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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 21/01308/B Applicant : Mr Christian Graham Hall Proposal Creation of Viking Settlement for education and entertainment purposes including erection of buildings and means of access Site Address Kattegat Jurby Road Sandygate Ramsey Isle Of Man IM7 3AG
Case Officer :
Mr Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 21.06.2022
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. All buildings (i.e. Workshop, Office, Tool Shed, Log store, Toilet, Utility, Solar battery)/solar panels/wind turbine/car park/access/access lanes approved within phase 1 shall be removed completely from the site and the land seeded with grass: o within 2 years of the date of this decision becoming final, in the event that work on phase 2 has not been fully completed; or o within 18 months of the buildings in phase 2 last being used, in the event that the buildings in phase 2 are completed and subsequently unused for a period exceeding 12 months.
Reason: in the interest of local amenity, visual amenities of the countryside and as permission has been granted on exception circumstances.
C 2. In the event the works approved under phases 2 and /or 3 are completed and un-used for a period exceeding 12 months they shall be removed from site and the land seeded with grass within 18 months of the buildings last being used.
Reason: in the interest of local amenity, visual amenities of the countryside and as permission has been granted on exception circumstances.
C 3. The development shall be carried out in accordance with the approved details, including supporting statement, unless otherwise required by the conditions attached to this notice.
Reason: To ensure the development takes place with the approved details and for the avoidance of doubt.
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C 4. For the avoidance of doubt no approval is hereby given for the use of any building approved under this application to be used as a residential dwelling and shall only be used in associated of the operation of the Viking settlement attraction (and such use shall exclude overnight accommodation for staff or visitors).
Reason: no approval is sought for any residential development and the application has been considered on this basis and there is a presumption against new residential development within the countryside.
C 5. No more than three events (i.e. wedding events or similar) shall take place in any one calendar year, and no more than 1 event shall take place in any 4 week period unless otherwise agreed in writing with the Department. This restriction does not include the uses of the site as a Viking attraction.
Reason: in the interest of local amenity.
C 6. Each evening event (i.e. wedding) shall cease by midnight and no guests shall be permitted to remain on the site for more than 30 minutes following the event ceasing.
Reason: in the interest of local amenity.
C 7. The development hereby approved shall not be occupied or operated until the means of vehicular access has been constructed in accordance with the approved plans, and shall thereafter be retained for access purposes only.
Reason: In the interests of highway safety.
C 8. The visibility splay(s) identified on the visibility plan dated 19.10.2021; shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050 mm in height above adjoining carriageway level.
Reason: In the interests of highway safety.
C 9. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting (tree planting) showing, type, size and position of each and additional hedgerow and/or sod banks along the car parks eastern and southern boundaries. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the site, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. The hard landscaping should include details of the surface finish of the roadways/access. The hard landscaping works shall be completed in full accordance with the approved details prior to the operation of the site.
Reason: To ensure the provision of an appropriate landscape setting to the development.
C 10. No approval is hereby given for the development of any open water wetland within the site.
Reason; The submission does not included such details and therefore has not been considered.
C 11. The café and retail units as shown on drawings Site Plan 2 and Building Plan 2 shall only be operated in associated with the Viking Village attraction and shall not be operated independently from this approved use.
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Reason: These aspects have only been considered acceptable in this location due to their association with the Viking Village attraction.
C 12. No kiln shall be installed or operated at the site unless in accordance with details which have first been approved in writing by the Department
Reason: To avoid any unacceptable environmental impact and to avoid the creation of any need for overnight staff accommodation
C 13. For the avoidance of doubt only the following works/buildings/structure are hereby approved by this planning application;
APPROVED Within field Nr 211114 - Northern section of field o Creation of a new vehicular access within Field Nr 211114 directly onto Jurby Road; o Creation of a new car park (43 spaces and coach drop off) within Field Nr 211114; o Tool shed along western boundary (7.5m x 4m); o New trees planted around car park; o Ticket shed building (3m x 2m); o Toilet building (6m x 3m); o Open timber store; o Access roads; and o Solar panels (7.5m x 1.5m).
