DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/00102/B Applicant: Department Of Enterprise Proposal: Creation of temporary tourist accommodation units and associated facilities for the 2022 TT period Site Address: Former Prison Site Victoria Road Douglas Isle Of Man Principal Planner: Mr Chris Balmer Expected Decision Level: Planning Committee 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 temporary building/s hereby approved on this site shall not be in situ before the 18th May 2022 and shall be removed from the site by the 17th June 2022. The use hereby approved shall not be in operation before the 27th May 2022 or after the 12th June 2022. The site shall be restored to its former condition within 4 days of the temporary building/s being removed.

Reason: The application has been approved as an exception to the Development Plan on the basis of need for the TT event only and for a period of one year as proposed by the application.

• C 2. Prior to the commencement of the development, a plan must be submitted to and approved in writing by the Department to show highway visibility splays of 2.4m x 43m in both directions to the nearside kerb line from the site access to be used as the exit. The visibility splays as approved must be provided prior to first use of the development, and maintained as such unobstructed whilst the site is in use, with nothing above 1m in height within the visibility splay areas. Reason: In the interests of highway safety.
• C 3. Prior to the commencement of the development, a plan must be submitted to and approved in writing by the Department to show the car park laid out with spaces of at least

• 2.5m x 5m in size with a minimum car park aisle width of 6m. The car park must be marked out in accordance with the approved plan prior to first use of the development.

Reason: to maximise the number of parking spaces that could be accommodated on the site to limit any overspill parking onto the public highway, and to ensure adequate manoeuvring space is available for vehicles and servicing.

This application has been recommended for approval for the following reason.

It is concluded the proposal would be acceptable for a temporary period only and would not significantly affect public or private amenities and comply with General Policy 2, Business Policy 11 and Transport Policy 4 of the IOM Strategic Plan 2016.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 26.01.2022. _______________________________________________________________

Interested Person Status

Additional Persons

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions these do relate to planning considerations:

Flood Management Division (DOI) _____________________________________________________________________________

Officer’s Report

HIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL

1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of the former prison site along Victoria Road in Douglas. The prison has been demolished in recent years and is now cleared.

2.0 THE PROPOSAL - 2.1 The submitted application seeks planning approvals for the creation of temporary tourist accommodation units and associated facilities for the 2022 TT period. The works include the installation of 168 tourist living accommodation units and associated facilities for the 2022 TT period which this year runs from the 27th May 2022 till 12th June 2022, with a set up period of 8 days and 4 days to remove from site. The units are proposed to be used at the Glastonbury Music Festival on the 24th June. - 2.2 The 168 tourist units, which have the appearance of a portacabin buildings, which would be positioned in 6 parallel rows (generally 30 in each row) within the upper to central part of the site. Each unit would provide two single beds and a bathroom. The clients for this accommodation will be a mix of corporate guests of sponsors, European visitors and short stayers, who will predominantly be flying to the event. - 2.3 The proposal includes the erection of a marquee building, which would be used to serve guests a continental style breakfast. Tea and coffee refreshments would also be provided. There will be no retail or alcohol sales and no music/performance events on the site. - 2.4 The applicants anticipate that very few guests will have their own transport: the corporate guests profile indicates they will be transported by sponsor's vehicles or utilise either taxi or minibus arrangements to site. Notwithstanding this, there is provision for 10 cars and motorcycles within the existing hardstanding area adjacent to the entrance of the site. - 2.5 The application is identical to those approved previously (see planning history).

- 3.0 PLANNING HISTORY

3.1 The previous planning application on this site which is considered relevant to the determination of this application: - 3.2 Creation of temporary tourist accommodation units and associated facilities for the 2022 Classic TT and Grand Prix period - 22/00103/B - PENDING CONSIDERATION - 3.3 Creation of temporary tourist accommodation units and associated facilities for the 2020 festival of motorcycling (21.08.20 - 06.09.20 inclusive) - 20/00255/B - APPROVED - 3.4 Installation of 150 tourist living accommodation units and associated facilities for the 2019 TT period - 18/01346/B - APPROVED subject to the following conditions:

"C 1 The temporary building/s hereby approved on this site shall not be in situ before the 16th May 2019 and not in operation till the 24th May 2019 and until the 9th June 2019. The site shall be restored to its former condition within 4 days of the temporary building/s being removed after the event.

Reason: The application has been approved as an exception to the Development Plan on the basis of need for the TT events only and for a period of one year as proposed by the application.

• C 2 Prior to the commencement of the development, a plan must be submitted to and approved in writing by the Department to show highway visibility splays of 2.4m x 43m in both directions to the nearside kerb line from the site access to be used as the exit. The visibility splays as approved must be provided prior to first use of the development, and permanently maintained as such unobstructed thereafter with nothing above 1m in height within the visibility splay areas. Reason: In the interests of highway safety
• C 3 Prior to the commencement of the development, a plan must be submitted to and approved in writing by the Department to show the car park laid out with spaces of at least 2.5m x 5m in size with a minimum car park aisle width of 6m. The car park must be marked out in accordance with the approved plan prior to first use of the development.

Reason: to maximise the number of parking spaces that could be accommodated on the site to limit any overspill parking onto the public highway, and to ensure adequate manoeuvring space is available for vehicles and servicing."

- 4.0 PLANNING POLICY

4.1 The application site is within an area designated as "predominantly residential" under the Area Plan for the East 2021. The site is not within a Conservation Area.

