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21/01316/B Page 1 of 9
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 21/01316/B Applicant : Rockfell Limited Proposal Temporary siting of four storage containers (for food and drink), platforms, scaffolding and spectator seating during the Isle of Man TT and the Isle of Man Festival of Motorcycling races Site Address Land Adjacent To Glen Moar Mill And Field 315139 Glen Helen Road Laurel Bank St Johns Isle Of Man IM4 3NN
Case Officer :
Miss Lucy Kinrade Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 15.04.2022
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. The four containers, associated supports, platforms, scaffolding and spectator seating may be erected no sooner than one week before the first practice of TT and may remain until one week after the last race in that event, and no sooner than one week before the first practice of the Festival of Motorcycling and may remain until one week after the last race of that event. No approval is granted to the retention of the structures for the period in between the two events.
Reason: To clarify the extent of the planning approval and in the interest of the protection of the countryside.
C 3. The use for food and drink purposes shall be restricted to two containers only and may only be available for use no sooner than one day before the first practice associated with the TT races and up to one day after the last race in that event, and no sooner than one day before the first practice of the Festival of Motorcycling and up to one day after the last race in that event. No approval is granted for any food and drink purposes for the period in between the two events.
Reason: To clarify the extent of the planning approval and in the interest of the protection of the countryside.
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C 4. For the avoidance of doubt, the four containers, associated supports, platforms, scaffolding and spectator seating shall not be stored anywhere outside on the site when not in use, unless otherwise agreed in writing by the Department.
Reason: in the interest of visual amenity, and such storage would need to form part of a separate planning application.
C 5. The site highway layout, access and egress shall be carried out in full accordance with drawing number 100.02 Rev B and retained as such thereafter and visibility splays kept permanently clear of obstruction above 1.05m.
Reason: In the interest of highway safety.
C 6. Prior to the first coming into use the permanent and accessible car parking spaces shall be marked out on site and retained thereafter.
Reason: in the interest of highway safety and parking provision.
C 7. The access lane (between the hardstanding and field) shall be surface finished in a bound material for the first 6m from the edge of the highway and retained as such thereafter.
Reason: In the interest of highway safety and to avoid loose material from entering the road.
This application has been recommended for approval for the following reason. The proposal is only considered acceptable on a temporary basis during the Isle of Man motorcycle racing periods and suitably worded conditions will ensure no permanent or long term retention of any structures so as to protect the character and quality of the countryside and area of high landscape value in accordance with Environment Policies 1 and 2.
Plans/Drawings/Information;
This approval relates to the following drawings and information:
drawing 100.00 Rev A
drawing 100.01 Rev A
drawing 100.03 Rev A
drawing 100.04 Rev A
drawing 100.05 Rev A
drawing 100.06 Rev A
Planning Statement 1612-4.2.3 V1.1 All date received 04th November 2021
Letter from the agent dated 05th January 2022
drawing 100.02 Rev B
drawing 100.10 Rev B
Planning Statement 1612/4.2.3 All date received by email 13th April 2022
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Interested Person Status - Additional Persons
None __
Officer’s Report
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THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT.
PRE-AMBLE 0.1 The application was deferred by the Committee at the meeting dated 11th April 2022, to allow the applicant time to consider amended the application.
0.2 The original application sought permanent siting of four containers, fill and raised platforms within the countryside, and the temporary siting of bleacher seating and scaffolding for watching the races during TT and Festival of Motorcycling (FOM) race periods and for this seating and scaffold to remain up during summer months between racing so as to reduce dismantling times.
0.3 This application was assessed by the case officer, although there could be some imminent need for the proposed developments during the race periods only, there was no overriding national need or exceptional circumstances to warrant the permanency of the four containers, fill and platforms on this site, nor to warrant the long-lasting impacts of the proposals on the countryside and AHLV. The application was also lacking in detail for the proposed imported fill and potential flood risk and so was recommended for refusal contrary to EP1 and EP2, EP 7 and 10.
0.4 Following the preparation of the PC agenda and the refusal recommendation, the applicant sought to amend the scheme to propose the four containers, platforms, scaffold and seating structures for only the race periods, seeking their erection one week before each race period and their removal one week after each race periods, and the structures were not to be retained over the summer period. They also sought to remove the imported fill and provide information to overcome and demonstrate no flood risk.