Within field Nr 214150 o Long House (15m x 6m); o Café building (5m x 5m); o Shop building (3m x 5m); o Forge building (3m x 7m); o Foot bridge (3m x 2m); o Workshop (5m x 4m); o Office building (7.2m x 2.4) which is retrospective; o Toilet building (1.2m x 1m); o Log store building (2m x 1.2m) which is retrospective; o Utility building (2m x 3m) which is retrospective; o Solar battery building ( 2.1 x 1.1m) which is retrospective; o Wind Turbine (5m pole with 1.9m diameter turbine - total 6.2m); o Temple building (4m x 5m); o Footbridge (3m x 5m).
Within field Nr214149 o Creation of a small farmstead including a Farm House (6m x 4m) with barn (3m x 3m) - not a residential property;
NOT APPROVED No approval is hereby given the wooded cabin within field 214150 or any other building/vehicle/structure not included in the above list and no approval is hereby given for any residential element on this site.
Reason: The application has sought approval those items which are listed as approved and has been considered on this basis only in an area which is not designated for development.
C 14. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order (2012) or any order amending or replacing that order, no development
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may take place at the site other than in accordance with an approval set out within a specific planning application.
Reason: given the nature and location of the proposal and the need to protect the countryside.
This application has been recommended for approval for the following reason. The proposal in terms of the principle of the use is a very unusual development on the IOM and arguably would result in buildings or works required for interpretation of the countryside, its wildlife or heritage i.e. the Norse history of the IOM. While the introduction of such visitor attraction will have impacts upon the visual amenities of the countryside given the development required to provide such facility. However, in this case, given existing mature wooded areas, existing landscaping and with additional landscaping in and around the site; it is considered the benefits of the proposal would bring, outweigh the potential visual impacts.
Further, the distance from neighbouring properties and with appropriately worded conditions to restrict the events on the site, namely late night events (i.e. weddings etc.), it is considered the impacts to neighbouring amenities can be protected.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings reference numbers all received;
25.10.2021
Building Plan 1 Building Plan 2 Building Plan 3 Building Plan 4 Building Plan 5 Building Plan 6 Footbath Bridge 1 Location Plan Master Plan Phase Plan Site Plan 1 Site Plan 2 Site Plan 3 Site Plan 4 Turbine Plan 1 Vehicle Bridge Plan 1 Visibility Splay Plan
25.04.2022
Road Safety Audit
09.05.2022
Revised Entrtance Plan Viking Temple Tree Removal Plan Visibility Tree Removal Plan
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Interested Person Status - Additional Persons
It is recommended that the following persons should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
Ballamoar, Ballamoar, Jurby as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).
It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
Ballamoar, Villa Ballamoar, Jurby Shuttlehill, Ballamoar, Jurby
Are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.
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Officer’s Report
THIS APPLICATION IS BROUGHT BEFORE THE COMMITTEE AS IT COULD BE CONSIDERED A DEPARTURE FROM THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL
1.0 THE SITE 1.1 The application site forms the curtilage of Field Nrs 214150, 214149 & 211114 and is located on the western side of the Jurby Road and north of Sandygate Crossroads.
1.2 The two fields have different characteristics - Field Nr 211114 is open in nature and is viewable from Jurby Road. It is un-development and appears as an agricultural field. Field 214150 does have an element of development within, having had approval to operate as a Nursery in the past and therefore paths/tracks and structures are present within the site. The site has a woodland character, with the majority made of up trees/bushes etc. This aspect of the site is more screened from public views given mature roadside landscaped boundary and all other boundaries. Field Nr 214149 is located to the west of Field 214150 and is open in nature, albeit with woodland to the east and west and with landscaped boundaries to the north and south.
1.3 Currently there is vehicle access into the Nr 211114 directly from the Jurby Road.
2.0 THE PROPOSAL 2.1 The application seeks approval for the creation of Viking Settlement for education and entertainment purposes including erection of buildings and means of access. Taken together this is considered to be a Sui Generis Use (not falling within any use class).
2.2 The proposed works are set out below. All buildings are proposed to be constructed in timber/timber frame in a traditional manner/Viking style. For information no approval is hereby given for any residential element on this site. Further, the proposed Viking farmhouse is for demonstration only and not for living purposes. An existing wooden cabin is with within Field
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214150. The application does not seek approval of this. It was constructed by previous owners a number of years ago; albeit no planning approval exists.
