11 March 2024 · Council of Ministers
Conrhenny Plantation, Creg-Ny-Baa Back Road, Creg Ny Baa, Onchan, Isle Of Man, IM4 6as
The site is an existing car park within Conrhenny Plantation, a public recreational woodland south of Creg-ny-baa Back Road, with the nearest homes over 600m away. The proposal includes scraping and re-profiling adjacent open land for 21 additional parking spaces (total 45), 1.2m sod banks from excavated material, form…
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The Council of Ministers determined the car park extension and mobile food unit are socially and physically beneficial for recreational activity without adversely affecting the area's character and ap…
General Policy 3
Prohibits development outside zoned areas except for essential agriculture/forestry operations (f) or works for countryside interpretation (h). Officer and Inspector found car park extension qualifies under these exceptions to support recreational access to plantation, with benefits outweighing countryside harm.
Environment Policy 1
Protects countryside unless overriding national need with no alternative. Recreational benefits for plantation users, including health and education, constituted overriding need; minor landscape harm from small-scale extension mitigated by sod banks and landscaping.
Environmental Policy 22
Prevents unacceptable harm to environment/amenity from pollution, emissions, noise etc. No lighting proposed, temporary unit has minimal impact, drainage improvements included; no harm to nearby properties (600m+ away) or adjacent Dark Sky site with lighting condition.
Environment Policy 4
Prevents adverse effects on important species/habitats. Conditions secure lizard method statement, bat-friendly lighting, native planting, and Heras fencing to protect habitats during works.
Business Policy 1
Encourages employment growth if policy-compliant. Temporary unit supports small-scale business in recreational context without countryside harm.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Temporary use cessation
In respect of the mobile food and catering unit only, 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.
Operating hours
The operation of the mobile food and 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.
Siting and completion
This approval, in so far as it relates to the siting and operation of a single mobile food and catering unit, must be sited in accordance with the Proposed Site Plan dwg no 20-002 03 rev B and maintained as such. The extension to the car park shall be constructed and laid out in accordance with the same plan and completed in all respects prior to the commencement of the use of the new parking spaces.
External lighting scheme
No external lighting shall be installed except in accordance with a detailed external low level lighting scheme which complies with the recommendations outlined in the BCT and ILP Guidance Note 8 Bats and Artificial Lighting (2023), which must be submitted to and approved in writing by the Planning Department prior to the installation of any external illuminations. Any external lighting shall be installed and maintained solely in accordance with the agreed scheme. This condition applies equally to the car park extension as to external lighting on the mobile food and catering van.
Lizard working method statement
No part of the works hereby approved to extend the car park shall commence until a Precautionary Working Method Statement for Common Lizard - Zootoca Vivipara, has been submitted to the Department and approved in writing. The agreed details of the Working Method Statement, which should include a timetable for implementation if appropriate, shall be implemented in accordance with the terms of the Statement and the agreed timetable.
Sod bank construction
Before the extension to the car park hereby permitted is first bought into use the proposed new sod bank shall be constructed in accordance with the Typical Sod Bank Section and the other details shown on the Proposed Site Plan (Dwg No 20-002 03 rev B). The bank shall then be maintained in accordance with those prescribed details.
Native planting scheme
Before work commences on the car park hereby permitted a comprehensive scheme of planting of native species covering the full length of the new sod bank boundary shall be submitted to and approved in writing by the Planning Authority. The scheme shall include a specification for the proposed plant species, along with planting guides and a timetable for the implementation of the scheme. The scheme shall be carried out in accordance with the agreed timetable. Any trees or plants which within a period of 5 years from the commencement of planting of the sod bank, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.
Construction fencing
The temporary Heras fencing must be installed and maintained throughout the construction period of the approved car park extension works, in line with the details contained in the Proposed Site Plan (Dwg No 20-002 03 rev B). No construction activities shall take place outside of the designated construction area, and any fencing which becomes damaged throughout construction must be replaced immediately.
no objections, no significant negative impact upon highway safety, network functionality and/or parking
no objection but recommended conditions for wildlife protection
Highway Services HDC raised no objections to the car park extension, Ecosystem Policy Officer had no objection subject to specific ecological conditions, Garff Commissioners supported the proposal despite visibility concerns, while a local resident strongly objected due to visual impact and highway safety.
Key concern: egress onto Creg Ny Baa Back road extremely dangerous and completely blind for cars exiting turning right
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.; there has been no accidents at the junction in the last 5 years, therefore any changes to movements at the existing access would not be opposed by HDC.
Conditions requested: No new landscaping should be on the vehicular entrance or adjacent to the adopted highway
Garff Commissioners
Conditional No Objectionthe consensus was that these proposals would encourage more visitors to the plantation and the vicinity which would have positive benefits for the Garff area and the Board supports the intention of the Department to improve the amenity value of the location.
Conditions requested: consider ensuring that the proposed mobile takeaway is as ‘in-keeping’ with the character of the area as possible; Sensitive landscaping/mitigation could also be considered for the current car park and proposed car park extension
Ecosystem Policy Officer
Conditional No ObjectionThe Ecosystem Policy Team have no objection to this application. However, we believe that a number of conditions need to be secured on approval
Conditions requested: No external lighting shall be installed except in accordance with a detailed external low level lighting scheme which complies with the recommendations outlined in the BCT and ILP Guidance Note 8 Bats and Artificial Lighting (2023), which has been submitted to and approved in writing by the Planning Department.; No works to commence unless a Precautionary Working Method Statement for Common lizard Zootoca vivipara, has been submitted to the Department and approved in writing.; The new sod bank must be installed in line with the details contained in the Proposed Site Plan (Drg No. 03 Rev B) and maintained thereafter.; The temporary heras fencing must be installed and maintained throughout the construction period, in line with the details contained in the Proposed Site Plan (Drg No. 03 Rev B). No construction activities should take place outside of the designated construction area, and any fencing which becomes damaged throughout construction must be replaced.
Resident 2 Glen View
Objectionthis application does NOT properly show the access onto the public road or visibility splays / sightlines etc.; The proposal by virtue of extending the car park and creating additional traffic through both its extension and by the provision of catering facilities will increase the eyesore and increase the risk of accidents from this very sub-standard access. It should not be permitted.; As a resident of Laxey, walker and frequent user of the Creg Ny Baa Back Road, I strongly object to this proposal.
Resident South Cape, Laxey
ObjectionAs a resident of Laxey, walker and frequent user of the Creg Ny Baa Back Road, I strongly object to this proposal.
The application by DEFA sought permission for a permanent car park extension (21 spaces) and temporary 5-year siting of a mobile food vending unit in Conrhenny Community Woodland car park, in an undesignated countryside location. There was no prior refusal; this was a departmental application determined by the Council of Ministers. The applicant argued it supports recreational use, health benefits, and policy exceptions under IMSP GP3 for countryside interpretation. The planning authority supported it, noting minimal visual impact and no highway safety issues. The inspector found minor harm to countryside character from the car park extension but concluded benefits for recreation and public access outweighed this, recommending full approval subject to conditions including temporary permission for the unit, no lighting without approval, and landscaping.
Precedent Value
Demonstrates that in plantations, recreation benefits can override minor countryside harm under GP3 exceptions, especially with community/education elements and precedents; future applicants should secure technical consultee support and propose mitigation conditions.
Inspector: Frances Mahoney