249481 — 23/01138/B | Planning Portal IoM | Isle of Man Planning Portal

==== PAGE 1 ====

__ CABINET OFFICE Government Office Douglas Isle Of Man IM1 3PN Telephone (01624) 685280 Email: [email protected] 11th March 2024 CO Copy Letter Our Ref: DF23/0001 Dear Sir/Madam, PA No: 23/01138/B Proposal: 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 Address: Conrhenny car park, Conrhenny Plantation/Community Woodland, Creg-ny-baa Back Road, Creg Ny Baa, Onchan I can confirm that at its sitting on 29th February 2024 the Council of Ministers determined to approve the application subject to the conditions below. Reason for Approval Reason: The extension of the car park at Conrhenny Plantation in conjunction with the siting of a single mobile food and catering unit are considered to be acceptable as socially and physically beneficial in relation to wider recreational activity and would not adversely affect the overall character and appearance of the area, achieving compliance with IMSP Policy GP3. The proposed temporary five-year permission in relation to the mobile food and catering unit is appropriate as a trial run in order to assess the wider effects of the change of use. Therefore, the proposal would be in accordance with the Strategic Plan, DEFA's long term strategy to maximise recreational potential for the Forest Estate, the Sport and Recreation Strategy and Government Economic Strategy 2022 - 2032. Conditions of Approval 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.

==== PAGE 2 ====

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.

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.

Reason: To enable the Department to regulate and monitor the proposal and to prevent anti-social behaviour.

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.

Reason: To clarify the terms of the approval and in the interests of the character and appearance of the countryside.

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.

Reason: To provide adequate safeguards for the ecological species existing on the site and in the interests of maintaining the intrinsic value of the character and appearance of the wider countryside as well as not becoming an impediment to the enjoyment of the adjacent Dark Sky site.

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.

Reason: For the protection of common lizards which have been recorded in the habitat around the carpark and which are legally protected under the Wildlife Act 1990.

==== PAGE 3 ====

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.

Reason: To mitigate against the loss of the grassland habitat to facilitate the placement of the new car park.

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.

Reason: In the interests of enhancing the biodiversity of the locality and character of the countryside.

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.

Reason: To protect the surrounding habitat from potentially damaging construction activities.

All parties should note that there is no prescribed right of appeal relevant to Council’s decision herein, and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within 3 months.

Yours sincerely,

A JOHNSTONE

Mr Andy Johnstone On behalf of the Chief Executive Officer

==== PAGE 4 ====

Report on Planning Application - written representation case

Reference No: DF23/0005 Planning Application: 23/01138/B Site: Conrhenny Car Park, Conrhenny Plantation/Community Woodland, Creg-ny-baa, Back Road, Creg Ny Baa, Onchan

The application, made by the Department of Environment, Food and Agriculture, seeks planning permission for the extension of the existing car park and temporary accommodation of a food vending facility for a period not exceeding 5 years within the existing car park.

Preliminary matters

The application site is owned and managed by the Department of Environment, Food and Agriculture of which the Planning Authority forms part. As a Departmental application, the proposal falls to be determined by the Council of Ministers under the provisions of section 16(1)(b) of the Town and Country Planning (Development Procedure) Order 2019.
For the avoidance of doubt, the plans that inform my recommendation are the Proposed Site Plan dwg no 20-002-03 rev B and Location Plan dwg no 20-002-01 rev B. The site and its surroundings
The application site comprises the established car park at Conrhenny Community Woodland and adjoining land to the south. The car park is hard surfaced, finished in crushed stone and enclosed by post and rail fencing. It lies in an open location with expansive, panoramic views across the Island towards the sea. The application site slopes up from the road with defining frontage banks and a back-drop of the coniferous forest. An informal picnic area with benches currently occupies the site of the extended car park.
Vehicular access is taken off the Creg na Baa back road which links Laxey (via the Axnfell Road) with Onchan.
The existing car park appears well used by walkers and cyclists alike as does the picnic area. The car park also includes some waste bins.
The application site’s nearest neighbour is some 600 metres away to the north-east.
As a Community Woodland consisting of 58 hectares, Conrhenny is a growing venue for community involvement, with a 5 hectare Children's Wood located in the heart of the forest. Created as a tree education initiative, the woodland comprises of more than 5,000 native trees, planted over a 10 year period by local primary school children. Conrhenny is also a great place for recreation with a good network of paths, a pond and far-reaching views over Douglas.