Within field Nr 211114 - Northern section of field the following is proposed:
Within field Nr 214150 the following is proposed:
Within field Nr214149 the following is proposed:
Other information 2.3 The applicant within their submission ("Schedule of plans and details") indicates;
"The Island Norse heritage has always intrigued me and I have a keen interest in Norse/Viking history and mythology. There is little in the way of interactive historical attractions on the Isle of Man, and nor very much to celebrate our Norse history." And "As this is a private venture, I will be running it as a 'none-profit' project, with self-employed crafts people who will provide the specialist interactive workshops around the site. I will manage the overall site including the permaculture aspect. It is hoped that site will generate enough income to keep the site in good conditions and possibly expand the list of features in the future. My vision is to create a carbon positive ecosystem, intertwined with a permaculture philosophy that nothing is wasted; the composition toilets will feed the willow coppices which provide the wood for the charcoal that cooks the food that creates the compost."
2.4 The applicants indicates that the site will be split into two areas, a public area and a private area (i.e. operational uses/areas). The public area which is all disabled accessible includes the shop, cafe blacksmith/foundry, Long House (Chieftains Hall) which would be used as a classroom, indoor activities and for functions/events. The public areas will continue into the woods via the existing paths which passes several clearances in the woods which will be set up to allow other artisans/craftspeople to put on workshops and displays in keeping with the
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Viking theme. Further within the woods there will be a recreation of Viking/Norse temple/church. Lastly moving out of the woods to field Nr 214149 the applicants comment;
"Moving out of the woods and over the north-west bridge into 'FolkVangr' (old Norse for 'Field of the people'), an alternative heaven or those who did not wish to dine with the gods in Valhalla, (was ruled by the Goddess Freyr) where I hope to re-create an authentic Norse Farmstead with a stone barn, and small holding/animal pens. Also in this field I hope to run Viking activates and displays."
2.5 In relation to the private area the applicants advise that this is where all the groundwork for the buildings/activities, volunteers/staff space will be located along with any auxiliary requirements for the site which include;
2.6 The applicant has outlined a phasing of the development, with the first phase includes demolition of existing structures within field 214150 and construction of the workshop building. The office building is already in place, as is the tool shed which will all be needed for the proposal. The solar panels are already in place but the wind turbine is not and this would be installed in the first phase. Phase 2 includes the construction of the Chieftain's hall (Long house), blacksmith's forge and foundry, shop, café, activity areas through the woods and composting toilets. Phase 3 includes the Viking temple and Viking farmstead. Further works include, the creation of a wetland habitat, willow coppice. Sand and Clay removal from excavating the wetland will be used in the building of the site.
2.7 It is proposed the site will be used in many different ways during the year and even during the week, but will not be open full time as it is a none profit venture, it will open on an as required basis for example; Open days/Weekends, Weekday workshop/talks/school trips or corporate team building events; functions (i.e. weddings). The applicants indicated that's as it is a new type of attraction on the IOM (and the UK) it is difficult to project visitor numbers. Also as volunteers will be needed they current have no way of knowing how many people will wish to offer their time to take part in this venture, although the applicant advises so far he has a lot of people who wish to be involved. The applicant is proposed to be the only full time member of staff and all the attractions/workshops and stalls will be run independently by other traders/artisans who will provide their own trader's insurance to operate (much the same as the Southern/Royal shows).
3.0 PLANNING POLICY 3.1 The site is not designated for under the Isle of Man Development Plan Order 1982. There is therefore a general presumption against development in this area. This presumption is further outlined and clarified in the Isle of Man Strategic Plan policies below. The site is not identified as being at risk of flooding on the DOI's maps or within a Conservation Area.