4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan contains four policies that are relevant to the assessment of this current planning application. The planning application should be assessed against both General Policies 2 and 3: while the latter refers only to land not zoned for any development, some of the general principles of General Policy 2 with respect to the character of the area and impact upon highway safety. - 4.3 General Policy 2 states; "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;

• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

4.4 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

• (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, historical, or social value and interest (Housing Policy 11)
• (c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental 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-dependant development in connection with the working of minerals or the provision of necessary services;
• (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."

4.5 Business Policy 11 states: "Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designations which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be situations where existing rural buildings would be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted." - 4.6 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."

- 5.0 REPRESENTATIONS

5.1 Douglas Borough Council does not oppose (04.02.2022).

5.2 Highway Services comment (03.02.2022): "After reviewing this Application, Highway Services finds it to have no significant negative impact upon highway safety, network functionality and /or parking given previous planning

• approvals arrangements for travel to and from site are predominately non car based negating the need for a car parking plan. Consideration should be given to repeating condition 3 of PA18/01346/B on visibility, ground reinstatement at end of period, and restricting use to the 2022 TT and Grand Prix periods as well as to cover the duration for erection, dismantling and any reinstatement necessary. Highway licences may be necessary for advance signing on the highway."
• 5.3 Flood Management Division do not object (31.01.2022).

- 6.0 ASSESSMENT

6.1 There are no specific policies in the Development Plan which relate to camping/temporary unit uses. The application therefore needs to be judged on its own merits, having regard to the visual impact of the proposed temporary accommodation, the impact upon highway safety, and finally the impact upon neighbouring properties. VISUAL IMPACT OF THE PROPOSED TEMPORARY ACCOMMODATION

6.2 The site located on a corner plot would result in the proposed development being is clearly visible from Victoria Road, Victoria Avenue and Upper Dukes Road. The proposed temporary buildings are not of architectural quality; they essentially appear as rows of portacabins. They are purely 'function of form'. If this application was proposing the units on a permanent basis, then it would be strongly resisted as they are not an appropriate form of development within the area. However, being operational for 16 days only (total time including installation, operation and takedown is 28 days) it is considered; similar to the Snoozebox application (similar unit/use that operated on Nobles Park), it is considered the very temporary needs for this proposal, outweigh the visual harm it would cause. THE IMPACT UPON HIGHWAY SAFETY - 6.3 The site is situated within Douglas and is on a main bus route for public transport into Douglas as well as good connections throughout the Island. The site is also within close proximity to the Grandstand/ TT course making it a logical location for the proposed use. As highlighted by the applicants the likely occupants would not necessarily have their own vehicles, relying on sponsors' vehicles/taxis/mini buses. Further, the proximity to the Grandstand and Douglas Town Centre also helps reduce the reliance on private vehicles; as such areas are also within walking distance. A condition should be attached which requires a plan being submitted (as previously attached) showing the required visibility splays of 2.4m x 43m in both directions to the nearside kerb line from the site access to be used as the exit. These can be provided, albeit will require the lowering of a section of stone walling, which is also considered acceptable. It does not appear these where undertaken and therefore the previous operation of the site in 2019 could be considered to be used unlawfully as they failed to meet the required conditions. - 6.4 Highway Services previously also sought outline two conditions relating to the car parking being laid out with spaces of at least 2.5m x 5m in size with a minimum car park aisle width of 6m and also restricting the tourist units to be used only for TT. In terms of the first condition initially it was considered this may not be necessary as this is a one off event and second as the majority of vehicles likely to be parking on the site are motorbikes. However, the applicants have advised that there will be a maximum of 40 motorcycles and 20 cars. It would appear the majority of cars/vans would be associated with the servicing of the site (food deliveries, cleaning, laundry & refuse) and therefore the setting out of the spaces would as Highway Services previously indicate "maximise the number of parking spaces that could be accommodated". Accordingly, the condition should be attached. In terms of the condition relating to use, Condition 1 of the approval would essentially control this again. IMPACT UPON NEIGHBOURING PROPERTIES - 6.5 Clearly the proposal will have an impact upon neighbouring amenities, namely people coming and going from the site throughout the day and night. The proposal would appear to

• be trying to resolve the potential impact with the position of the units away from residential properties to the southwest of the site and ensuring that no alcohol/music is provided within the marquee building. Further, comfort is had that it is not envisaged that large amount of vehicles would come and go from the site for the above reasons previously stated. The applicants have also indicated that the site would be manned by a site manager, located on site in a temporary office, supplemented by security and housekeeping staff who will service all rooms within an onsite collection of laundry and refuse.
• 6.6 Weight is also attached to no objections being received from neighbouring residents (even after the site has operated once before) and also given the temporary nature of the proposal which would be operated for 16 days only. It should be remembered that the planning system cannot control how a site is managed, and nor can it control how people behave or the hours of the day that people would come and go from the site. It is true; however, that it is clearly in the operator's interest to ensure the site is properly managed.

- 7.0 CONCLUSION

7.1 Due to the reasons stated, it is concluded the proposal would be acceptable for a temporary period only and would not significant affect public or private amenities and comply with General Policy 2, Business Policy 11 and Transport Policy 4 of the IOM Strategic Plan 2016 and therefore the application is recommend for an 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.

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: 14.03.2022

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

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