==== PAGE 5 ====

__ 8. It features a number of way-marked mountain bike and footpath trails, and Conrhenny's particularly flat terrain is also popular with dog walkers, runners and horse riders. Planning history1 9. 19/00196/B -Re-surfacing of existing car park and installation of surface water drainage - was approved.

Proposed development 10. The application is for planning permission for a permanent extension to the existing car park2 and a temporary change of use of the existing car park to allow for the operation of a mobile catering facility for a five-year period. The proposed siting of the catering unit is specified on the Site Plan and has been considered accordingly. 11. Due to a change in levels up from the road the proposed car park extension3 would require scraping to achieve a re-profiling of the site levels to create a level surface suitable for the car park. The resultant spoil is proposed to be used to create a planted sod bank along the new boundary of the car park extension to the west. 12. The proposed extension would take access through the existing car park. Existing pathways would be surfaced in crushed stone with timber edging and the existing drainage system improved to accommodate any surface water run-off. 13. In respect of the mobile food vending facility, the type of catering unit is not specified but could include a converted trailer or horse box or a van. It would be capable of providing hot and cold drinks and food, although the food offer is likely to be limited by the size and capability of the facility itself to provide cooking facilities. At this stage no end user has been secured. 14. The application site is not within a Flood Risk Area and the proposal will not require the loss of any trees or tree works. Planning Policy4 15. The application site lies within an area designated on Area Plan for the East (2020) as not for any particular use. The site is identified as Plantation on the Environmental Constraints Map accompanying the Area Plan with no further constraints identified. The Community Woodland is also identified as is the adjacent Dark Sky site. 16.The accompanying text in Chapter 5 of the written statement which relates to the Natural Environment sets out that 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

1 Most relevant. 2 Existing car park is some 24 parking spaces. 3 21 new parking spaces. 4 Most relevant.

==== PAGE 6 ====

__ riders and cyclists and several are being developed for further recreation purposes through the addition of car parks and other facilities5.

The application site is not within a designated area of High Landscape or Coastal Value and Scenic Significance.
The Isle of Man Strategic Plan 2016 (IMSP) General Policy 3 (GP3) sets out the exceptions to the limitation that development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan. The relevant exceptions to this policy in this case are: (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.

19.IMSP Environment Policy 1 (EP1) emphasises that the countryside will be protected for its own sake unless there is over-riding national need in land use planning terms which outweighs the requirement to protect these areas.

IMSP Policy EP22 seeks to prevent development that would unacceptably harm the environment or amenity of nearby properties.
IMSP Section 10.3 deals with Open Space and considers that 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 network6. 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 owned7.
IMSP Business Policy 1 (BP1) supports the growth of employment opportunities. The case for the Applicant (DEFA)8
This application is seeking permission for a temporary period for the application site to accommodate a catering vehicle to provide hot and

