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Department of Environment Food and Agriculture, Planning & Building Control, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950
PLANNING STATEMENT
Statement on behalf of the Planning Authority relative to:
Temporary accommodation of food vending facility for a period of 5 years
Car Park Chibbanagh Plantation Cooil Road Braaid Isle Of Man
PA Reference 23/01140/C
Prepared on behalf of the Planning Authority by Planning Officer Ms Jill Nixon
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31 January 2024 23/01140/C Page 2 of 5
Preamble
The aim of this statement is to provide background information to the planning application, set out the relevant policies to consider in respect of the proposed development and make a recommendation.
The site is owned and managed by the Department of Environment, Food and Agriculture which the Planning Authority is part of. As a result, the application must be considered by an Independent Inspector and the decision taken by the Council of Ministers under 16 (1) (b) of the Town and Country Planning (Development Procedure) Order 2019.
The Department has no other interest in the proposal.
1.0 THE SITE 1.1 The application site is an open car park that has capacity for 57 cars, to the north of Chibbanagh Plantation which extends from the A24 Cooil Road to the Clenagh Road to the south. The car park slopes downward from south to north.
1.2 The closest residential property to the site is Braaid Farm which is approximately 280m to the west
2.0 THE PROPOSAL 2.1 Permission is sought for the operation of one mobile catering facilities within the car park for a five year period.
2.2 The application is not for the parking of the food van as planning approval is not required for this (provided they are not operational on site), but for the operation of the vehicle for the sale of food, which is a material change of use.
2.3 The permission is not for a specific operator and if approved may be implemented by different caterers, there are therefore no details of the appearance of the mobile unit or the type of food or beverages to be served included with the application
3.0 PLANNING POLICY 3.1 In terms of local plan policy, the site lies within an area designated on Area Plan for the East (2020) as not for any particular use and is further identified on the;
3.2 The application site is not within a Flood Risk Area and the proposal will not require the loss of any trees or tree works.
3.3 Chapter 5 of the written statement accompanying the plans relates to The Natural Environment. Section 5.13.1 states "... the plantations, have significant recreational amenity and there is scope to develop this further. Most of the working forests are open to the public and are popular with walkers, horse riders and cyclists and several are being developed for further recreation purposes through the addition of car parks and other facilities."
3.4 The Isle of Man Strategic Plan also contains the following policies that are considered specifically relevant to the assessment of the current planning application:
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3.5 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 (in part):
"(h) buildings or works required for interpretation of the countryside, its wildlife or heritage."
3.6 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 overriding 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."
3.7 Environment Policy 4 seeks to protect biodiversity.
3.8 Section 10.3: Open Space "10.3.1 The presence and use of various forms of Open Space in towns and villages on the Island form an integral part of the fabric of community life. Open Space takes various forms and serves many purposes. It ranges from formally laid parks to the wide and extensive public footpath network..."
10.3.2 Open Space forms part of our heritage as well as being an attractive and usable asset, and, in the wider context, provides visual and spiritual relief from the developed urban settlements on the Island. In addition, it provides recreational enjoyment in respect of various active and some less active forms of sporting activity. Open Spaces also provide a means of improving the health and fitness of the Island's population. Open Space is defined in this context as land used for recreational purposes, both formal and informal, including amenity space whether privately or publicly owned."
3.9 Environment Policy 22 seeks to prevent development that would unacceptably harm the environment or amenity of nearby properties in terms of a number of factors.
3.10 Business Policy 1 supports the growth of employment opportunities.
4.0 PLANNING HISTORY
4.1 15/00462/B Extension of the existing car park and creation of a picnic area -Approved.
4.2 It is noted that the applicant's supporting statement identifies a number of cases where approval for temporary food facilities have been approved.
5.0 REPRESENTATIONS 5.1 Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.2 Marown Parish Commissioners (20/10/23) The Commissioners have considered the application and do not object but have submitted comments. The planning related comments which are summarised as follows:
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5.3 Highways Services (06/10/2023) Raise no objections "...as the proposed vending vehicle parking and impact is considered small compared to the parking area available on the site"
5.4 DEFA Forestry Amenity and Lands - No comments received.
5.5 DEFA Ecosystems Policy - No comments received
6.0 ASSESSMENT
6.1 Given the nature of the application and the location of the proposed development the main consideration is the effect of the proposal on the character and appearance of the area.
6.2 The proposed scope of works seeks permission for the operation of a single vehicle/ mobile unit located in the existing car park to serve food and drink. Permission is not required to park the vehicle in the car park. While it is not anticipated that a vehicle will be permanently on site for the entire period, it may well be on site when it is not being operated. As the location is a car park it is not considered the proposed use will impact on the character or appearance of the area
6.3 The scheme is to further facilitate the use of the plantation as a recreational facility.
6.4 The comments from the commissioners are noted with respect to the need and management of additional bins. The plantation is managed by Agriculture and Lands Directorate, (DEFA) and they have undertaken to monitor the need and will supply additional provision if required, this approach will keep the visual impact on the plantation to a minimum. The bins can be installed without the need for a planning application.
6.5 Accordingly, it is considered the proposed development would be appropriate and therefore in accordance with the policies within Section 3 of this report.
7.0 CONCLUSION 7.1 No recommendation is made as this is a Department application, however conditions have been identified in the event that the application is approved.
8.0 INTERESTED PERSON STATUS 8.1 As the application is to be considered by the Council of Ministers, following consideration by an independent inspector, the assessment of interested person status is not relevant as all those who make written representations are entitled to have their written representations considered and in the case of any inquiry into the matter, to attend such an inquiry and make oral representation (Town and Country Planning (Development Procedure) Order 2019, Article 19).
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
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31 January 2024 23/01140/C Page 5 of 5 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.
C 2. 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.
C 3. The proposal hereby permitted shall be closed 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.
C 4. This approval is limited to siting and operation of a single mobile food and catering unit.
Reason: To clarify the terms of the approval.
Plans/Drawings/Information on which recommendations have been based and upon which any approval should rely. This decision relates to the following plans/drawings received on 27/09/2023
Location Plan Proposed Site
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