Loading document...
==== PAGE 1 ====
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:
Extension of the existing car park and temporary accommodation of a food vending facility for a period not exceeding five years within the existing car park
Conrhenny Carpark Conrhenny Plantation / Community Woodland Creg-ny-baa Back Road Creg Ny Baa Onchan Isle Of Man
PA Reference 23/01138/B
Prepared on behalf of the Planning Authority by Planning Officer Ms Jill Nixon
==== PAGE 2 ====
31 January 2024 23/01138/B Page 2 of 11
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 part of the Conrhenny Plantation which sits to the south of the Creg na Baa back road which links Laxey (via the Axnfell Road) with Onchan.
1.2 The site comprises of an existing car park with provision for 24 spaces and an area adjacent to the south, where the proposed car park extension would be located. The land adjacent to the existing car park is a relatively open area of the Plantation that accommodates a picnic table shrubs and some mounding
1.3 The nearest residential property to the site is Ballalheaney Gardens, located over 600m away to the north east
2.0 THE PROPOSAL 2.1 This application has two elements one seeking full planning permission for a permanent extension to the car park provision and the other a temporary change of use for the operation of a single mobile catering facilities within the existing car park for a five year period.
Proposed Car Park Extension
2.2 The proposed extension to the car park would accommodate approximately 21 additional cars, the existing car park has provision for 24 cars so there would be a total provision for approximately 45 cars.
2.3 The land would require scraping and re-profiling, and the south western and south eastern boundaries would be formed by a new 1.2m high sod bank constructed from material excavated from the levelling of the car parking area.
2.4 It is proposed that the existing pathways to the south west and north east of the existing car park would be formalised with a stone surface and timber edging,
2.5 A new drain would be laid from an existing ditch that runs through the proposed car park area through the south western edge of the existing car park and to an existing surface water system with inspection chamber alongside the front boundary of the site.
2.6 It is proposed to install new timber post and wire fence between the existing ditch and proposed parking areas and to separate the existing lane from the proposed new car park.
==== PAGE 3 ====
31 January 2024 23/01138/B Page 3 of 11 2.7 The proposed car park extension would use the existing link to the existing car park which would be reinforced with GroundTrax CellPave anchored ground reinforcement system. A one way system will operate with appropriate signage will be operated within the car park.
Proposed Temporary Food Vehicle/ Mobile Unit
2.8 Permission is sought for the operation of one mobile catering facilities within the existing car park for a five year period.
2.9 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.
2.10 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;
The application site is not within a Flood Risk Area.
3.2 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."
3.3 The Isle of Man Strategic Plan also contains the following policies that are considered specifically relevant to the assessment of the current planning application:
3.4 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):
"(f) building and engineering operations which are essential for the conduct of agriculture or forestry; (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."
3.5 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."
3.6 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..."
==== PAGE 4 ====
31 January 2024 23/01138/B Page 4 of 11
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."
4.0 PLANNING HISTORY
4.1 19/00196/B Resurfacing and installation of drainage to the existing car park - 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 Garff Commissioners (04/12/23) The Commissioners have considered the application and provided the following comments;
Concerns were expressed about the difficulties of exiting the car park safely with the current configuration and limited visibility splay to the left. The clerks were instructed to make comment on the adequacy of the visibility splays and to request that the Department consider ensuring that the proposed mobile takeaway is as 'in-keeping' with the character of the area as possible to reduce its visual impact:
It was felt that a more permanent well-designed structure could be more appropriate.
Sensitive landscaping/mitigation could also be considered for the current car park and proposed car park extension.
Notwithstanding these matters, the 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.
5.3 Highways Services (03/11/2023) Raise no objections finding it to have "...no significant negative impact upon highway safety, network functionality and/or parking."
5.4 DEFA Forestry Amenity and Lands - No comments received.
5.5 DEFA Ecosystems Policy - No comments received
5.6 The owner/occupier of No 2 Glen View, South Cape, Laxey, has raised objections relating to both aspects of the proposal with regards to the impact on visual amenity and highway safety (20/11/23)
6.0 ASSESSMENT
6.1 Given the nature of the application and the location of the proposed development the main considerations are the effect of the proposal on the character and appearance of the area and highway safety.
==== PAGE 5 ====
31 January 2024 23/01138/B Page 5 of 11 6.2 With respect to the proposed car park extension it is not considered that the proposal would result in the loss of an area of the plantation of high landscape value, it is nevertheless accepted that the works will result in a relatively small area to provide the facility The materials for surfacing and fencing to be used are indicated as typical of those used in the countryside throughout the Island.