5 Para 5.13.1. 6 Para 10.3.1. 7 Para 10.3.2. 8 Source the Planning Statement of the Applicant.

==== PAGE 7 ====

__ cold drinks and food9. It is not intended that these facilities will attract additional people to the site who would just utilise the catering facilities and then leave but would provide facilities for those who are visiting the site and walking, cycling or otherwise enjoying the amenities that the forest has to offer. The mobile unit would be sited on the existing car park. 24. The period being sought for the accommodation of the vehicle is five years to enable the Department to ascertain if there is a demand for, and benefit from such facilities, and if so, they would consider the development of more permanent facilities in this location. After this time the vehicles would no longer be operating from the site unless a further approval were sought and granted. 25. The catering facility is proposed to operate during daylight hours (times between dawn and dusk, depending on the operator) and there would be no additional lighting10. 26. It is intended that the successful business would support the recreational use of their area with their menus appropriate for the users of the plantation and should support the Food Matters Strategy. The food offered is anticipated to be coffee and cake based, vegetarian, artisan food offerings, local grown meat products. The Department is not looking for typical fast-food facilities and each business would need to demonstrate that it will provide uniqueness that befits the setting. The vehicles may be removed from the site at the end of each session, or remain on site but not in operation, depending upon the operator. The mobile catering facility would complement the current offer. 27. The car park already has litter bins, and the seating facilities are on the site of the proposed extension to the car park which would be re- located close to the site of the mobile catering unit. Additional bins and seating would be provided if required. 28. The proposal also includes the extension of the existing car park, including hard surfacing associated paths, improving surface water drainage across the site, establishing a screening bank with appropriate landscaping and dividing post and rail fencing. 29. Other relevant proposals have been permitted on other sites. Recreation facilities and a temporary toilet facility at Ape Mann, South Barrule plantation was permitted11, and across the road from Ape Mann, Laser Mayhem has been developing and has a cafe, accommodated in an existing building. An application for the installation of containers to provide kitchen and classroom/office facilities was also approved at Laser Mayhem to support facilities for recreation12. A proposal at Watertrough Park for alterations to the

9 This is one of three applications for the same temporary change of use in similar plantation car park locations. 10 Secured by condition. 11 14/00725/B. 12 17/00149/B.

==== PAGE 8 ====

__ existing building to provide cooking facilities and a coffee shop was also approved13. At Chibbanagh Plantation approval was granted for an extension to the existing car park and creation of a picnic area14. An extension to the car park at Archallagan Plantation was also approved for up to 100 parking spaces to support recreational activity in this location15.

Conclusion - The site is not designated for development, but it is clear from the Strategic Plan and the decisions taken in respect of applications for facilities in the Department’s forests and plantations throughout the Island, that the amenity and recreation value of these areas is a valuable asset. Their improvement and the encouragement of people to use them has a resultant improvement in the mental and physical health of the Island’s population.
The application satisfies the requirements of the Strategic Plan and in respect of the presumption against development, is acceptable on the basis that the facility is required for interpretation of the countryside, its wildlife or heritage (IMSP Policy GP 3(h)) as was concluded in the case of the applications for the car parks at Archallagan, Chibbanagh and Laser Mayhem.
The recent Government Economic Strategy 2022 - 2032 aims to create a secure, vibrant and sustainable future for the Island, improved health and well-being, and by actively investing in key services and infrastructure that attract and retain economically active people, supported by a range of incentives and disincentives to sustain targeted growth, with the Island becoming an even more attractive place to live. These investments include culture, light and transport facilities, whilst protecting the natural environment and expanding and improving facilities and activities for children, young people and families.
The proposed facility is aimed at improving existing facilities and making outdoor recreation a more attractive proposition for the Island’s population. The temporary nature of the catering unit will enable the Department, and those living in the vicinity of the site, and those who will use them, to gauge whether the facility is desirable, correctly located and serviced and to ensure that there are no environmental issues before something more permanent may be considered.
Whilst temporary, the catering vehicle would not be unsightly and are often quirky and would not have any adverse or permanent impact on the character or appearance of the area. The site already has information boards, a hard surfaced car park and fencing. There will be no loss of trees, no harm to ecology and no disturbance to or

13 16/00277/B. 14 15/00462/B. 15 20/00854/B.

