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1.1 The application site is the curtilage of Part Field's 424764 and 424774 at Beachcroft Farm, Pooilvaaish Road, Castletown. The curtilage of the site includes the access to Beachcroft Farm, car parking area, a strip of land along the edge of Fields 424774 and 424764 and part of Field 424764.
1.2 The site is to the southern side of Fisher's Hill and is visible from the highway when travelling towards Gansey given the slope of the land which runs from north east to south west. There is a group of trees which is classed as Field 424775 which is within Field 424774 this provides some screening of the application site when travelling towards Gansey from Castletown.
1.3 The main part of the site is part of Field 424764, this part of the field is set against a backdrop of mature trees which are on the boundary shared with the neighbouring property The Cottage.
1.4 The closest residential properties are The Cottage which is approximately 45m, Ballacarrick which is approximately 75m and Spindrift which is approximately 85m from the application site at their closest points.
2.1 The application seeks approval for the creation of a campsite for three safari tents and improvement works to the vehicular access.
2.2 The works to the vehicular access are in order to provide visibility splays of 170m in both directions. These works include the removal of the sod bank which is to the right when exiting the site. This sod bank would be reconstructed set back from the edge of the highway.
2.3 The campsite would be created in Field 424764. The campsite would be for three Safari style tents, each tent would measure approximately 12.4m x 6.5m with a height of approximately 3.22m. The tents themselves will be constructed of waterproof, lightweight, flexible canvas type material. The tents would have a raised wooden floor and outside deck with overhanging roof and porch. Each tent could accommodate 6 - 8 people and would have a woodburning stove, sink unit, kitchenette, en-suite toilet and shower facilities. There would be no fixed services, the toilet would be a compost toilet and the shower would be provided with a water tank.
2.4 The tents would be erected from May through to October, outside of these dates the site would be cleared of all tents and associated facilities.
2.5 Also proposed is a planting and management plan. The majority of works would be carried out within the land identified by the blue line; this land is in the ownership of the applicant. The planting includes internal boundary hedges using native species, whips will be two to three years old. The existing hedgerow along the southern boundary would be thickened with a mix of hedging and trees. The track which would run from the visitor parking to the campsite would also have tree planting which would break up the visual back drop of the existing shelter belt. Finally, the field accommodating the tents would have a flower mix planted but stripping out competitive species of grass.
3.1 The previous planning applications are not considered to be specifically material in the assessment of the current application.
4.1 The application site is within an area zoned as "whiteland/open countryside" identified on The Area Plan for the South 2013. Given the nature of the application it is appropriate to consider General Policy 3, Environment Policy 1, Environment Policy 4, Environment Policy 22, Business Policy 11, Business Policy 14 and Transport Policy 4 of The Isle of Man Strategic Plan (20th June 2007).
5.1 Highway Services, in an email received 5th January 2015, comment on the application. "The access is onto the A5 which is restricted at this location. The visibility is only the left when exiting is in excess of 100 metres. This application is improving the existing visibility to the right which will be beneficial for all road users."
5.2 Arbory Parish Commissioners, in a letter received 22nd December 2014, comment on the application. They have no comments to make.
5.3 Department of Economic Development, in a letter received 23rd December 2014, comment on the application. The Department recognises that quality in all areas of accommodation is important, the current campsite provision on the Island falls below national benchmarks. They recognise that there is an opportunity to develop the camping and "Glamping" sectors on the Island. They consider the proposed accommodation to be of a high quality and are a unique facility on the Island. They consider the proposal to be in sympathy with the Department's policy to encourage quality tourist accommodation and to promote diversification of product to boost the local economy.
5.4 Department of Environment, Food and Agriculture, in an email received 13th January 2015, comment on the application. They note that the only potential issue is the removal of a conservation/sensitive verge. Provided that the plan for careful removal and replacement is carried out, this would remove their concern.
5.5 The owner/occupier of Ballacarrick, Balladoole, Castletown in an email received 8th January 2015, comment on the application. They feel that this is not a small development but a major development which will affect their property. They note that on a previous occasion in 2014 when a campsite was set up, there was noise and intrusion from the campsite which could be heard from their house. They also note that the nearby shore is designated as an Area of Special Scientific Interest.
5.6 Further comment from the owner/occupier of Ballacarrick was received by email 9th January 2015. They note that the application is represented as "Eco" development but they feel that it is nothing more than a low cost camp ground with no running water, sewage or power. They note that Beachcroft Farm is approximately 57 acres and the applicant has chosen to locate the campsite within a few metres of the boundary shared with Ballacarrick. They also have concerns regarding the reduction in value of Ballacarrick as a result of the campsite and would make the property very difficult to sell.
