CHIEF SECRETARY'S OFFICE

Oik yn Ard-Scrudeyr

PLANNING APPEALS OFFICE

Government Office DOUGLAS Isle of Man IM1 3PN Direct Line (01624) 685280 Fax (01624)685710 Email: [email protected] CHIEF SECRETARY W Greenhow, ACMA Our Ref: AEA/Appl

Isle of Man

Government

Planning Secretary

Department Of Infrastructure

Planning And Building Control Division

Murray House Mount Havelock Douglas

9th January 2014

Dear Sir/Madam,

Application No: 13/91242/C

Proposal: Temporary change of use of land to provide a camp and festival site over the TT fortnight period

Address: Jurby Airfield Jurby Isle Of Man

Decision: Department Application Approved

Applicant: Tina Carter

I refer to the abovementioned planning application.

In accordance with the Article 9 of the Town and Country Planning (Development Procedure) (No 2) Order 2013, I herewith give notice of the decision as follows.

The application has been approved subject to the following condition(s):

1. The development hereby approved shall be carried out in full accordance with the plan entitled Motofest 2014 Jurby Airfield, Isle of Man received on 21 October 2013.

2. The use hereby approved shall be for a limited period from 16 May 2014 to 16 June 2014 inclusive, and thereafter the use shall be discontinued and the site restored to its former condition.

3. Amplified music shall not be played between midnight and 10.00hrs.

In accordance with article 10(c) of the Order, please be advised that the decision of the Council of Ministers is binding and final (subject to the possibility of judicial review by petition of doleance).

The Planning Inspector's report, upon which the decision was determined, may be viewed by visiting https://www.gov.im/planningapplication/services/planning/search.iom, or by contacting the office of the Chief Secretary for a hardcopy (Tel 685204).

Isle of Man

Government Secretary Railtys Ellen Vannin

Crown Division Government Offices Douglas Isle of Man 23 December 2013 To the Council of Ministers Case Reference DF13/0038 Planning Application 13/91242/C Application by Tina Carter, T/A Motofest, for planning approval for the temporary change of use of land to provide camping, festival site, parking and sprint/performance area at Jurby Airfield, Jurby.

1. I have the honour to report that on 17 December 2013 I carried out a site visit at the above location. The case is being made by written representations.
2. Jurby Airfield is owned by the Department of Infrastructure. For that reason, the decision on this planning application has to be made by the Council of Ministers, not the Planning Committee.

THE APPLICATION SITE

3. The application site occupies the majority of Jurby Airfield, currently known as Jurby Motodrome. It is served by an access road off the A10. The access road also serves part of the Jurby Industrial estate but, after about 100 m , the road splits. The branch to the east leads towards the industrial estate; the branch to the south runs parallel with the fenced boundary of Jurby Prison towards the runways and grassland where the proposed change of use would take place.
4. The site is flat and largely featureless. Its north eastern boundary wraps around the Jurby Industrial Estate and then meets the A14 on the outskirts of Jurby. The site's south eastern boundary adjoins fields and woodlands. The south western boundary is mostly formed by the B5 but it goes behind the dwellings at the Jurby West crossroads where the B5 meets the A10. The site's north western boundary skirts around the Jurby Industrial Estate and Jurby Prison and meets the A10 only at the access point and for a short distance near the Jurby West crossroads.
5. The inmates of Jurby Prison live nearest to the site. The prison's walled and fenced boundary runs parallel with the site access and adjoins areas of grassland where the applicant proposes to locate temporary campsites. The nearest dwellings are about 600 m away in Jurby, although the school, health centre and shop are nearer. There is also a cluster of housing at the Jurby West crossroads, and some sporadic dwellings alongside the B5 and in the rural area to the south east of the site. Generally, however, this is a remote and lightly populated area.
6. The majority of Jurby Airfield is an Area of Special Scientific Interest (ASSI) covering about 63ha. The ASSI has been designated largely because of the species-rich neutral grassland between the runways. The site is also a stronghold for breeding skylarks. Other breeding bird species include linnet, partridge, corncrake and curlew.

