12 March 2024 · Council of Ministers
Car Park, Chibbanagh Plantation, Cooil Road, Braaid, Isle Of Man, IM4 2aw
The application was for a change of use to allow operation of one mobile catering facility (such as a van, trailer or horsebox) within a 57-space car park serving Chibbanagh Plantation, a popular recreational area for walkers, cyclists and horse riders.
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The Council of Ministers approved the application because the siting of a single mobile food and catering unit is 'socially and physically beneficial in relation to wider recreational activity and wou…
General Policy 3
GP3 prohibits development outside zoned areas except for buildings or works required for interpretation of the countryside, its wildlife or heritage. The officer assessed the mobile unit as fitting exception (h) by providing refreshments that facilitate and interpret recreational enjoyment of the plantation, without harming character.
Environment Policy 1
EP1 protects countryside unless overriding national need outweighs protection. The proposal was found not to adversely affect the countryside due to its location in an existing car park and temporary nature, with recreational benefits providing justification.
Environmental Policy 22
EP22 prevents unacceptable harm to environment or nearby amenity. No harm identified to character, appearance, or 280m distant neighbour; conditions control hours and lighting to safeguard amenity.
Environment Policy 4
EP4 protects biodiversity. No tree loss or ecological harm noted; site not in flood risk area.
Business Policy 1
BP1 supports employment growth. The unit provides opportunity for new business in recreational context.
Time limit for commencement
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Temporary 5-year limit or cessation
At the expiration of a period of 5 years from the date of this approval, or when the food unit ceases to be operational, whichever shall occur first, the use and siting of a mobile food and catering unit shall cease and be removed. Reason: To clarify the terms of the approval to meet a specific identified need and to enable the impact of the temporary development on the amenity of the surrounding area to be reviewed and to ensure that if the use/unit is no longer in use it is removed from the site, in the interests of the visual amenity of the immediate and surrounding area.
Operating hours restriction
The operation of the mobile catering unit hereby permitted shall be closed and the use cease between 18.30 or dusk (whichever time is earlier) and 06.00 hours. For the avoidance of doubt dusk shall be defined as 30 minutes before sunset. Reason: To enable the Department to regulate and monitor the proposal and to prevent anti-social behaviour.
Single unit and siting limit
This approval is limited to the siting and operation of a single mobile food and catering unit. The siting of the unit shall be in accordance with the location and site plan ref CB1 and CB2. Reason: To clarify the terms of the approval and in the interests of the character and appearance of the countryside.
No external lighting
No external lighting, whether temporary or not, shall be installed either affixed to the mobile food and catering unit or to any other exterior support. Reason: In the interests of maintaining the intrinsic value of the character and appearance of the wider countryside and fauna of the Plantation.
Do not object but commented on number of vehicles, need for additional bins, and potential traffic increase (acceptable if parking capacity sufficient)
Raise no objections as the proposed vending vehicle parking and impact is considered small compared to the parking area available on the site
Highway Services HDC has no objection to application 23/01140/C, finding no significant negative impact on highway safety or parking. Marown Parish Commissioners raise queries on the proposal clarity, bin provision, and licensing but do not object, recommending a street trader licence condition.
Key concern: Requirement for Street Trader Licence approval from Commissioners as a condition
Highway Services HDC
No ObjectionAfter reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking, as the proposed vending vehicle parking and impact is considered small compared to the parking area available on the site.
Marown Parish Commissioners
Conditional No ObjectionIt is noted that the catering facility is to consist of mobile vehicle or vehicles. The Planning Statement S. 4 refers to both vehicle and vehicles; so it is not clear exactly what is proposed.; It is noted that additional bins will be placed if required in the car park. There is little doubt that they will be required and it will be for the vendors or the Department to service these bins.; The Commissioners disagree that the presence of this facility will not increase usage, but this is not necessarily a bad thing so long as the car park has sufficient capacity.
Conditions requested: Obtaining of [Street Trader Licence under the Pedlars and Street Traders Act 1906] should form a Condition of Approval should the Application be approved; Application must be made to and approval received from the Commissioners before the commencement of any operation
The application by DEFA sought permission for a temporary 5-year change of use of the Chibbanagh Plantation car park to site a single mobile catering unit providing food and drinks to forest users. There were no refusal reasons as this was a departmental application determined by the Council of Ministers, with the inspector's report assessing compliance with countryside development policies. The appellant argued the facility complements recreational use, supports health and economic strategies, and cites precedents of similar approvals in plantations. The inspector found no harm to character, appearance, or amenities, aligning with policies for recreational facilities in forests. Permission was recommended for 5 years subject to conditions controlling siting, hours, single unit, and no lighting. The portal confirms the application was permitted.
Precedent Value
Demonstrates GP3(h) exception successfully applied to mobile catering in plantation car parks for recreation; future applicants should stress user-focused amenities, temporary nature, and alignment with forest strategies, securing conditions for control.
Inspector: Frances Mahoney
