should prioritise fixing consultee objections and providing event management details.
Inspector: John S Turner
