Report on a Planning Appeal - Written Representations Case By Mrs Jennifer Vyse DipTP, MRTPI, DipPBM Site Inspection carried out on 23 September 2024 ____________________________________________________
Appeal Ref: AP24/0019 Planning Application: 23/01330/B Address: Field 234227, Main Road, Kirk Michael
The appeal is made by Mrs Julia Anne Diggines-Patman against the decision of the Planning Authority to refuse a planning application for what is described as the expansion of the existing camping area and the installation of 14 electric hook-up points for campervan pitches.
Planning History
1. In 2014, temporary permission was granted for use of part of the current application site as a campsite during the TT and MGP, including installation of a toilet and shower facility (PA14/01001/B). That permission expired after the 2018 MGP/Festival of Motorcycling. In November 2018, permanent permission was granted for use of the campsite but only during TT and MGP race periods (both pre-erected tents and those bringing their own) and a toilet/shower facility (PA18/00993/C).
2. In 2020, permission was refused for year-round use of the land the subject of the current proposal as a camp site, including hard standings for camping vehicles with associated electric hook up points, installation of cladding to and relocation of existing toilet/wash facilities and erection of an attached motorcycle shelter, relocation of a wooden structure to provide a café and social area and construction of decking (PA20/00175/B). In essence, it was considered that the development would result in the unwarranted loss of agricultural land and would present a substandard facility. It would result in a significant culmination and spread of camping items, campervans and vehicles on land not designated for development resulting in harm to the character and appearance of the countryside and the adjacent Conservation Area. Highway safety was also an issue. The subsequent appeal was dismissed for similar reasons.
DESCRIPTION
3. The Pennybridge TT Campsite is located on the outskirts of Kirk St Michael, on the western side of the A3 which forms part of the TT course at this point. The site lies to the north of a petrol filling station, which is the last building when heading out of the village along the A3. Orrisdale Road adjoins the site boundary to the north, and a former railway line (Heritage trail) runs along the western site boundary. Although the description of development set out above, which is taken from the planning application form, refers only to Field 234227, the redline application site includes Field
The appeal site forms part of the larger Glebe Farm holding, the majority of which lies to the west of the old railway line.
4. Permission is sought to substitute some of the permitted 65 camping pitches for campervans and 14 associated hook ups.
5. The plans on which my recommendation is based, are numbered Page 1, 2 and 3 and are dated 3/11/2023. Page 1 shows the existing site layout, with page 2 showing the proposed layout (both at a scale of 1:1000) with the key shown on a separate sheet. Page 3 comprises the site location plan (at a scale of 1:2500).
RELEVANT POLICY AND GUIDANCE
6. The site is within an area designated as 'Open Space (agriculture)' on the Kirk Michael Local Plan 1994. The vast majority of the site lies adjacent to, but outwith, the Kirk Michael Conservation Area 2006: the shower/toilet block is within the Conservation Area. The site also lies within an Area of High Landscape or Coastal Value and Scenic Significance (AHLV) as defined on the 1982 Development Plan.
Isle of Man Strategic Plan (2016)
7. Strategic Policy 8 is generally permissive of tourist development provided, among other things, it does not adversely affect environmental or highways interests. Together and among other things, Strategic Polices 3, 4 and 5 seek to preserve or enhance the character of the landscape, with General Policy 3 and Environment Policies 1 and 2 seeking to protect the character and appearance of the countryside landscape of AHLVs for its own sake, unless there is an overriding national need for it, with no reasonable and acceptable alternative.
8. Environment Policy 35 is only permissive of development within a Conservation Area that would preserve or enhance its character or appearance, with Environment Policy 36 only permitting development outside of, but close to, Conservation Areas where there would be no harm to important views into and out of the Conservation Area.
9. Business Policy 11 makes clear that policies protecting the countryside apply to tourist development with as much weight as to other types of development.
10. Transport Policy 4 requires that highways serving new development be capable of safely accommodating vehicle and pedestrian journeys generated by that new development.