0.5 Committee members considered that the cumulative changes went too far beyond the original submission and so deferred the application until the next meeting to allow for amended drawings and information to be formally submitted, time for the Commissioners to comment should they wish and time for the officer to prepare condition wording if to be approved.
THE SITE 1.1 The site represents a grassy field and hardstanding area forming part of the larger Glen Moar Mill complex situated on the south-eastern side of the Glen Helen Road part way between Ballig Bridge and Glen Helen, St Johns. Previously the site has been used as a car sales and filling station.
1.2 The site includes the old mill building and the large area of hardstanding which abuts the main road. Alongside the mill is an existing traditional dwelling and some outbuildings recently converted into residential accommodation.
1.3 The grassy field sits to the west of the buildings and hardstanding with an access path running between them. The field and path slope down from the road and towards the rear. Running along the rear boundary is the River Neb.
THE PROPOSAL 2.1 The revised proposal seeks approval for the temporary siting of four containers and associated supports, scaffolding and platforms and the installation of bleacher seating for the IOM TT races and the IOM Festival of Motorcycling races. All the containers, associated structures and seating are to be erected one week before each race period and dismantled and taken off site one week after each race period. The containers, associated structures and seating are not to be retained between race periods.
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2.2 Detail of the proposal also includes the use of two of the containers for food and drink purposes during the race periods, and the containers are shown as being on supporting jacks and scaffold.
2.3 Parking for the proposal is to be on the existing hardstanding area. The supporting statement indicates that there is capacity for 116 bikes, 8 cars and there is a shared minibus/coach area to encourage shared travel.
2.4 The current proposal follows from the original submission which sought the permanent siting of the four containers, the permanent installation of imported fill and raised platform, the temporary erection of scaffolding and bleachers seating for the race periods and the retention of the scaffolding and seating between race periods and over summer months to reduce dismantling times.
PLANNING HISTORY 3.1 The site has been subject to a number of application over recent years, including alterations and conversions to the existing house and outbuildings to provide new residential accommodation with additional tourist use and the extension and conversion of the existing mill into a new residential dwelling with similar tourist use (summary bullet pointed below).
3.2 There is one concurrent application 22/00198/B seeking approval for a further extension to the existing converted outbuildings to provide race marshal facilities and the creation of a roof terrace viewing platform. This application is pending consideration.
3.3 Summary of recent applications approved at the site; o 21/00151/B - Installation of stone cladding and patio doors - approved o 20/00937/C - Additional use of residential (class 3.3) as tourist living accommodation (class 3.6) - approved o 19/01057/B - Conversion and extension of Mill - approved o 15/01387/B - Conversion of tearooms to create two dwellings and siting of a gas storage tank - Approved o PA08/00966/B - conversion of the tea rooms into two dwellings and siting of a gas storage tank - Approved
3.4 There was also an application withdrawn in 2017 under PA 17/00354/B for the conversion of garage to one-bedroom tourist accommodation and creation of race day steward facility with viewing platform over. This was withdrawn due to the garage to be converted not actually existing and concerns expressed for the proposed extensions and viewing facilities.
PLANNING POLICY 4.1 The application site is identified on the 1982 Development Order as being within an area of High Landscape or Coastal Value and Scenic Significance (AHLV), the site is also adjacent to land covered by water (River Neb) and close to Eairy Beg Plantation. Flood maps identify part of the site as being at high river flooding risk and some surface water flooding.
4.2 The land is not zoned for development therefore General Policy 3 of the IOM Strategic Plan 2016 is applicable which sets out a general presumption against any kind of development in the countryside. It is also relevant to consider Strategic Policies 1 and 2 which seeks to make best use of existing sites and resources and directing all new development to town centres and designated sites, Strategic Policies 4 and 5 requires development to protect the landscape and to make a positive contribution to the Island, Environment Policies 1 and 2 that seek to protect the countryside for its own sake and protect AHLV's from harm, Environment Policies 4, 7 and 10 in the protection of habitats, watercourses and risk from flood, Transport Policies 4 and 7 in relation to highway safety and Business Policies 11 in respect of tourist uses being assessed no differently to any other types of development in the countryside. Also relevant are the general development standards set out in General Policy 2.