==== PAGE 9 ====

__ pollution of adjacent land. It should be noted that this site is already well used and is a popular recreational destination with a community woodland increasing the range of uses and users. 35. The extended car parking facilities are a response to the high level of use of this car park which is regularly used by those visiting the plantation as well as those associated with events such as the motorcycle trial. There is little, if any safe on-road parking in the vicinity, and it is important that the use of the plantation is supported by appropriate levels of car parking. 36. Conditions would be welcomed which could be attached to any approval which may be granted which would restrict the permission to a temporary period of five years starting from the date of the permission, should it be granted; for a restriction on any lighting, for the operation to be no earlier than dawn nor later than dusk on any day. The Department already supervises each site for litter bin provision and emptying and the maintenance and provision of seating and tables and this would continue should the catering facilities come forward and additional facilities installed if required. Case of the Planning Authority 37.Given the nature of the application and the location of the proposed change of use, the main consideration is the effect of the proposal on the character and appearance of the area and on highway safety.

38.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, and it is accepted that the land required to provide the extended car park is comparatively small. The materials for surfacing and fencing to be used are typical of those used in the countryside throughout the Island.

39.The proposal includes a landscaped mound that would screen aspects of the car park. 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 requiring submission of an appropriate landscaping scheme be submitted.

40.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 and would certainly have less visual impact than a permanent structure.

41.The scheme is to further facilitate the use of the plantation as a recreational facility.

42.In respect of any possible need for 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

==== PAGE 10 ====

__ 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.

Highway Safety 43. The proposed development would extend the existing parking facility which provides parking for visitors to the Plantation. In respect of the junction/visibility, Highway Services has confirmed that the safety of the junction was considered as part of their assessment and their assessment was that the site as an existing car park has 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 in this regard.

Ecology 44.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 would result in any unacceptable harm to the environment and/or the amenity of nearby properties.

The Eco policy team have no objection but have recommended a number of conditions relating to the proposed car park extension work, to ensure that the area's wildlife is suitable protected. These conditions have been included in the recommended list.

Conclusion 46. Both the proposed car park extension and temporary food/ drink mobile unit would facilitate the use of the plantation as a recreational facility.

Accordingly, it is considered the proposed development and change of use would be appropriate and therefore, in accordance with the relevant planning policies. It would also facilitate improvements for users of the woodland for recreation, without adversely affecting 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.

Representations 48. Garff Commissioners - 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.

==== PAGE 11 ====

__ 49. Highways Services - Raise no objections finding it to have no significant negative impact upon highway safety, network functionality and/or parking.

DEFA Forestry Amenity and Lands - No comments received.
DEFA Ecosystems Policy - No objection to this application. However, we believe that a number of conditions need to be secured on approval in order to ensure that the area's wildlife is suitable protected.
Resident of South Cape, Laxey, has raised objections relating to both aspects of the proposal with regards to the impact on visual amenity and highway safety.

Assessment by the Inspector Comments on the above representations. 53. Garff Commissioners & South Cape resident - the proposed change of use of the car park is for the stationing of a single mobile food and catering unit with siting specified by condition. As explained above this could be a trailer or converted horse box or a purpose made vehicle. However, it would be a single unit and a condition is proposed to be imposed to secure this. Its visual impact would be no more than other vehicles parked in the car park. The Applicant wishes to assess the need for the catering facility before committing to a permanent building which is a reasonable strategy in the circumstances of the site’s countryside location and the importance of minimising visual impacts. 54. The concerns expressed in respect of the suitability of the existing access point in terms of visibility when emerging onto Creg na Baa back road was not matters of objection by Highway Services. The car park access has been used for some time and is well-used hence this application to extend the car park. I have no doubt that had there been an issue in respect of highway safety at this junction Highway Services would have raised it. There have been no reports of accidents at this junction in recent years. Therefore, I do not propose to consider this matter further. 55. In respect of landscape/mitigation I agree this needs to be secured and an appropriate condition is set out at Annexe A for this purpose. Assessment 56. The car park at Conrhenny Plantation is a well-established facility allowing ready access to the forest trails and Community Woodland by those wishing to enjoy the quiet beauty of the soaring forest trees, the associated flora and fauna, the wider views across the valley and countryside and the opportunity for physical activity in the walking and cycling of its paths. Providing access to the forest by children and offering opportunities for them to actively participate in the management and development of the woodland is to be encouraged and supported through the provision of improved facilities at the site. I give this benefit significant weight in the balance of this decision.