Policy on the Development of Non-Serviced Accommodation (2019)1
11. In 2017, the Department commissioned a study into the non-serviced accommodation sector (which includes campsites) in order to shape a future development strategy.2 The Policy builds on that, setting out the Government’s priorities as they relate to tourism.
THE CASE FOR THE APPELLANT
The material points are:
12. The reasons for refusal are contradictory and seem to refer to the previous application, not this one.
1 Commissioned by the then Department of Economic Development
2 Non-Serviced Accommodation Futures Study (March 2017)
Character and Appearance
13. We are looking to substitute some of the permitted 65 camping pitches for campervans and 14 associated hook ups for race periods only. We would use a small part of field 234277, which backs onto the boundary fencing between the food marquee along the treeline, around to the bottom grandstand. They would not be sprawled out across the site. The others would be along the hedgerow backing on to the former railway line, approximately 45 metres from the main road and not indirect eyeline. Most of the camping is obscured by the grandstands and food marquee. The campsite is not in the Conservation Area.
14. The surrounding hedgerows screen the campsite, all of which have been cut back to allow the hedgerow to thicken, which will then be maintained yearly. Other areas have been planted with native trees, buddleia, hawthorn and some fruit trees and wild flowers to encourage bees, butterflies, insects, small bird population and bats. Fencing is permanently in place for the protection of the trees, hedgerows, banking and wildflower area, and protection of visitors during the race periods. No permanent lighting is used on the site, only solar stake lights placed along fence line to guide pathways.
15. We offer free parking for local residents, who leave their cars on the site so they can access their homes from the former railway line. The campervans parked for camping would be no more of an impact than the vehicle parking area used daily for racing and with the visitors to the racing. When the race period is over, the land reverts back to grazing land for sheep.
Need
16. Many of the regular TT/MGP campers at the site (including 48 Marshals) have upgraded to campervans/motorhomes, enjoying the comfort and security they provide, and require a hook-up, including, in some cases, for medical equipment. There is an overriding need for campervans, especially with the adverse weather conditions where tents and equipment get damaged.
17. It is common knowledge that there are not enough campsites, especially as Silly Moos has to the north of the Island has closed as has Ballamoar in Ballaugh. We do have fields on the other side of the old railway line, but that means any footfall and traffic would have to continuously pass between the house and the stables, over a single track bridge over the former railway line to the shower block etc. and so is deemed to be unsuitable.
18. We often have people wanting to stay here because of the lovely views of the surrounding areas and are able to relax and appreciate the historic value of the area, with easy access to walks along the beach, surrounding countryside and glens while enjoying the racing from where they are camping. With the bonus of buses by the EVF garage serving the Island in either direction for days and nights out, a pub that is a ten minute walk away for evening meals plus all the shops in Kirk Michael.
Highway Safety
19. Highways Services do not oppose on highway safety grounds. There have been no recorded collisions near the site in the last nine years. The access is
of sufficient size to cater for shared use with reasonable visibility to and from the gate and Orrisdale Road Junction with the A3. Given the known peak activity, when the site has up to 65 pitches, the generated traffic would not be expected to cause negative material impact in terms of highway safety.
20. The parking for Millies Garden and dog walkers is restricted during TT/MGP by the police. Cones and barriers are placed to allow access for the fire engine that we give permission to park on our site, which requires access to the Orrisdale Road in case of emergencies.
THE CASE FOR THE PLANNING AUTHORITY Character and Appearance
21. The site has approval for use as a temporary campsite to support about 65 pitches (without allowance for motorhomes), with a more recent application to create a permanent campsite (under PA 21/00175/C) to include motorhomes being refused at appeal. The Inspector noted in that case that "the permanent campsite proposed, whilst of smaller scale and higher quality than the approved part-time site, cannot otherwise be compared in planning terms with the temporary facility, which operates only within the particular circumstances of the TT and MGP periods." The Inspector also noted that the proposed development would only be acceptable in principle if there were no harm to the character and quality of the landscape of the AHLV, unless the location was essential and there was a recognised overriding national need for which there was no reasonable and acceptable alternative.