3.2 THE ISLE OF MAN STRATEGIC PLAN (2016) 3.2.1 The following policies that are considered relevant;
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o Strategic Policy 1 indicates development should make the best use of resources by ensuring efficient use of sites and being located so as to utilise existing and planned infrastructure, facilities and services. o Strategic Policy 2 - directs new development to existing towns and villages, or the countryside only in exceptional circumstances (see General Policy 3) o Strategic Policy 5 - design quality o Strategic Policy 10 - integrated transport network and related issues o Paragraph 4.3.11 states, "Merely arguing that a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development". o Spatial Policy 5 - development outside defined settlements only permitted in accordance with General Policy 3. o General Policy 2 - sets out normal 'Development Control' considerations o General Policy 3 - sets out the exceptional circumstances in which development will be approved in the countryside (see below) o Environment Policy 1 - protects the countryside and its ecology for its own sake (see below) o Environment Policy 7 - Protects watercourses, wetlands, ponds and dubs o Environment Policy 22 - Protects the environment from pollution o Transport Policy 1 - Directs new development to existing routes o Transport Policy 2 - Relates to the provision of links to existing routes/systems o Transport Policy 4 - Relates to the design of new highways o Transport Policy 7 and Appendix 7 relate to parking standards o Business Policy 1 promotes the creation of new job opportunities o Business Policy 11 sets out that tourism development must be in accordance with the other elements of the plan o Energy Policy 4 indicates proposals for alternative sources of energy will be assessed against the rest of the plan
3.2.4 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5 (water conservation and management), Community Policy 7 (designing out criminal and anti-social behaviour), Community Policy 10 (proper access for firefighting appliances) and Community Policy 11 (prevention for the outbreak and spread of fire).
3.2.5 Environment Policy 1 states in full: "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 over-riding 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."
3.2.6 General Policy 3 sets out a presumption against development in the countryside but includes instances where there may be exemptions: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services;
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(f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage.
3.2.7 "Previously-developed land is that which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure.' The definition includes defence buildings, but excludes: o Land that is or has been occupied by agricultural or forestry buildings. o Land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures. o Land in built-up areas such as parks, recreation grounds and allotments, which, although it may feature paths, pavilions and other buildings, has not been previously developed. o Land that was previously-developed but where the remains of the permanent structure or fixed surface structure have blended into the landscape in the process of time (to the extent that it can reasonably be considered as part of the natural surroundings)."
4.0 PLANNING HISTORY 4.1 The previous planning applications are considered relevant:- o Construction of track around perimeter of woodland - 08/01006/B - APPROVED o Erection of polytunnel - 08/00752/B - APPROVED o Erection of entrance gates and timber shed to house office/shop within included operating a nursey from the site open to member so public - 08/00753/R - APPROVED
5.0 REPRESENTATIONS 5.1 Highway Services (DOI) have provided a number of comments which can be viewed online, essentially seeking additional information. This has now been provided and their final comments are (13.05.2022); "Highways Development Control notes the additions, amendments and correspondence uploaded on 9 May 2022. In combination, these documents and drawings would overcome the remaining highway concerns. Bus services would be able to enter the site to drop off and pick up, and tree removal would ensure adequate visibility to the left on exit on DEFA Forestry's agreement. Should DEFA Forestry agree to the tree removal, HDC no longer oppose this proposal subject to conditions for the layout to conform to: a) Entrance Plan revision 1.3 b) Visibility Splays Plan in conjunction with Tree Survey (Visibility Tree Removal Plan) c) Site Plan # 1-4.
The Applicant is advised of the need for a separate permission with Highway Services for the access junction works under a s109(A) Highway Agreement after the grant of any planning consent. The Applicant should consider installing bicycle parking for staff and visitors."
5.2 Inland Fisheries (DEFA) make the following final comments (17.01.2022); "Fisheries Officers have conducted a site visit with the applicant. I can confirm that DEFA, fisheries have no objections to this development from a fisheries perspective, provided that there is no adverse effect or disturbance on the adjacent watercourse. This is due to the nature of both the watercourse and the proposed works. Precautions will be needed to reduce the possibility of harmful materials such as concrete or washings entering the river. Suitable precautions have been considered by the applicant."
5.3 Agriculture and Lands Directorate (DEFA) confirm they have no objection to the tree
removal proposed as (19.05.2022); "1. The trees proposed for removal are small trees that only provided a small amount of amenity value.
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2. Due to the proposed type of construction, the development will have little impact on the retaining trees, however if this application is approved more detail on the construction methods and how the will protect the retained trees should be provided."
5.4 The owner/occupier of Ballamoar, Villa Ballamoar, Jurby have commented to the application which can be summarised as (26.11.2021); I would like to say that I believe the Viking Settlement is a very good idea for education and entertainment, but the site suggested could be better located, on the other side of the road and further North by a couple of hundred yards / metres; The site alludes to be eco-friendly, yet propose a large car park is built on the site, which would cater for coaches; A matter of a couple of hundred yards down the road, on the opposite side, is the end of the former Jurby Airport runway. This would take barely anything to convert to a car park by using the existing built on land, this will stop further use of the land as hard-standing for 21st Century cars / coaches with plenty of room to cater for a variety of vehicles. It would be closer to the primary school and Transport Museums, which are clearly signposted.