5.7 The owner/occupier of Rock Cottage, Pooilvaaish Road, in an email received 9th January 2015, comment on the application. They formally object, but give no reasons. They have since sent in another email, received 16th January 2015. They give reasons for the objection, they believe that the area around the proposed development is one of the most beautiful on the Island, they note that it will not benefit from new roads or structures, particularly out of character tents that would be plainly in view of anyone descending Fishers Hill. They note that the corner near the proposed entrance is an accident black spot with unrestricted speed limit which would be made even more dangerous by vehicles entering from a stop.
5.8 The owner/occupier of Francorchamps, Fishers Hill, in an email received 9th January 2015, object to the application. They formally object, but give no reasons.
5.9 The owner/occupier of Sonnish-Ny-Marrey, Fishers Hill, in an email received 9th January 2015, comment on the application. They object but give no reasons.
5.10 The owner/occupier of Balladoole Cottage, Fishers Hill, in an email received 9th January 2015, comments on the application. They feel the application is unclear whether the proposed development involves a change of use in the fields opposite their property from agricultural to residential/commercial. If this is the case they wish to object to the application for the following reasons:
1) Sets a precedent for erecting houses in the future. 2) Loss of high quality agricultural land 3) Destruction of traditional field patterns 4) Inconsistent with The Area Plan for the South 5) Potential for adverse visual impact from my property and impact on lifestyle 6) Road system is inadequate to support residential development.
They note that the application proposes modifications to the existing verge to provide visibility of 170m. They are of the opinion that Fishers Hill is a dangerous road, with dangerous manoeuvres being undertaken. They feel that the proposed development would increase risk to drivers.
6.1 The key considerations in the assessment of the application are the principle of the development, the impact upon the character and appearance of the landscape, the impact upon the amenities of the neighbouring properties and the impact upon highway safety.
6.2 The site is within an area of "whiteland/open countryside" identified on The Area Plan for the South and therefore not zoned for further development. There are no designated campsites on the Island in terms of land use zoning.
6.3 While there are no areas on the Island designated for use as a campsite, it is relevant that most campsites are on land which is not designated for development. There are a number of campsites which are located in areas of open countryside, Glens and Areas of High Landscape or Coastal Value and Scenic Significance.
6.4 The application does have the support of the Department of Economic Development as they have a duty under the Tourist Act (1975) to "maintain, encourage, develop, protect, promote and facilitate tourism in, to and from the Island to the best advantage of the Island." The Department of Economic Development recognises that quality in all areas of accommodation. They also recognise that current campsite provision on the Island falls below national benchmarks.
6.5 The proposed development is aimed at those interested in eco-tourism and getting back to nature, but also for those that do not want to miss out on their home comforts. Glamorous Camping "Glamping" provides a luxury camping experience in the countryside. The proposed Safari tents provide the luxury and home comforts including a toilet and shower but in the countryside where visitors can appreciate the surroundings.
6.6 The Department of Economic Development suggests that the proposed development offers a unique opportunity for visitors to 'get back to nature'. They have chosen a type of accommodation which is a unique type of visitor accommodation on the Island. While there is a similar development in Union Mills, this is in the form of Yurts; this was approved under PA 11/01439/B.
6.7 Given the sensitive location of the site a balance needs to be struck to weigh the need for tourist provision and the impact that such a development would have upon the countryside. Given that there is support from the Department of Economic Development it is considered that there is a need for this type of tourist accommodation.
6.8 While the proposal itself would not fall under the exceptions as set out in General Policy 3 it is considered that this specific development differs to other forms of development mainly due to the fact that the site would be cleared outside of spring and summer. This distinguishes the proposal from developments which provide permanent structures and impacts.
6.9 The Department of Environment, Food and Agriculture spoke with the agent prior to the submission of the application and have no issue with the project. They are satisfied that the Manx Wildlife Trust will coordinate the works which are to be carried out.
Impacts upon the character and appearance of the countryside
6.10 Environment Policy 1 sets out that the countryside should be protected for its own sake, however, it is considered that the impact would be minimal given the siting of the tents in terms of the position of the tents adjacent to the existing tree belt. There would also be additional planting so as to provide screening of the proposal when viewed from Fisher's Hill. The tents would be erected for only part of the year and therefore the impact upon the character and appearance of the countryside would not be permanent and the land would revert back to agricultural outside of May to October.
6.11 The alterations to the access which would result in the relocation of the existing sod hedge would alter the character and appearance of the roadside boundary but would result in a highway safety improvement which is a material planning consideration. The improvement to highway safety is considered to override the presumption against development in the countryside.
6.12 The siting of the campsite is such that the proposed tents would not be readily visible from the Coastal Footpath which is in regular use. The proposed tents would be visible when travelling along Fishers Hill, but these views would be distant and would be sat against a backdrop of trees.