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REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 German Parish Commissioners - objection (15/12/2021). The scaffolding will be unsightly in an area of high landscape value. The containers should not be on site permanently and they should be removed along with the scaffolding after each race period and not left up for the entire Summer season. The access is also on a blind dangerous corner and the potential movement of lots of vehicles where there is poor vision would be too dangerous particularly during the busy TT period.
5.2 Department of Infrastructure Highway Services - Do not oppose subject to condition (08/12/2021) - 5.2.1 Given the temporary nature of the proposal the works are considered acceptable from a highway perspective and not to raise significant road safety or network functionality issues. While not hitting all current highway criteria such as parking space sizes, the visibility splays have been maximised, there is ample space for pedestrians and vehicles, pick up and drop off and turning space and minded of the fact that the site will be subject to event management procedures it offers a further safeguarding and supervision of the use of the site. The residential and disabled parking bays should be marked and there should be a cap on parking numbers at 124 spaces. Temporary closure of the forecourt is welcomed and barrier details should be required by condition. The access to the field should be suitably surfaced.
Field access surface material to be consolidated and bound for the first 6m.
ASSESSMENT 6.1 The following paragraphs are two fold, i) addressing the issues of the original scheme which was recommended for refusal and presented and deferred by the Planning Committee on Monday 11th April 2022, and ii) the assessment of the amended information and revised scheme which will go back to Planning Committee 25th April 2022.
i) Original scheme recommended for refusal 6.2 The original officers report which was produced for the PC meeting dated 11th April 2022 made clear that there were are no policies that support the permanent siting of containers and no policies that support temporary spectator seating nor the temporary use of containers for café or bar uses in the countryside or AHLV. While there could be some optimised use of land and the proposal would utilise existing highway infrastructure, the original proposal for the more permanent structures failed to take into account the countryside landscape and no other reasonable or acceptable alternative was demonstrated. The permanent siting of the containers and platforms and the temporary retention of the scaffold and bleacher seating for near 5 months of the year was considered to present an unacceptable and significantly intrusive level of development and one that would have a detrimental impact on the countryside and the AHLV, even more so given its location directly alongside an arterial route with large volumes of passing public and with expected views not only to the scaffolding, but also across the tops of the permanent containers. Strategic Policy 5 also requires development to be of high quality making a positive contribution to the Island and the proposal was not considered to be such development meeting with these tests. Although it was agreed that there could be some imminent justification for the development during the racing periods, there was no exceptional reasons or national need for the proposals outside of this time and the long term impacts on the countryside were felt to be significantly harmful and damaging contrary to Environment
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Policies 1 and 2. The lack of detail for the proposed imported fill and potential flood risk ask raised concern in respects of Environment Policies 7 and 10 in ensuring the watercourse was not harmed from potential leaching of fill material or that the proposal was safe from flood harm.
ii) Revised scheme 6.3 The proposal now seeks to amend the scheme omitting the imported fill and now having the four containers assembled on supporting jacks and only having the structures, platforms and bleacher seating for the racing periods only and its removal in-between.
6.4 The supporting statement for the original application included some examples of similar temporary race spectator stands one of which was PA 15/00209/B approved for the annual erection of a temporary scaffolding spectator stand alongside an existing public house in the centre of Ramsey on the TT course. The Inspector's assessment stated "the grandstand offers an excellent spectator viewing point, with riders turning the corner almost below them followed by the sight, and sound, of machines accelerating hard out of Ramsey up Albert Road...As a permanent feature the grandstand would be ruinously intrusive, both in its impact on the attractive public house building and the wider setting of Parliament Square. However, limited to the race events, and seen along with many other temporary features, its beneficial purpose and temporary nature would be immediately apparent, countering any intrusive impact. There are no dwellings close by... Economic benefits to the applicant and the pub, as well as more generally, can reasonably be expected." The application was subsequently approve subject to a condition which said the stand could be erected one week prior to each race meeting and removed within one week after the last meeting, and the condition specifically stated that the grandstand could not be retained between the TT and MGP racing periods.
