12 March 2024 · Council of Ministers
South End Of Archallagan Plantation, Archallagan Road, Eairy, Isle Of Man, IM4 3hu
The application is for a change of use to allow the siting and operation of one mobile catering facility (such as a van, trailer or horsebox) within a recently extended car park at Archallagan Plantation, a popular recreational area for walkers and cyclists.
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The Council of Ministers approved the application because 'the siting of a single mobile food and catering unit is considered to be acceptable as socially and physically beneficial in relation to wide…
General Policy 3
GP3 prohibits development outside zoned areas except for (h) buildings or works required for interpretation of the countryside, its wildlife or heritage. The proposal qualifies as it provides refreshments facilitating enjoyment and interpretation of the plantation's recreational and natural features for walkers and cyclists.
Environment Policy 1
Protects countryside unless overriding national need outweighs protection. The temporary facility's recreational benefits and lack of harm to character were deemed to satisfy this, with no adverse effects on ecology or appearance.
Environmental Policy 22
Prevents unacceptable harm to environment or nearby amenity. Nearest residences are 200m away; no impacts on amenity, noise, light or pollution identified.
Environment Policy 4
Protects biodiversity. No tree loss, works or ecological harm; site not in flood risk area.
Business Policy 1
Supports employment growth. Provides opportunity for new small-scale business in catering.
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 use cessation after 5 years
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.
Limit to single unit and specified siting
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 un-numbered site plan at a scale of 1:250 drawn by JG. 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.
Raise no objections due to the relatively large size of the car park that can accommodate a vending unit without significantly detrimentally effecting visitor parking
Highway Services HDC has no objection to the application due to sufficient existing car parking. Marown Parish Commissioners have no formal objection but raise queries on the proposal details, bin provision, licensing, and potential usage increase.
Key concern: ambiguity in proposal regarding number of mobile vehicles
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 due to the relatively large size of the car park that can accommodate a vending unit without significantly detrimentally effecting visitor parking.
Marown Parish Commissioners
Conditional No ObjectionIt is noted that the catering facility is to consist of mobile vehicle or vehicles. The Planning Statement 5.4 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 as on a recent visit, the bins now present were all full.; The vendors would require a Street Trader Licence under the Pedlars and Street Traders Act 1906, and application must be made to and approval received from the Commissioners before the commencement of any operation.; 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 such a licence [Street Trader Licence under the Pedlars and Street Traders Act 1906] should form a Condition of Approval should the Application be approved.
The application by DEFA sought permission for a temporary 5-year change of use of an existing forest car park to site a single mobile catering unit providing refreshments for recreational 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 protection policies. The appellant (DEFA) argued the facility would enhance recreational amenity, support health and economic goals, and have minimal visual impact, citing precedents for similar forest facilities. The planning authority supported the proposal, noting no harm to character or appearance. The inspector agreed, finding the temporary mobile unit acceptable under IMSP GP3(h) as aiding countryside interpretation, with no harm to visual amenity, ecology, or traffic, recommending approval subject to conditions limiting duration, hours, siting, and lighting. The outcome was a recommendation to permit with conditions.
Precedent Value
Demonstrates temporary catering in public forest car parks is permissible if mobile, sited appropriately, and tied to recreation under GP3(h), provided no visual harm. Future applicants should secure landowner monitoring commitments and limit to daylight hours/single unit.
Inspector: Frances Mahoney