6.13 The owner/occupier of Balladoole Cottage, Fishers Hill, Castletown raises concerns in relation to destruction of traditional field patterns. The applicant's agent has confirmed that as part of the proposal there would be installation of sod hedges and tree belts in order to re-establish the traditional field patterns. It is considered that the proposal would not have a detrimental impact upon the character and appearance of the traditional field patterns.
Impacts upon adjacent residential properties
6.14 There are a number of residential properties which are within the vicinity of the application site. The closest property is The Cottage which is approximately 45m from the application site and Ballacarrick is approximately 50m. There is a mature tree belt between the application site and the neighbouring properties and as part of the application further planting would be carried out to provide further screening between the proposed Safari tents and the residential properties. The main concern is the impact of noise and disturbance upon the residential amenities of The Cottage and Ballacarrick as there could be up to 24 people at any one time staying at the application site which is relatively close to the two residential properties.
6.15 The owner/occupier of Ballacarrick who is also the owner/occupier of The Cottage has objected to the application as they have concerns regarding the impact of noise and intrusion upon the amenities of their property, and in particular how close the proposed tents would be to the boundary.
6.16 The concerns raised by the owner/occupier of Ballacarrick are understandable and as such, these concerns have been raised with the applicant's Agent who has contacted the Environmental Health Unit at Department of Environment, Food and Agriculture. The Environmental Health Officers of the Department have advised that they are satisfied that the proposed development is not likely to create a noise nuisance as defined within the provisions of the Public Health Act 1990. They feel that any potential noise nuisance arising from the usage of such a development will be capable of being controlled by the owners of the site. If any noise related issues arise they would be investigated in accordance with current procedures under the Environmental Health Unit.
6.17 While the Environment Health Unit are satisfied that the proposal would be unlikely to create a noise nuisance as defined under the Public Health Act 1990 the development may still create noise and disturbance which would affect the general living conditions of Ballacarrick and The Cottage leading to an unacceptable impact upon the amenities of those properties.
6.18 The applicant, as part of the scheme, would replace the existing post and rail fence with a solid timber fence and plant a further tree shelter belt of approximately 5m in front of the fence. The agent is satisfied that this will act as an acoustic barrier and mitigate any noise nuisance.
6.19 It is difficult to assess what the impacts of such a development would be upon the amenities of the residential properties and as such the Committee Members may feel that a condition be attached restricting the development to a period of 2/3 years in order to assess what the impacts would be. However, this may not be reasonable upon the applicant given the financial investment in purchasing the safari tents.
6.20 There are other residential properties within the vicinity of the application site but are considered to be of a sufficient distance from the application site and therefore the proposal would not have an unacceptable impact upon the amenities of the neighbouring residential properties.
6.21 Although Rock Cottage, Francorchamps and Sonnish-Ny-Marrey all object, they give no reasons for objecting and as such no weight can be given to these objections.
6.22 The proposed development would include works to the existing access to provide improved visibility in both directions. There is sufficient visitor parking within the site and access to the campsite would be via a track which runs along the edge of the field boundary. It is considered that the proposed alterations would improve highway safety.
6.23 Highway Services are satisfied that the proposed works would improve visibility for road users.
6.24 The proposed development would provide a high quality tourist facility which is unique to the Island. There is a similar example which is the Yurts campsite in Union Mills PA 11/01439/B, but there are no other "Glamping" sites particularly in the south of the Island.
6.25 On balance the application is considered to be acceptable and is recommended for approval.
7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
7.2 In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.
7.3 In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person:
7.4 In this instance, it is recommended that the following persons do not have sufficient interest and should not be awarded the status of an Interested Person:
The Case Officer gave a verbal update regarding the objection from the owner/occupier of Spindrift and recommended that they were granted Interested Person Status.
It was recommended that Condition 3 be altered to create the visibility sprays and erect the new fence between the tents and Ballacarrick prior to the erection of the tents and for the visibility sprays to be retained as such thereafter.
It was also recommended that the landscaping scheme be implemented in the first planting season available after the visibility sprays have been created.
(These conditions reflect the alterations agreed during the consideration of the application at Planning Committee.)
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
The implementation of the landscaping shall be carried out in accordance with the Planting and Management Plan prepared by Manx Wildlife Trust received 10th December 2014. The tree and hedgerow planting shall take place the first autumn/winter planting season available after the visibility sprays have been implemented. returned 2 y dies.
Reason: To ensure the provision of an appropriate landscape setting, in the interests of the appearance of the development and the surrounding area.
The visibility splay(s) identified on 03_009 date stamped 10th December 2014; shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1.05m in height above adjoining carriageway level. The visibility splay(s) shall be implemented and the solid timber fence identified as 09 on 03_007 date stamped 10th December 2014 shall be erected prior to any other works commencing on site.
Reason: In the interests of highway safety.
