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22/00090/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 22/00090/B Applicant : Douglas Borough Council Proposal : Variation of condition 2 of PA 20/00038/B to change the operational dates from Thursday 24th to Monday 28th March Site Address : Nobles Park Nobles Park Douglas Isle Of Man IM2 4BD
Principal Planner: Mr Chris Balmer Photo Taken : Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 03.03.2022 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall cease by 1st May 2022
Reason: for the avoidance of doubt and to ensure the development takes place in accordance with the approved details.
C 2. The temporary development hereby approved shall not be operational outside of Thursday 24th March to Monday 28th March 2022.
Reason: for the avoidance of doubt, to ensure the development takes place in accordance with the approved details, in the interests if local amenity and to prevent unacceptable loss of use/access to open space (including parking for that open space). Further, those are the times that have been sought by the applicants and those are the dates that have solely been considered.
C 3. In any calendar year the temporary structure/s and use hereby approved on the site shall not be in situ for more than 10 days.
Reason: for the avoidance of doubt, to ensure the development takes place in accordance with the approved details, in the interests if local amenity, to avoid any conflict with TT/Festival of Motorcycling and to prevent unacceptable loss of use/access to open space (including parking for that open space).
C 4. No performance may take place on the site after 19:30 (Sunday to Wednesday) or 22:00 (Thursday to Saturday).
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22/00090/B Page 2 of 4
Reason: for the avoidance of doubt, to ensure the development takes place in accordance with the approved details and to avoid unacceptable noise impact on local residents.
This application has been recommended for approval for the following reason. The application does not raise any significant concerns nor would the temporary nature of the proposal raise any significant impacts upon public or private amenities and therefore comply with General Policy 2, Environment Policy 22, Recreation Policy 2 and Transport Policy 7 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawing all received on 26.01.2022.
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site forms part of Nobles Park/TT Grandstand, Douglas. The event area is bounded to the North by Glencrutchery Road to the East of the TT Grandstand, to the West by the entrance road to the Police HQ. The car parking included within the red-line boundary is the existing car park to the rear (South) of the TT Grandstand.
2.0 THE PROPOSAL 2.1 The application seeks approval for the erection of a temporary structure (large marquee) to occupy an area of Nobles Park for the purpose of operating a circus show. The site would be used for no more than 10 days - site build for 2 days, performances for 4 days and take down for 2 days. Permission is sought for use from Thursday 24th March to Monday 28th March 2022.
2.2 The application proposed the erection of a circular main tent (36 metre diameter) with a smaller Foyer tent (20 by 10 metres) to the West and a link tunnel. 2 Trailers (13 by 2.6 metres) and 4 artics (11.5 by 2.6 metres) are shown around the edge of the site. The main car park to be used has 309 spaces to be accessed through the application site from Glencrutchery Road. Disabled parking and drop-off is to be at the rear of the TT grandstand (outside the application boundary).
2.3 The applicant indicate the event was held in the same area in April 2019 without issues or concerns and all events on DBC land must adhere to their relevant policies in relation to traffic, insurance, risk assessment and fire. The application includes a traffic management plan which indicates performances finish at 10pm (Thursday - Saturday), 7.30pm (Sunday) and 7.15pm (Monday). It is also accompanied by an Event Plan (including risk assessment).
2.4 Planning approval (20/00038/B) was granted for the same proposal to operate from the 7th April 2020, 6th April 2021 and 5th April 2022. However, this year the Circus is only available in March and therefore would be contrary to the previous approval which stated the Circus could only operate form 5th April 2022.
3.0 PLANNING HISTORY 3.1 Parts of Nobles Park have various approvals for temporary uses associated with TT and the Festival of Motorcycling; however, the following is the most relevant permission;
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22/00090/B Page 3 of 4
3.2 Erection of a circus marquee with associated structures for an 8 day period from 7th April 2020, 6th April 2021 and 5th April 2022 - 20/00038/B - APPROVED
4.0 PLANNING POLICY 4.1 The site is designated in two parts. The site of the Circus tent would be designated as "Buildings or Land for Civic, Cultural or Other Use", whereas the car park proposed to be used in association with the Circus is "Open Space" both under the Area Plan for the East 2020. The site is not within a Conservation Area.
4.2 The following policies in the Isle of Man Strategic Plan 2016 are considered relevant:
5.0 REPRESENTATIONS 5.1 Douglas Borough Council raise no objection (11.02.2022).
5.2 DOI Highway Services Do Not Oppose (10.02.2022).
6.0 ASSESSMENT 6.1 The proposal provides an amenity for the town. It is therefore considered that the main issues are: principle of development; the potential impact upon neighbouring residential amenities; potential impact upon visual amenities of the area; and access and parking.
Principle of development 6.2 Although the proposal does not fit with the land use designation, it is noted that other temporary uses have been approved on the site, that the area which is designated as POS is actually a car park and also that the event would not take place at the same time as TT/Festival of Motorcycling. Therefore, land use zoning it is not considered an automatic reason to refuse the application in this case. Further, it is a material consideration that Planning approval has been granted on the site previously.
The potential impact upon neighbouring residential amenities 6.11 Given the limited period of use of the site, the hours proposed, the lack of complaints last year and the lack of objections to the application it is not considered that there is a concern which would warrant the refusal of this temporary application.
The effect of the proposal upon the character and appearance of the area 6.12 Nobles Park and the general area would be changed dramatically during the event, as is the case during TT and Festival of Motorcycling events. A longer term impact may not be acceptable, but the proposed 10 days (operational for 4) is not considered so great as to warrant refusal.
Access and parking 6.12 An existing car park is available, provision if made for temporary parking and the site is also very close to existing bus routes. Highway Services have considered the scheme and raise no objection.
7.0 CONCLUSION 7.1 The application does not raise any significant concerns nor would the temporary nature of the proposal raise any significant impacts upon public or private amenities and therefore comply with General Policy 2, Environment Policy 22, Recreation Policy 2 and Transport Policy 7 of the Isle of Man Strategic Plan 2016.
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22/00090/B Page 4 of 4
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. __
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Permitted Date : 11.03.2022
Determining officer Signed : S BUTLER
Stephen Butler
Head of Development Management
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