22. The site lies alongside the main road on the approach to Kirk Michael on the A3. The appellant states that they are seeking to substitute some of the 65 tent pitches approved under PA 14/01001/B for campervans and 14 associated hook-ups. That seems to imply that there would be no real change in terms of the nature and scale of development when compared with that originally approved. However, the current scheme differs from that considerably. Replacing camping pitches with campervans would change the appearance of the features and camping apparatus on site. Moreover, campervans require more space than camping tent pitches. The scheme also proposes to extend camping activity into the adjoining field, which is currently not used for camping activities.
23. Even though the 2020 application only proposed 10 campervans, four less than the current scheme, to be sited along the side of the site furthest from the main road, the Inspector found that in wider views, especially on the main road approach to Kirk Michael along the A3, the totality of the camping and campervan pitches, with their associated camping paraphernalia, would have a marked adverse impact on the appearance and character on the countryside landscape of the surrounding AHLV.
24. The current proposal would spread campervans/motorhomes beyond the existing site, further into Field 234228 and part of Field 234227. As such, their associated camping paraphernalia would be clearly visible from the highway and large parts of the surrounding landscape, which is elevated in relation to the site, offering unlimited views to the site. Given that context, the impact on the appearance and character of the countryside landscape and the surrounding AHLV, would be significant, much greater than the impacts associated with the currently permitted development on the site.
25. No form of screening exists on the eastern boundary of the site, adjacent to the road, and none is proposed. As a consequence, the campervans/ motorhomes would be clearly noticeable, bringing the scheme into unacceptable conflict with the provisions of policies EP1, BP11 and STP8 of the Strategic plan, which together seek to protect the countryside for its own sake.
Adjacent Conservation Area
26. The site occupies a prominent gateway location into/out of the village, not only acting as a visual buffer to the built development, but also defining the edge of the village and the start of the countryside. The parking of campervans across the site would have a significant adverse visual impact on the rural context and enjoyment of the site, which would negatively impact the wider AHLV, drawing attention away from the historic and architectural features of the nearby properties that positively contribute to the character and appearance of the Conservation Area.
27. While the temporary campsite is considered acceptable in its current form, the current proposal would introduce campervans/motorhomes, and their associated camping paraphernalia, into Field 234227 and further into Field 234228, which currently do not serve camping purposes. This would have a significant adverse impact on the visual quality of the area, in addition to impacting views into the adjacent Conservation Area contrary to EP35.
Need
28. The appellant has not demonstrated an overriding national need for the development proposed and/or whether there are any reasonable acceptable alternatives. It is important to bear in mind that, as set out in the Strategic 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 (Business Policy 11).
29. The Non-Serviced Accommodation Study (NSA) sets out the criteria against which the proposal should be assessed when considering overriding national need. Whilst the development would serve to attract families, walkers, it fails to meet the provisions of the other 11 measures. Furthermore, the proposal is not supported by any robust demonstration of financial viability, environmental sustainability, 'additionality', securing investment, raising the profile of the Island, or providing high quality, distinctive accommodation. There is no information either in terms of the previous uptake or demand for campervans during race periods, nor any business plan to demonstrate economic benefit sufficient to outweigh any adverse impacts on economic, social or environment sustainability as set out in the Draft Planning Policy Statement on Planning and the Economy (2012) in delivering prosperity, jobs, diversification and economic growth across the Island.
30. In terms of possible alternatives, it is noted that the fields affected sit directly adjacent to the existing temporary campsite run by the appellant, which lends itself for easy consideration as a viable site. Moreover, the plans clearly indicate other fields within the appellant's ownership, in close proximity to the existing camp site, which are better screened in terms of potential impacts on the character and quality of the landscape of the AHLV. No information is provided to indicate why these were not considered as
suitable alternative sites. In the absence of overriding national need for which there is no alternative, the development would not protect the countryside for its own sake and thus would be contrary to Policies GP3 and EP1 of the Strategic Plan.