The safari tents may be used only as tourist accommodation where tourism is defined as set out below in accordance with the provisions of the Strategic Plan and for clarification may not be occupied as a person's main place of residence.
Tourism has been defined by the Tourism Society as "the temporary short term movement of people to destinations outside the places where they normally live and work and their activities during their stay at these destinations" and it covers a very wide range of activities and types of development. This may include travel and visits for business, professional and domestic purposes as well as for holidays and recreation.
Reason: To ensure that the development is only used and occupied as short-let holiday accommodation.
Infrastructure associated with the approved development (safari tents, toilets and showers) can be erected on the site between 1st May and 31st October. Outside of this period all infrastructure listed above must be removed from the site.
Reason: In the interests of visual amenity.
The accommodation hereby approved shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any calendar year.
Reason: To ensure that the development is only used and occupied as short-let holiday accommodation.
| Item 7.5 Part Field's 424764 & 424774 Beachcroft Farm Poolivaaish Road Castletown Isle of Man PA14/01411/B | Creation of a campsite for three safari tents and improvement works to vehicular entrance, car parking and access route Applicant: Mr & Mrs Gareth Craig Case Officer: Miss Laura Davy Recommendation: Permitted |
The case officer reported on the matter and summarised the key issues as set out in the report. Mr Evans confirmed that he and Mr Cottier had conducted a site visit with regard to this application. Ms Reid confirmed that Highways services were content with the proposal.
Mr Thomas from Horncastle:Thomas, agent for the Applicant, spoke in support of the proposal. He made mention of the improvements to highways access and visibility and the improvement to the roadside verge. The scheme for the relocation of the designated sensitive verge had been undertaken in conjunction with the Manx Wildlife Trust. Consultations had also been carried out with Highways Services with regards to improving the access and visibility; the Amenity and Lands Directorate at DEFA with regard to relocating the designated sensitive roadside verge and with regard to visitor arrivals and parking; the DEFA Environmental Directorate and Public Health with regard to modal standards for camp sites, lighting, signage, emergency procedures and the operating of composting toilets; and the Department of Home Affairs, with regard to fire safety. Mr Thomas acknowledged the objections made by neighbouring property owners and addressed these with regard to advice sought from the Environment Health Unit at DEFA and outlined the measures proposed to mitigate noise nuisance. Mr Thomas also made mention of the site visit from the Tourism and Motorsport section of the Department of Economic Development and stated that this proposal would deliver green tourism and high quality tourism on the Island.
Following a question from Mr Cottier, Miss Davy confirmed that this would be the only camp site on the Island with Safari Tents.
Mr Cottier further enquired with regard to the opening times laid down in condition 5, if the Easter period should be included. Following discussion and with Miss Chance's advice it was determined that condition 5 should remain as worded. The Applicant retains the right to apply for a variation in condition, should they so wish.
Following discussion, the Members instructed that the wording of conditions 2 and 3 be amended to ensure that the road widening scheme is implemented prior to the operation of the site.
The Committee accepted the recommendation of the case officer and the application was approved subject to the following conditions.
C1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C2. The implementation of the landscaping shall be carried out in accordance with the Planting and Management Plan prepared by Manx Wildlife Trust received 10th December 2014. The tree and hedgerow planting shall take place the first autumn/winter planting season available after the visibility sprays have been implemented.
Reason: To ensure the provision of an appropriate landscape setting, in the interests of the appearance of the development and the surrounding area.
C3. The visibility splay(s) identified on 03_009 date stamped 10th December 2014; shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1.05m in height above adjoining carriageway level. The visibility splay(s) shall be implemented and the solid timber fence identified as 09 on 03_007 date stamped 10th December 2014 shall be erected prior to any other works commencing on site.
Reason: In the interests of highway safety.
C4. The safari tents may be used only as tourist accommodation where tourism is defined as set out below in accordance with the provisions of the Strategic Plan and for clarification may not be occupied as a person's main place of residence.
Tourism has been defined by the Tourism Society as "the temporary short term movement of people to destinations outside the places where they normally live and work and their activities during their stay at these destinations" and it covers a very wide range of activities and types of development. This may include travel and visits for business, professional and domestic purposes as well as for holidays and recreation.
Reason: To ensure that the development is used and occupied only as short-let holiday accommodation.
C5. Infrastructure associated with the approved development (safari tents, toilets and showers) can be erected on the site between 1st May and 31st October. Outside of this period all infrastructure listed above must be removed from the site.
Reason: In the interests of visual amenity.
C6. The accommodation hereby approved shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any calendar year.
Reason: To ensure that the development is used and occupied only as short-let holiday accommodation.
Interested party status was considered by the Committee and agreed as recommended, with the addition of the inclusion of the owner/occupier of Spindrift, Poolivaish Road.
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