5.5 The owner/occupier of Shuttlehill, Ballamoar, Jurby have objected to the application which can be summarised as (24.11.2021); The proposed use of the site (Tourism/Retail) is not consistent with the existing use (Agriculture). This represents a fundamental change of use and would require re-zoning the area; It is stated that 'there is little in the way of interactive historical attractions ...and not very much to celebrate our Norse history", The House of Mannanin does indeed provide that function; It is unclear whether this project is financially viable/sustainable; "Will not be open full time" - this application appears to essentially be for private use by the landowner rather than for commercial purposes. The single toilet is indicative of this; Formal request for the DOI to install a 30mph speed limit - that particular bend has restricted visibility and vehicles routinely pass through that point at significant speed (regardless as to speed limits); and In summary and as noted in point 6, I am particularly concerned that this application appears to be for private use only.
5.6 The owner/occupier of Ballamoar, Sandygate, Jurby have objected to the application which can be summarised as (26.11.2021); the proposals have merit and this is an original idea which is worthy of consideration, and not doubt the applicants enthusiasm is clear; our concerns is that the entire application is for a commercial enterprise which would be located on agricultural fields which are not zoned for this; concerns of impact of noise, on-site energy generation, vehicle movements, smoke emissions from kilns, and the likely other undertakings described in proposal would undoubted create local environment disturbances to neighbours; proposal includes creation of a dwelling in field 214149 which is located away from the main "Viking Settlement" which does seem strange to us, as we would have expected this more centrally with the other activities; could this not be located in field 214150; this would permit us to protect the amenity of out property which is located in a rural environment and is the closest property to filed 214149; Applicant indicates that the site has in part been used as a place of residence by a former owner and that the applicants resides in a van on the site which is not zoned for such use and therefore he appears to be making the claim that this effectively confirms the site as having residential use status which raises concerns; and noting the single toilet next to the "office" is indicative of the project being residential in concept rather than commercial, furthermore, we understand that some of the buildings have already been constructed and we would also like to reiterate our concerns with relation to the charcoal kilns, which the submissions indicates there would require 24 hour a day monitoring.
ADDITIONAL COMMENTS 5.7 The application have included as part of their submission comments from Isle of Man Public Transport (DOI). These comments state; "Apologies for taking a while to get back to you regarding the bus patronage of the Viking Project. Having discussed your request with various colleagues, we feel the best solution would be for us to add your site as a pre?defined stop for the FLEX and Village Connect services. This would provide you with a mix of scheduled and demand responsive services throughout the day
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served by our minibus team. These vehicles could enter the coach/bus area of your car park to drop off and set down passengers and we would add the location as a stop on the user accessible digital map."
6.0 ASSESSMENT 6.1 The main considerations in the assessment of this application are; o the principle of the development; o potential visual impact on the character of the countryside; o impacts in terms of trees/watercourses; o highway safety matters/ parking provision; o potential impacts upon neighbouring amenities;
6.2 Principle of the development 6.2.1 There is a general presumption against new development in the countryside, as per the IOMSP policies outlined in section 3 and particularly Strategic Policy 2, Spatial Policy 5 and General Policy 3.
6.2.2 General Policy 3 also outlines exceptions where development may potentially be acceptable within the countryside. The site is not considered to be previously developed land, although it is noted that there was some development on part of the site (Nursery). General Policy 3 paragraph h states; "buildings or works required for interpretation of the countryside, its wildlife or heritage", which does weigh in the application's favour. However, given the extent of built development and the nature of the use, it is considered that this goes beyond paragraph h and so on balance the principle of the application is considered to not be to be justified based on this alone.
6.2.3 It is noted that the unusual nature of the proposal is such that it is unlikely to be reasonably accommodated within existing settlements or land allocated for development (e.g. housing or industrial, as there is no land allocated for this form of development as it is an unusual proposal). This weighs in the application's favour, although this weight is reduced because the applicant has not given any information as to whether or not there are any other (potentially more suitable) sites. It is also noted that this would support the creation of a new business and also opportunities for other related business located on the site, which weighs in the application's interest.