31. It should also be noted that the site is situated in the north of the Island, which is not a priority area for such development. Whilst the NSA specifies that there is potential for new four or five star campsites, it also states that the more sensible route would be to upgrade existing campsites and possibly their extension into adjacent land, with provision made in the south where camping sites are lacking. That weighs against the proposal. In any event, the scheme proposed could not be judged as an upgrade as it only includes hook-up points, without incorporating the facilities referred to within the policy that would constitute an upgrade. Moreover, the accommodation proposed is not one of the types of non-serviced accommodation identified as being in short supply within Paragraph 8.2 of the NSA.
Highway Safety
32. DOI Highways are satisfied that the proposal would have no significant negative impact upon highway safety, network functionality and/or parking, with sufficient visibility at the site access and suitable manoeuvring space within the site. They do, though, highlight a potential safety concern regarding traffic noise levels and protection in the event of errant vehicles leaving the A3. However, concerns regarding impacts on public parking by the Orrisdale Road access are not of sufficient weight as to result in refusal of the scheme, since the scheme does not propose to alter the access arrangement to the site, and the use of this parking area is not currently impeded by use of the access.
33. Whilst the absence of a more detailed technical highway assessment of traffic flows and junction capacity at Orrisdale Road weighs against the proposal, with some doubt as to whether the development would avoid undue harm to road safety, there is not sufficient reason to refuse the application in these grounds.
Conclusion
34. The development would result in a significant culmination and spread of camping items and supporting facilities on land which is not designated for development and which would adversely impact the visual appearance of the site and surrounding countryside. There would also be harm to the adjacent Conservation Area. There is no information to demonstrate that there are no other reasonably acceptable alternatives, or that there is an overriding national need for a campsite of this standard in this specific location. There would be conflict in this regard, with the relevant development plan policies and the principles promoted by the IOM Non-Serviced Accommodation Futures Study (March 2017) and Policy on the Development of Non-Serviced Accommodation 2019.
KIRK MICHAEL COMMISSIONERS
35. The Commissioners support the proposal and express disappointment at the decision to refuse permission.
Visit Isle Of Man
36. The officer’s report refers to conflict with the principles of the Department for Enterprise IOM Non-Serviced Accommodation Futures Study (March 2017) and Policy on the Development of Non-Serviced Accommodation 2019. However, that policy has been superseded by the Our Island Our Future – Isle of Man Visitor Economy Strategy 2022 - 2032. Within the Strategy, we state that we will work with all of the relevant Government departments and agencies to deliver a visitor Accommodation Transformation Strategy, to include the progression of a series of Island-wide visitor accommodation development initiatives, including a motorhome stopover network around the Island, not just for TT and MGP.
37. This campsite has been operating for TT and MGP since 2015 and the transition to facilitate motorhomes is due to the demand and growth of this particular tourism market following the pandemic. This is a trend that has also been growing during the TT and MGP periods, but we currently lack the facilities to accommodate that demand.
38. This campsite is striving to upgrade its facilities, helping meet the increase in visitors during the peak TT and MGP periods, when bedspaces are in very high demand. The 2023 Isle of Man TT Survey showed an estimated 43,272 visitors for the TT that year, a rise of approximately 6% compared with 2022, as well as the fact that we are trying to alleviate the pressure on the infrastructure during both periods in terms of a Wet Weather Plan.
39. The Island lacks the required level of good quality campsites help to support the additional bed spaces required for the TT event. The Motorsport team seeks to grow the audience in 2024 to 47,000 (as per the Department for Enterprise Plan 2024-2025) at the event and therefore we need to manage the additional accommodation capacity of the tourist accommodation across the Island. We therefore support the addition of 14 electric hook-ups for motorhomes on this site, which would add to the development of the stopovers network during the TT and MGP.