6.3 The proposal includes a mound that would screen aspects of the car park and the supporting statement states the mound will be landscaped. Mindful of the concerns raised in relation to the quality of the existing landscaping and the need for more effective screening it is proposed that a condition for the submission of a landscaping scheme be submitted.
6.4 The temporary permission sought is 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. The site is owned and managed by Agriculture and Lands Directorate, (DEFA) and they have undertaken to monitor the need for any additional refuse bins 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 It is not considered the proposed use of a vehicle/ mobile unit to sell food and drink within the existing car park will impact on the character or appearance of the area. Furthermore it is considered that allowing this change of use would have less impact on the existing character of the plantation than a permanent building/ structure.
Impacts on Highway Safety 6.6 With regard to impact of the scheme on highway safety, it is noted that the proposed development would extend the existing parking facility which provides parking for visitors of the Plantation
6.7 With respect to the concerns raised regarding the junction/visibility highways have confirmed that the safety of the junction was considered as part of their assessment and further commented that "...the site is an existing car park operated for a number of years, and 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
7.0 CONCLUSION 7.1 Both the proposed car park extension and proposed food/ drink mobile unit are proposed to further facilitate the use of the plantation as a recreational facility.
7.2 Accordingly, it is considered the proposed development would be appropriate and therefore in accordance with the policies within Section 3 of this report.
8.0 RECOMMENDATION 8.1 It is not considered that the proposal which will improve facilities for users of the woodland for recreation, will adversely affect the overall character and appearance of the area. The proposal is therefore considered to accord with DEFA's long term strategy to maximise recreational potential for the Forest Estate and the Sport and Recreation Strategy and as such is recommended for approval
==== PAGE 6 ====
31 January 2024 23/01138/B Page 6 of 11 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).
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 part of the Conrhenny Plantation which sits to the south of the Creg na Baa back road which links Laxey (via the Axnfell Road) with Onchan.
1.2 The site comprises of an existing car park with provision for 24 spaces and an area adjacent to the south, where the proposed car park extension would be located. The land adjacent to the existing car park is a relatively open area of the Plantation that accommodates a picnic table shrubs and some mounding
1.3 The nearest residential property to the site is Ballalheaney Gardens, located over 600m away to the north east
2.0 THE PROPOSAL 2.1 This application has two elements one seeking full planning permission for a permanent extension to the car park provision and the other a temporary change of use for the operation of a single mobile catering facilities within the existing car park for a five year period.
Proposed Car Park Extension
2.2 The proposed extension to the car park would accommodate approximately 21 additional cars, the existing car park has provision for 24 cars so there would be a total provision for approximately 45 cars.
2.3 The land would require scraping and re-profiling, and the south western and south eastern boundaries would be formed by a new 1.2m high sod bank constructed from material excavated from the levelling of the car parking area.
2.4 It is proposed that the existing pathways to the south west and north east of the existing car park would be formalised with a stone surface and timber edging,
==== PAGE 7 ====
31 January 2024 23/01138/B Page 7 of 11 2.5 A new drain would be laid from an existing ditch that runs through the proposed car park area through the south western edge of the existing car park and to an existing surface water system with inspection chamber alongside the front boundary of the site.
2.6 It is proposed to install new timber post and wire fence between the existing ditch and proposed parking areas and to separate the existing lane from the proposed new car park.
2.7 The proposed car park extension would use the existing link to the existing car park which would be reinforced with GroundTrax CellPave anchored ground reinforcement system. A one way system will operate with appropriate signage will be operated within the car park.
Proposed Temporary Food Vehicle/ Mobile Unit
2.8 Permission is sought for the operation of one mobile catering facilities within the existing car park for a five year period.
2.9 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.
2.10 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;
The site is identified as Plantation on the Environmental Constraints Map accompanying the Area Plan with no further constraints identified. There are no Infrastructural Constraints identified on the relevant map, the site lying outside of the area deemed unsuitable for development due to a danger of pollution to a water supply. There are no Community Constraints identified although the community woodland to the west has been identified there a Dark Skies site.
The application site is not within a Flood Risk Area.
3.2 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."
3.3 The Isle of Man Strategic Plan also contains the following policies that are considered specifically relevant to the assessment of the current planning application:
3.4 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):
"(f) building and engineering operations which are essential for the conduct of agriculture or forestry; (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."
==== PAGE 8 ====
31 January 2024 23/01138/B Page 8 of 11
3.5 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."