6.2.4 On balance, and in particular noting the partial support from GP3, the unusual nature of the proposal and the potential cultural and economic benefits, it is considered that the development may be acceptable, dependent on the detailed assessment of other issues.
Potential visual impact on the character of the countryside 6.3 In these respects Environment Policy 1 should be considered. This seeks to prevent development which would adversely affect the countryside.
6.3.1 There are two clear elements to this aspect, the first are the buildings and structures within the wooded area and form part of the main attraction. This area already consists of a poyltunnel and a number of sheds that were used in connection with the previous use as a nursery. These will be removed and replaced. The majority of the new buildings proposed in this area will be well screened from public views, especially given there timber construction/finish which will help mitigate any potential views form them. The building likely to be most likely to be seen would be the Viking Longhouse which is located to the front section of the site (replaces polytunnel). The building would be approximately 6m x 15m and a height of 6.8m (ridge height). The Café, Shop and Forge would also be located in this section, running parallel with the roadside boundary (eastern), albeit set behind existing mature landscaping. Partial views of parts of each building maybe apparent from the Jurby Road when approaching the site from Sandygate and when passing the site; albeit existing landscaping would help blend the building, and drawing the eye to the buildings less. During summer months the
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visual appearance of the buildings maybe totally screened. The application proposals additional landscaping, but a landscaping condition could be attached to reinforce the existing landscaping to this section of the site.
6.3.2 The element of the proposals which would be most public apparent and have the greatest visual impact, is the works within Field 211114 which is to the south of the Village settlement area (wooded area) and to the west of the Jurby Road. This field is very apparent from public views from the Jurby Road, there is a Manx sod bank along the roadside, albeit does not prevent views over and into the field. Within this field, it is proposed to create a car park for the proposal. This includes a hard-core base roadway topped with a layer of stone/gravel. This runs around the parking area which will be retained as grass. Around the parking area and along the roadside boundary it is proposed to be landscaped with native tree planting.
6.3.3 The majority of the works in this area i.e. the roadway are low level forms of development (i.e. flat) and therefore the visual impact of these works themselves are not significant. However; they clearly provide a function, to enable cars to park on the site. This is perhaps the greatest visual impact, parked cars/vehicles. As indicated, native tree planting is proposed; albeit it is considered additional landscaping will need to be undertaken, perhaps the creation of native hedgerows/Manx sod banks to reduce the impact further.
6.3.4 Other elements that will be apparent is the wind turbine, which is domestic sized wind turbine, rather than a commercial turbine. This has a height of approximately 6.2m (including blades); albeit the landscaping around the carpark/roadside boundary will also reduce the visual impact of this. The wind turbine would be set adjacent to the existing wooded area and therefore this helps reduce the impact further. The wind turbine would be installed on top of a timber pole (i.e. telegraph pole).
6.3.5 Clearly, the development of the application site as proposed will have a visual impact, compared if no development takes place. Therefore if the proposal as a whole is considered appropriate on this site, it is considered the visual harm can be mitigated to an appropriate level and ensure the proposal would not adversely affect the countryside as per the requirements of the Strategic Plan policies, and in particular Environment Policy 1.
6.4 Impacts in terms of trees/watercourses 6.4.1 The consultation comments are noted and relied upon, and conditions could be attached if approved.
6.5 Highway safety matters/ parking provision 6.5.1 The new scheme includes the upgrading of the existing field gate to a two way road access. This would access directly onto the Jurby Road. Highway Services have considered the application in terms of visibility splays and traffic generation and have raised no objection. This follows a Stage 1 Road Safety Audit of the proposed vehicular access which has been undertaken by independent auditors and amended plans in response to this, to provide appropriate visibility splays in each direction and enable buses/coaches to drop off/pick up pedestrians at the site, as well as other safety considerations sought by Highway Services.
6.5.2 With appropriately worded conditions in place, and given the comments made by Highway Services, it is considered the proposal would provide sufficient parking within the site and ensure the vehicular access is safe and have no adverse impacts upon road safety to all users of the Jurby Road.
6.6 Potential impacts upon neighbouring amenities 6.6.1 The proposal is a visitor attraction and therefore the proposed use has the potential to create a noise and general disturbances to local residents. The site being within the countryside and therefore background noises are less, can increase the potential noise
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concerns, compared to a town centre location which generally has a higher level of background noise to begin with. With this in mind Environment Policy 22 requires consideration.