THE PROPOSED CHANGE OF USE

7. On the planning application, the proposed development is described as: For a two week period (TT fortnight) a campsite, stunt shows, parking, entertainment venue will be created on the airfield to give TT fans the option of something different and all on one site. In the Planning Authority's statement, the proposal is described as: Temporary change of use of land to provide a camp and festival site over the TT fortnight period. However, based on the submitted plan and the information accompanying the application, I consider that a clearer and more accurate description of the proposal would be:

The temporary change of use of land to provide camping, festival site, parking and stunt/performance area. 8. The main elements of the proposal, as described in the planning application and subsequent correspondence, are as follows:

• The event (Motofest) would be open to the public from the first TT practice day until the Sunday after racing is completed.
• No permanent structures would be erected.
• The change of use would be for one month to allow for setting up and dismantling before and after the event.
• Toilet and shower facilities would be plumbed into the existing waste management systems or, more likely, tanked and removed off-site daily.
• There would be 3 areas for camping. These are described on the plan as "Camping", "Family Camping" and "Additional Camping (if required)". Together, they would accommodate no more than 500 tents.
• There would be a fenced "sterile corridor", 1 m wide, between the prison's outer fencing and the adjoining camping site.
• To the south of the camping site would be a "Festival Site". This would have bars, catering, music venues, big screens for live timing and commentary, chat shows and showcases. It would be open from 10.00 hrs each day. Bands would play from 12.00 hrs on non-race days and 18.00 hrs on race days. All music would finish at or before midnight.
• The maximum accommodation capacity of the site would be 5,000 people. The approximate number of festival-goers over 10 days would be 10,000 .

THE CASE FOR THE APPLICANT

9. Jurby Airfield has often been used as a venue for motor sports, with camping, parking and other events also taking place. It could be argued that there is an established use for what is currently proposed, but a planning application has been made because of the month-long duration of the proposed change of use.

10. Other alternative locations have been considered. However, Jurby Airfield offers the best space for the proposed festival and camping. Traffic management is easy, and there is plenty of hardstanding for parking and motor sport. Apart from the inmates of the prison, there are no other residents living nearby.

11. Consultations with relevant bodies have already taken place, and the results are positive. A draft Event Management Plan has been produced, and a Safety Action Group is waiting in the wings. However, it makes sense to wait until planning approval has been granted before things are taken any further.

REPRESENTATIONS RECEIVED

Jurby Parish Commissioners

12. The Commissioners have no objections to the proposal, but suggest that the playing of music finishes no later than midnight each evening.

Director of Properties, Department of Infrastructure (DOI)

13. Jurby Airfield has been used for sporting purposes for at least 30 years. Andreas Racing Association Ltd, the current licence holder, has confirmed its agreement to the event (Motofest) taking place. As owner of the site, the DOI supports the application subject to the following:

• There should be a full risk assessment for all activities.
• There should be appropriate security to prevent unauthorised vehicles gaining access to the airfield and, in particular, to prevent illegal racing.
• Motofest should have full liability insurance and indemnify the DOI against any liabilities.
• Motofest should liaise with the Jurby Parish Commissioners and take appropriate measures to prevent any nuisance to adjoining properties.

Jurby Prison

14. The airfield is already used for alternative uses, particularly in the summer months. The Festival of Jurby, part of the August Racing Festival, has grown year-on-year since its inception. The noise associated with these events has not caused prisoners to complain. The current proposal is an extension of what has gone before but it has the potential to be more intrusive. However, if the planning application is successful the prison would use its membership of the Safety Action Group to ensure that any concerns about safety, security, noise and traffic are addressed. It is accepted that the TT is a revenue-generating opportunity and it should be supported.

Senior Biodiversity Officer, Department of Environment, Food and Agriculture (DEFA)

15. As a result of earlier discussions with the applicant, changes have been made to the proposed layout of the site. Much of the festival area now falls outside the ASSI. As a result, DEFA has issued a Notice of Consent. It covers the time period 16 March 2014 to 16 June 2014 to allow for early mowing of the grassland. The Consent is subject to conditions that require:

• Monitoring of the area to assess the event's impact on the special interest of the ASSI.
• Surveys in mid-May, mid-June and mid-July of the plant and grassland habitats.
• Bird counts before and after the event to assess the effect of noise on the numbers of Schedule 1 birds that breed on the ASSI.

Environmental Protection Officer, DEFA

16. Noise from amplified music is likely to be 60-70dB(A). Vocals would be audible in the prison and the nearest dwellings. Under normal circumstances this might amount to a serious noise nuisance. However, it is for the Planning and Licensing Authorities to weigh noise nuisance against the benefits to the Island that stem from events such as this. It should be noted that complaints to the Environmental Protection Unit about noise nuisance during TT fortnight are very intermittent.

Manx National Heritage (MNH)

17. It is noted that DEFA has already given conditional consent to the applicant for the proposed event and, on that basis, MNH does not object. However, it would like to be informed of any post-event assessments of the impact on the ASSI.

Isle of Man Fire and Rescue Service

18. Subject to agreement on final details of layout and fire-prevention, the Fire and Rescue Service does not object to the proposal.