3.6 Environmental Policy 4 states that development will not be permitted which would adversely affect species or habitats of international, national or local importance
3.7 Environmental Policy 22 specifies “Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution.”
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 Business Policy 1: The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan.
4.0 PLANNING HISTORY
4.1 19/00196/B Resurfacing and installation of drainage to the existing car park - Approved.
4.2 The planning statement submitted with application lists a number of proposals across the islands where similar proposals have been approved on sites including Plantations which are not designated for development.
5.0 REPRESENTATIONS 5.1 Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.2 Garff Commissioners (04/12/23) The Commissioners have considered the application and provided the following comments;
==== PAGE 9 ====
31 January 2024 23/01138/B Page 9 of 11
Concerns were expressed about the difficulties of exiting the car park safely with the current configuration and limited visibility splay to the left. The clerks were instructed to make comment on the adequacy of the visibility splays and to request that the Department consider ensuring that the proposed mobile takeaway is as 'in-keeping' with the character of the area as possible to reduce its visual impact:
It was felt that a more permanent well-designed structure could be more appropriate.
Sensitive landscaping/mitigation could also be considered for the current car park and proposed car park extension.
Notwithstanding these matters, the 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.
5.3 Highways Services (03/11/2023) Raise no objections finding it to have "...no significant negative impact upon highway safety, network functionality and/or parking."
5.4 DEFA Forestry Amenity and Lands - No comments received.
5.5 DEFA Ecosystems Policy - No comments received
5.6 The owner/occupier of No 2 Glen View, South Cape, Laxey, has raised objections relating to both aspects of the proposal with regards to the impact on visual amenity and highway safety (20/11/23)
6.0 ASSESSMENT
6.1 Given the nature of the application and the location of the proposed development the main considerations are the effect of the proposal on the character and appearance of the area and highway safety.
6.2 With respect to the proposed car park extension it is not considered that the proposal would result in the loss of an area of the plantation of high landscape value, it is nevertheless accepted that the works will result in a relatively small area to provide the facility The materials for surfacing and fencing to be used are indicated as typical of those used in the countryside throughout the Island.
6.3 The proposal includes a mound that would screen aspects of the car park and the supporting statement states the mound will be landscaped. Mindful of the concerns raised in relation to the quality of the existing landscaping and the need for more effective screening it is proposed that a condition for the submission of a landscaping scheme be submitted.
6.4 The temporary permission sought is 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. The site is owned and managed by Agriculture and Lands Directorate, (DEFA) and they have undertaken to monitor the need for any additional refuse bins 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.
==== PAGE 10 ====
31 January 2024 23/01138/B Page 10 of 11 6.5 It is not considered the proposed use of a vehicle/ mobile unit to sell food and drink within the existing car park will impact on the character or appearance of the area. Furthermore it is considered that allowing this change of use would have less impact on the existing character of the plantation than a permanent building/ structure.
Impacts on Highway Safety 6.6 With regard to impact of the scheme on highway safety, it is noted that the proposed development would extend the existing parking facility which provides parking for visitors of the Plantation
6.7 With respect to the concerns raised regarding the junction/visibility highways have confirmed that the safety of the junction was considered as part of their assessment and further commented that "...the site is an existing car park operated for a number of years, and 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
Ecology
6.8 The proposed scheme does not include lighting and although the proposed car park extension would provide facilities for additional parking it is not considered that the proposal will result in any unacceptably harm to the environment and/or the amenity of nearby properties
7.0 CONCLUSION 7.1 Both the proposed car park extension and proposed food/ drink mobile unit are proposed to further facilitate the use of the plantation as a recreational facility.
7.2 Accordingly, it is considered the proposed development would be appropriate and therefore in accordance with the policies within Section 3 of this report.
8.0 Conclusion 8.1 It is not considered that the proposal which will improve facilities for users of the woodland for recreation, will adversely affect the overall character and appearance of the area. The proposal is therefore considered to accord with DEFA's long term strategy to maximise recreational potential for the Forest Estate and the Sport and Recreation Strategy.
8.2 No recommendation is made as this is a Department application, however conditions have been identified in the event that the application is approved
9.0 INTERESTED PERSON STATUS 9.1 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).
==== PAGE 11 ====
31 January 2024 23/01138/B Page 11 of 11
C 1. 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.
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 temporary food unit 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 27.10.2023
Location plan 01B Proposed site plan 03B Vehicle tracking plan 04A Site sect6ions and details 10
Copyright in submitted documents remains with their authors. Request removal