6.5 Since the original submission and the original refusal recommendation to Committee, the agents have sought to amend the application to a more temporary nature seeking the development for only the race periods and a scheme which is now perhaps not so far removed from the above referenced 2015 application. It has overtime become expected that during these race periods the Island's environment adapts and changes to meet with the imminent racing needs. Just as the Inspector concluded for the 2015 application, the proposals here would still have an adverse visual impact on the whole, but minded of their temporary nature and their positioning only to meet the apparent and immediate needs of the race periods that an exception is to be made for their short term siting and the proposal is considered acceptable subject to suitably worded conditions.
6.6 Turning to the temporary café and bar facilities, again there are no policies which support such retail uses in the countryside, however on a temporary basis for the purposes of the racing periods meeting the immediate racing needs and providing facilities for the site during these race times, that the proposed uses would likely be acceptable and suitably worded conditions should also be added to the application in respect of time limitations.
6.7 The proposal now omits the importation of fill and thus there are no expected impacts on the adjacent watercourse in relation to the quality of this fill or the potential leaching in to the watercourse and as such the proposal is considered acceptable.
6.8 Additional information provided by the applicants indicates the level changes between the site and watercourse with the proposed containers sitting much higher than the river and only on the cusp of the flood risk areas. For the short term duration of the works coupled with the height at which they sit and that the timing of the races is also during the summer months when there is less likely chance of flooding that the proposal is not expected to be at any unacceptable or increased flood risk. This view is concurred. It is also in the applicant's best interest to not have development susceptible to flood risk. On this basis it is considered that the temporary works would have an acceptable flood risk impact in line with Environment Policy 10.
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6.9 The revised drawings were circulated for comment. The report as prepare will be published prior to the deadline for these comments and so these will be verbally updated to the Planning Committee at the meeting dated 25th April 2022. The original views of the Commissioners (as referenced at 5.1 of this report) stated that the scaffolding and structures would be unsightly and that they felt they should all be erected only before and removed after each race period. So minded that the revised scheme now proposes this it is felt that to some degree these concerns have been addressed. Nevertheless given the favourable findings as set out above the application the proposal is considered acceptable. Of course there have been no changes to the highway matters of the proposal and so the Commissioners original comments in respect of highway safety likely still remain unchanged. However given the now temporary nature of the whole scheme and the favourable comments received from DOI (subject to conditions) that the proposal is considered acceptable and not to have a significant adverse impact on highway safety as to refuse the application in this case. It is felt that it would be unreasonable to delay the determination of the application any longer but of course any comments received between now and the Planning Committee meeting will be updated verbally to the members and they would have the concluding view of the determination of the application.
CONCLUSION 7.1 In taking into consideration the above, the level and scale of development for the containers on a now temporary basis only for the racing periods that the proposal is considered to be acceptable. Ensuring the removal of these structures after the racing periods will ensure the countryside and AHLV is suitably protected in line with Environment Policies 1 and 2.
7.2 The removal of the imported fill and the additional information for the flood risk helps to ensure no harmful impact on the watercourse and to demonstrate how the temporary structures would not be at increased flood risk, and on this basis the proposal is considered to meet the tests of Environment Policies 7 and 10.
7.3 Suitably worded conditions shall be added to the application relating to the temporary timing of the structures and ensuring their erection and removal one week before and one week after each race period, the contemporaneous use of two containers for food and drink purposes only for those race periods, the need to undertake the access and highway works in accordance with the submitted drawings, the need to mark out the permanent and accessible spaces in the parking areas, provision of details for barriers and the need for a bound material up to 6m from highway on the access into the field.
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
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o whether there are other persons to those listed above who should 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: 25.04.2022
Signed : L KINRADE 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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PLANNING COMMITTEE DECISION 25.04.2022
Application No. : 21/01316/B Applicant : Rockfell Limited Proposal : Temporary siting of four storage containers (for food and drink), platforms, scaffolding and spectator seating during the Isle of Man TT and the Isle of Man Festival of Motorcycling races Site Address : Land Adjacent To Glen Moar Mill And Field 315139 Glen Helen Road Laurel Bank St Johns Isle Of Man IM4 3NN
Planning Officer : Miss Lucy Kinrade
Presenting Officer As above
Addendum to the Officer’s Report
The planning application was originally presented to Planning Committee at its sitting 11th April.
Determination was deferred by the members in order to obtain further information.
Copyright in submitted documents remains with their authors. Request removal