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21/00499/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00499/B Applicant : Mr Andrew Clague Proposal : Variation of condition 4 to PA 18/00613/B to extend operating hours Site Address : Ballakaighen Farm Whitebridge Road Onchan Isle Of Man IM4 6AD
Planning Officer: Mrs Vanessa Porter Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 16.06.2021 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
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. Events on Sundays to Thursdays inclusive shall finish by midnight. Events on Fridays or Saturdays shall finish by 02:00.
Reason: To provide adequate safeguards for neighbouring residential amenity
This application has been recommended for approval for the following reason. The proposal is considered to comply with General Policy 2 and Environmental Policy 22 & 23 of the Isle of Man Strategic Plan 2016 and therefore acceptable
Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 19th April 2021: o Location Plan o Drawing No. EX-01 o Drawing No. P01 Rev D o Drawing No. P02 Rev D o Drawing No. P03 Rev B __
Interested Person Status - Additional Persons
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It is considered that the following Government Department should be afforded Interested Person Status as they have raised material consideration in their representations in accordance with Article 4(2):
DOI Flood Risk Management Division Department of Home Affairs Isle of Man Constabulary. __
Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE OWING AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT (NOTING THE PLANNING HISTORY OF THE SITE).
PREAMBLE 0.1 This application was deferred by the committee on 28.06.21 to seek comments from the police. These have been sought and a verbal update will be provided to the meeting.
THE APPLICATION SITE 1.1 The application site is a parcel of land that includes an access track and a pair of stone barns associated with Ballakaighen Farm, Whitebridge Road, and which sits within the rural part of Onchan. The farm is now primarily in leisure use, and is commonly referred to as 'Laserblast' although there are a number of other activities that take place here. The land edged blue in association with Ballakaighen Farm is significantly larger and includes various other buildings and uses, one of which is a seasonal marquee (2015) and campsite (2016).
1.2 The applicant also owns the residential property Ballakaighen House which is directly to the north of the application site.
1.3 Directly opposite the entrance to the site is the residential property known as "Sunnyside".
THE PROPOSAL 2.1 The application seeks approval for the variation of condition four on PA18/00613/B which states;
"Events on Sundays to Thursdays inclusive shall finish by 22:00. Events on Fridays or Saturdays shall finish by midnight. Reason: To provide adequate safeguards for neighbouring residential amenity,
to:
"Events on Sundays to Thursdays inclusive shall finish by midnight. Events on Fridays or Saturdays shall finish by 02:00."
PLANNING HISTORY 3.1 The application site has been the subject of a number of previous planning applications, some of which have been approved and others that have not. In view of the nature of the history of the application it is relevant to note the following applications and conditions.
3.2 18/00613/B for, "Demolition of two existing stone barns and erection of a multi-purpose building for entertainment and leisure activities, including access road, car park and associated landscaping"
3.2.1 Condition 4 set out, "Events on Sundays to Thursdays inclusive shall finish by 22:00. Events on Fridays or Saturdays shall finish by midnight. Reason: To provide adequate safeguards for neighbouring residential amenity."
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3.3 15/00812/B for, "Demolition of two existing stone barns, erection of a multi-purpose building for entertainment and leisure activates and creation of an overflow car park" this was approved at Planning Committee subject to various conditions relating to bats, hours of use and landscaping, as set out below.
3.3.1 Condition 3 sets out, "Events on Sundays to Thursdays inclusive shall finish by 22:00. Events on Fridays or Saturdays shall finish by midnight. Reason: To provide adequate safeguards for neighbouring residential amenity."
3.3.2 Condition 4 sets out, "Events taking place within the land edged red and blue on Drawing P01 (date-stamped as having been received 20th July 2015), and finishing after 22:00, may occur no more frequently than twice in each calendar month. Reason: To provide adequate safeguards for neighbouring residential amenity."