==== PAGE 12 ====

__ 57. The Area Plan for the East recognises that the plantations on the Island have significant recreational amenity which should be further exploited through the addition of car parks and other facilities16. 58. The car park at Archallagan Plantation has more recently been significantly extended with the addition of up to 100 parking spaces17. This can only be due to the popularity of this particular location for outdoor recreation. Whilst the proposed car park extension in this case would be smaller being only 21 additional spaces, nonetheless, it still reflects the current parking pressure which exists at Conrhenny Plantation. 59. The proposed car park, whilst served through the existing car park would require considerable earth moving to establish a level surface to provide the parking spaces and manoeuvring area. This would irreversibly change the character and appearance of the rising land behind the existing car park which is currently green and open and is a transition between the hard surfacing of the car park and the natural environment of the forest setting. 60. Even with the introduction of the screening sod bank and the associated landscaping it would still introduce an extension of the hard, more urban appearance of the car park, which would erode the character and appearance of the woodland setting. So, at face value there would be some harm by reason of a conflict with IMSP Policies EP1 and EP22 which seek to prevent development that would unacceptably harm the environment, protecting the countryside for its own sake. This identified harm would need to be weighed into the balance of this decision. 61. The proposed change of use would allow for the stationing of a mobile catering facility, the exact nature of which is not yet known, and would depend on the operator appointed to manage the unit. The Applicant has indicated that there are a number of options which would likely include converted vehicles such as vans, horse boxes, caravans and trailers. However, the common denominator would be that it would be a single catering unit and would have to be mobile18. I agree with the Planning Authority that the parking of the vehicle would not need permission as the land is a car park. It is the use for business purposes which takes the land use into a different category of use. 62. Whatever the mobile catering unit ends up being, in visual terms, as a parked vehicle it would not be discernible from the other parked vehicles which use the car park. Even if it was parked for longer periods, which is likely over the summer season, as a parked vehicle it would not appear as an unexpected feature within the context of

16 Area Plan for the East Chapter 5. 17 The car park at Chibbanagh Plantation has also been extended. 18 Required by condition.

==== PAGE 13 ====

__ the car park. Therefore, the mobile catering unit would not, in itself, harm the character and appearance of the countryside environment19. 63. The use of the unit for the preparation of food and drink and the sale of such items would be small scale and is unlikely to generate customer activity other than in association with the recreational use of the Conrhenny Plantation. It would be a facility which may encourage those wishing to enjoy the outdoors, to come to the Plantation knowing car parking is available, as well as somewhere to enjoy a cup of tea or coffee and a sandwich or cake20 after a walk or ride in the forest. It would facilitate recreational activities by providing refreshments and an opportunity to linger to enjoy the expansive views across the Island and consider the interpretation of the countryside21. 64. The proposal would also provide the opportunity for the establishment of a new business supporting growth of employment on the Island22. Planning balance Mobile food and catering unit 65. For the reasons set out above it is reasonable to conclude that the proposed change of use for the stationing of a mobile catering unit and the consequential establishing of a business providing refreshments within the Conrhenny Plantation car park, would not cause identifiable harm to the countryside environment nor to any other material considerations which might compromise established planning policy and weigh negatively against the granting of permission in this instance. 66. Therefore, planning permission for the mobile food and catering unit should be granted for a temporary period of five years to enable the demand for such a service to be assessed as well as any impact on the amenities of the locality. In addition, conditions are necessary to control opening hours to secure the association of the catering use with the recreational activities of the Plantation, the control of external lighting to safeguard the character and appearance of the wider countryside as well as in the interests of the fauna of the forest, and the restriction of the siting of the unit to that indicated on the application plan23, again to minimise the visual impact of the unit in the wider countryside. Car park extension 67. Above I have identified some harm resultant from the construction of the proposed car park to the character and appearance of the

19 IMSP Policies GP3, EP1, EP22. 20 As examples of what might be offered. 21 IMSP Section 10.3, IMSP Policy GP3. 22 IMSP Policy BP1. 23 Un-numbered site plan scale 1:250 drawn by JG.