ADVICE FROM THE DEPARTMENT OF INFRASTRUCTURE'S PLANNING AND BUILDING CONTROL DIVISION

19. The site is identified on the Isle of Man Planning Scheme (Development Plan) Order 1982 as "Airfield". The site is also mostly within an ASSI.
20. In recent years, various planning approvals have been granted for race-related development at the airfield, including pit lanes, bunds, advertising and trackways.
21. The following policies in the 2007 Isle of Man Strategic Plan (IoMSP) are relevant:

• Strategic Policy 1: Development should make the best use of resources by, amongst other things, optimising the use of previously-developed land.
• Environment Policy 4(b)(ii): Development will not be permitted if it would adversely affect the species and habitats of a designated ASSI.

22. Further approval and licences will be required in respect of the playing of amplified music and the sale of alcohol, but these are matters unrelated to planning.

ASSESSMENT

23. In my view, the main considerations in the assessment of this application are, firstly, the effect of the proposed change of use on living conditions for nearby residents; and, secondly, the impact on the species and habitats of the ASSI.

The first consideration - living conditions

24. Amplified music, loud speakers, and the noise of motorbikes and other vehicles are inevitably going to be part and parcel of the proposed event. I am in no doubt that, from time to time, some of this noise will be audible at the nearest dwellings, 600 m away. However, the event would last for only about 10 days. Moreover, the applicant is proposing that there shall be no music after midnight or before 10.00 hrs in the morning; a proposal favoured by the Jurby Parish Commissioners and the prison. It is interesting to note that, according to the prison governor, inmates have not complained about amplified music in the past, even though they live much nearer to the airfield than anyone else. I am also comforted by the fact that, according to DEFA, residents of the Isle of Man seem to tolerate levels of noise during TT weeks that, at other times of the year, might be deemed unacceptable.
25. I have also considered the likely impact of large numbers of motorbikes and other vehicles approaching and leaving the site during the event. In my view, the residents most likely to be affected are those living alongside the A10, particularly at the Jurby West crossroads, and those living alongside the A14 at Jurby. Traffic noise would undoubtedly increase, but this would be for limited periods each day and only during the 10 days when the event was taking place. Furthermore, in the absence of any comments from the Highways Division, it

appears to me that the local road network has the capacity to accommodate the additional traffic without causing undue congestion. 26. So far as I am aware, no local residents have written to object to the proposed change of use. The absence of objection is not conclusive in itself, but it could be argued that occasional noise from motorsport events at the airfield is an accepted part of life in Jurby. Taking all these matters into account, I have reached the view that the living conditions of nearby residents would not be unacceptably affected.

The second consideration - the impact on the ASSI 27. Consultations between the applicant and DEFA have already yielded positive results, culminating in DEFA issuing a Notice of Consent for the proposed activities within the ASSI. The Consent gives permission for the grass to be cut from mid-March in order to discourage ground-nesting birds. Conditions on the Consent relate to monitoring, surveys and bird counts, all of which would yield useful information, particularly if an application were to be made for a similar event in the future. 28. Environment Policy 4(b)(ii) of the IoMSP seeks to prevent development that would adversely affect the species and habitats of ASSIs. In this particular case I am satisfied that there is no good reason to prevent the proposed development on those grounds.

CONCLUSION

29. In accordance with Strategic Policy 1 of the IoMSP, the proposed change of use would take place on previously-developed land. This, together with my favourable findings on residents' living conditions and the species and habitats of the ASSI, leads me to conclude that planning approval should be granted for the proposed change of use.
30. In my view, the approval should be subject to the 3 conditions that I have listed in my Recommendation (below). Condition No 1 specifies the approved plan. Condition No 2 sets a 1-month time limit for the change of use. The dates, 16 May to 16 June, are those suggested by the applicant. In view of the need to monitor the event's effect on the ASSI, I consider it unwise to grant an openended approval for annual repeats of the same change of use. I have therefore specified the year, 2014. In the interests of the ASSI, I have also required the site to be restored to its previous condition by the end of the temporary time period. Finally, to minimise adverse effects on nearby residents' living conditions, Condition No 3 limits the hours when amplified music can be played.

RECOMMENDATION

31. I recommend that Planning Approval be granted for the temporary change of use of land to provide camping, festival site, parking and stunt/performance area at Jurby Airfield, Jurby, subject to the conditions set out below:

1. The development hereby approved shall be carried out in full accordance with the plan entitled "Motofest 2014 Jurby Airfield, Isle of Man" received on 21 October 2013.
2. The use hereby approved shall be for a limited period from 16 May 2014 to 16 June 2014 inclusive, and thereafter the use shall be discontinued and the site restored to its former condition.
3. Amplified music shall not be played between midnight and 10.00 hrs .

Ruth MacKenzie BA(Hons) MRTPI Independent Inspector