3.4 10/00838/B for, "The seasonal erection of a marquee and portable toilet block to accommodate corporate functions and events (1st May to 30th September)
3.4.1 Condition 3 sets out, "Events on Sundays to Thursdays shall finish by 22.00. Events on Fridays or Saturdays shall finish by midnight."
3.4.2 Condition 4 sets out, "Events finishing after 22.00 may occur no more frequently than twice in each calendar month."
PLANNING POLICY 4.1 The site lies within an area zoned as "Not zoned for a particular purpose" on the Area Plan for the East. The site is not within a Conservation Area, Flood Zone nor an Area of High Landscape or Scenic Significance.
4.2 In terms of the Isle of Man Strategic Plan 2016, paragraph 7.17.2 states, "In addition to the above (referencing Environment Policy 22), changes in the activities associated with the current permitted use of land or a building, which in themselves do not constitute development and therefore do not require planning permission, can have an adverse impact on adjacent properties by virtue of noise, light or general disturbance. For example the addition of security lighting on a property may cause light pollution affecting adjacent properties and the wider area. The introduction of new activates into established parks and recreation areas can have an impact on neighbours. In such cases the Department would advocate the person or organisation considering the change and give careful consideration to the potential impact of such activity in terms of location. Siting and design."
4.3 With the above in mind the key policy for this application is Environment Policy 23, which states in full, "When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours."
4.4 There are a number of other relevant policies within the Isle of Man Strategic Plan 2016, as summarised below.
Environment Policy 22 provides more detail in relation to protecting the environment and local residents in relation to pollution (including light and noise).
General Policy 2 sets out more detailed 'Development Control' considerations which applies to development which is in accordance with land use zones. However, it is considered that if the principle of a development is considered acceptable (even as a departure) then it is not unreasonable to have regard to the detail of General Policy
REPRESENTATIONS
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5.1 Highway Division have considered the application and state, "After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and or/parking. The applicant is advised that a licence may be necessary for the positioning of equipment and materials in the highway subject to any amenity issues being addressed." (18.05.21)
5.2 Onchan Commissioner has considered the application and recommend Approval. (2.06.21)
5.3 DOI Flood Risk Management Division has considered the application and state, "No Flood Risk Management Interest." (20.05.21)
5.4 IOM Central Alcohol Unit have considered the application and state in part, "The Constabulary are not aware of any noise issues from the neighbouring area, it is noted it is in a rural site...The Constabulary have no objection to this planning application."
ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are;
6.2 Following the back history of the application site it can be seen that in 2010 (10/00838/B) a marquee was given permission for seasonal times (1st May - 30th September) which had the original condition attached of, "Events on Sundays to Thursdays shall finish by 22.00. Events on Fridays or Saturdays shall finish by midnight." Since this application, any further applications for marquees and structures have had this condition attached.
6.3 The closest neighbouring property to the overall site is "Sunnyside," Whitebridge Road which is situated approximately 137m away to the North West, just opposite the main entrance into Ballakeighen Farm. With this in mind comments were requested from the Central Alcohol Unit, who has stated there are no known noise issues.
6.4 Due to the overall mix of uses within the site and for clarification, further information was requested and received from the agent regarding the existing opening and closing times of the surrounding parts of the site of which the part with the Laserblast is open till 21.00 and the Marquee when it is up is until 22.00 Saturday to Thursday and Midnight Friday to Saturday.
6.5 With the above in mind taking into account the rural site, the neighbouring property being a suitable distance away and that there are no known noise issues, the proposed extending of the opening times by two hours each day would not result in unacceptable increases in noise pollution or on impacts on neighbouring amenity as per General Policy 2 and Environmental Policy 22 & 23.
CONCLUSION 7.1 For the above reasons the proposal is considered to comply with General Policy 2 and Environmental Policy 22 & 23 of the Isle of Man Strategic Plan 2016 and therefore acceptable.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material;
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(f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Committee Meeting Date: 12.07.2021
Signed : V PORTER Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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