6.6.2 With the proposal, the most likely impact would be traffic coming to and from the site. The closest property "Brook House" is to the south of the site approximately 60m away (measured from new access to dwelling). Further there are dwellings at "Ballamenagh Beg Farm" (two dwellings) to the southwest which are approximately 170+m away from the new access. To the north of the site, the property closest to the proposal (main visitor area) is "Ballamenagh" which is approximately 115m away.
6.6.3 As outlined, there is the likelihood of greater impacts namely through people coming and going from the site. However, the distance from these properties, existing landscaping and with new landscaping (especially to southern boundary of new car park) will mitigate the potential significant adverse impacts. No objections have been received from these properties outlined above.
6.6.4 The proposal also indicated that some events may take place (i.e. weddings) namely within the Long House. The applicants at this stage does not know whether this will be a regular occurrence or not at this stage, but would like the site to be able to accommodate such events if possible. The Department has suggested that conditions be attached to any approval which prevents no more than 3 events shall take place in any one calendar year, and no more than 1 event shall take place in any 4 week period and each wedding event shall cease by midnight and no guests shall be permitted to remain on the site for more than 30 minutes following the event ceasing. The applicant has no objection to these conditions.
6.6.5 Overall, with appropriately worded conditions in place it is considered the proposal can operate without having significant adverse impacts upon neighbouring amenities.
6.7 Other Matters 6.7.1 If approved, conditions should be approved to ensure works in phases 2 are undertaken within a certain time period and if not all works in phases one shall be removed within a certain timescale. This is to ensure the visitors attractions elements are in place (i.e. reasons why application is approved) in a reasonable timescale. Further, additional details of the wetland habitat should be provided. It is understood discussion with the applicants that the wetland area was initially considered to be to the south of the proposed car parking area. However, the applicant has indicated that his current re-considering, this. It is noted that no plans show such an area. Therefore at this stage it is not a matter that can be considered (should be conditioned not to include this element). It should be noted that planning permission may be required for such works, depending on size & scale of works (i.e. if considered to be "development").
6.7.2 No other matters are identified which would justify a refusal.
7.0 CONCLUSION 7.1 In summary, the proposal in terms of the principle of the use is an unusual form of development on the IOM and arguably would result in buildings or works required for interpretation of the countryside, its wildlife or heritage i.e. the Norse history of the IOM. While the introduction of such visitor attraction will have impacts upon the visual amenities of the countryside given the development required to provide such facility. However, in this case, given existing mature wooded areas, existing landscaping and with additional landscaping in and around the site; it is considered the benefits of the proposal would bring (including economic and cultural), outweigh the potential visual impacts.
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7.2 Further, the distance from neighbouring properties and with appropriately worded conditions to restrict the events on the site, namely late night events (i.e. weddings etc), it is considered the impacts to neighbouring amenities can be protected.
7.3 Accordingly, the application is recommended for approval.
8.0 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; (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
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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:...04.07.2022
Signed :...C BALMER... 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
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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21/01308/B Page 15 of 15
PLANNING COMMITTEE DECISION 04.07.2022
Application No 21/01308/B Applicant Mr Christian Graham Hall Proposal Creation of Viking Settlement for education and entertainment purposes including erection of buildings and means of access Site Address Kattegat Jurby Road Sandygate Ramsey Isle Of Man IM7 3AG Principal Planner Mr Chris Balmer Presenting Officer As above Addendum to the Officer Report
The case officer advised that he would be amending his recommendation with respect to C6 and C14 in light of comments raised at the meeting, and following discussion, the Members agreed to the case officer's amendment to their recommendation.
C 6. The Viking Settlement Attraction and an evening event (i.e. wedding) shall all cease by midnight and no guests shall be permitted to remain on the site for more than 30 minutes following the event/attraction ceasing.
Reason: in the interest of local amenity.
C 14. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order (2012) and Town and Country Planning (Permitted Development) (Temporary Use or Development) Order 2015 Schedule 1 Class B or any order amending or replacing these orders, no development may take place at the site other than in accordance with an approval set out within a specific planning application.
Reason: given the nature and location of the proposal and the need to protect the countryside.
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