==== PAGE 14 ====

__ countryside, which should negatively weigh against this aspect of the proposal. However, that harm needs to be weighed against the benefits that the car park would bring. 68. As already identified Conrhenny Plantation is a well-used outdoor recreation facility which, through its Community Woodland, seeks to engage with the Island’s younger generation, who, one day, will be responsible for the safeguarding of the Island’s wider countryside and flora and fauna. Sparking that interest and sense of responsibility, as well as an appreciation of these assets of the Island, is of considerable value to the future of the Island and I attribute significant weight to this as a benefit in the positive side of the balance of the decision24. IMSP Policy GP3 also offers exceptions to the limitation of development outside of areas zoned for development, the relevant ones being engineering operations essential for the conduct of forestry25, which would include the works to build the car park but, more pertinently, works required for the interpretation of the countryside and its wildlife26. The car park would allow more people to access the Woodland creating opportunities for recreation and the enjoyment and understanding of the countryside. These factors weigh heavily in favour of the proposal. 69. IMSP Section 10.3 also identifies that Open Space 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. DEFA's long term strategy to maximise recreational potential for the Forest Estate also supports the improvement of facilities to encourage access to the Plantations. 70. Taking all these factors into account in the weighing of the balance of this decision, I find that the benefits of the proposed car park extension would meet an over-riding national need for recreational opportunities for all ages in the Island’s countryside, and this would weigh heavily in favour of the proposed scheme, outweighing any negative factors. 71. Therefore, in the balance of this decision planning permission should be granted for the car park extension. However, this would be subject to conditions which include measures for control over any external lighting to minimise impacts on ecological species of the Forest as well as the neighbouring Dark Sky area, a method statement to secure the well-being of the Common Lizard in the vicinity and a landscaping scheme to be agreed and implemented to mitigate the loss of the green open space and minimise the visual impact of the car park in the wider countryside.

24 The acknowledgement of the value of the Plantations for recreational amenity and the need to develop this further as set out in Chapter 5 of the Area Plan for the East under-pins this need as a benefit. 25 IMSP Policy GP3 (f). 26 IMSP Policy GP3 (h).

==== PAGE 15 ====

__ Recommendation 72. For the reasons set out above, I, therefore, recommend that the application be approved subject to the conditions set out in Annex A below27. Reason: The extension of the car park at Conrhenny Plantation in conjunction with the siting of a single mobile food and catering unit are considered to be acceptable as socially and physically beneficial in relation to wider recreational activity and would not adversely affect the overall character and appearance of the area, achieving compliance with IMSP Policy GP3. The proposed temporary five- year permission in relation to the mobile food and catering unit is appropriate as a trial run in order to assess the wider effects of the change of use. Therefore, the proposal would be in accordance with the Strategic Plan, DEFA's long term strategy to maximise recreational potential for the Forest Estate, the Sport and Recreation Strategy and Government Economic Strategy 2022 - 2032.

Frances Mahoney

    Independent Inspector

Annex A Schedule of recommended conditions

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.

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. 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.

27 They are based on the conditions suggested by the DEFA officers in their Statement with some additions.

==== PAGE 16 ====

__ 3. 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.

Reason: To enable the Department to regulate and monitor the proposal and to prevent anti-social behaviour.

Reason: For the protection of common lizards which have been recorded in the habitat around the carpark and which are legally protected under the Wildlife Act 1990.

==== PAGE 17 ====

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.

Reason: To mitigate against the loss of the grassland habitat to facilitate the placement of the new car park.

Reason: In the interests of enhancing the biodiversity of the locality and character of the countryside.

Reason: To protect the surrounding habitat from potentially damaging construction activities.