OTHER REPRESENTATIONS RECEIVED
40. DoI Highway Services (Highways Development Control): no objection.
41. DoI Highways Drainage: the development must not allow surface water run-off onto the highway.
42. DEFA Environmental Protection Unit: no adverse comments.
43. DEFA Biodiversity Team: no objection subject to conditions. Local Residents
44. The owners/occupiers of two local properties raised the following concerns:
the proposal seeks to use an established public parking area by the site access on Orisdale Road which is popular for dog walkers, and visitors to the Milly's Picnic Garden, as a turning area. The parking area is particularly busy during the Spring and Summer months, the very period the applicant wants to run the camp.
the current application is broadly similar to PA 21/00175/B (which was refused), with no significant differences.
the lawful use of Milly's Picnic Garden would be affected by the proposed seasonal campsite.
the proposed installation of fourteen electric hook-up points for campervan pitches is a new element to the proposal, but the scheme still involves 65 tents pitches and motorhomes on Field 234227.
45. Two letters of support were received, one from long-term users of the campsite and the other from a local motor cycle club. Comments note the limited availability across the island for motorhome standings at TT/MGP times and the closure three campsites is noted. Other comments refer to it being in the interest of both visitors and businesses on the island to promote the availability of more spaces, as more spaces bring more people purchasing goods and services across the Island, not just for the site itself. The existing site facilities have never been overstretched, indicating that extra motorhome spaces wouldn't create capacity issues assuming the septic tank arrangements are adequate, especially as motorhomes bring with them their own toilets/showers etc. Pennybridge is ideally suited for this on the quieter side of the Island with fantastic walking, off-roading, beaches and the commercial shopping, and eating/drinking establishments from Peel through to Ramsey. The site is well served by public transport.
ASSESSMENT BY INSPECTOR
46. The main issue in this case relates to whether there would be any harm to the character and appearance of the surrounding area, including the adjacent Kirk Michael Conservation Area and if there is, whether that harm is outweighed by an overriding national need for which there is no reasonable and acceptable alternative.
Character and Appearance
47. Together, Environment Policies 1 and 2, General Policy 3 and Business Policy 8 of the Strategic Plan make clear that any development adversely affecting the landscape of the AHLV can only be justified by an overriding national need and the absence of a reasonable alternative.
48. Part of the appeal site benefits from a permanent permission for use as a campsite at two specific times of the year, namely no earlier than seven days before the first practice associated with the TT and with the Manx Grand Prix/Festival of Motorcycling and up to seven days after the last race in each case. In addition, the camp site may be erected within three days before this and taken down within three days after this. It is my understanding, from the evidence before me, that at those times, the site accommodates up to 65 camping pitches, comprising a mix of pre-erected tents and campers’ own tents. The currently permitted camping area is confined to the pink cross-hatched area shown on the plan below.
49. Also shown on that plan are two viewing grandstands that are erected during race periods (areas of black cross-hatching adjacent to the A3) and an area
within the north of the appeal site, defined by black diagonal hatching, that is used for vehicle parking during race times, accessed off Orrisdale Road.3
50. The locations of the proposed motorhome/campervan pitches are hatched blue on the Plan below.
51. A total of seven hook-up posts are shown, each serving two pitches (shown on the plan below as a red within areas of the blue hatching) - four (serving 8 pitches) are ranged along the western site boundary, between the existing site access track and the vegetation that lines the adjacent Heritage Trail, with a further three hook-ups (six pitches) along the northern edge of the existing permitted camping area. In addition, an unspecified number of motorhome/campervan pitches without hook-ups are shown along the eastern edge of a tree and wildflower area and along some 75 metres of the site frontage at the southern end of the site, directly adjacent to the A3 (within Field 234227), plus a further pitch adjacent to the former railway
3 The cross hatched building at the south of the site is the toilet/shower that lies within the Conservation Area.
A site plan showing land parcels, road boundaries, and proposed areas marked with pink and green hatching near Pennybridge Stables.A site plan showing the proposed layout of campervan pitches along a road with field boundaries and plot numbers.
boundary and another on the eastern side of the existing access road, within Field 234227.
52. In my view, activities that already happen within the larger field (234227) at race times will detract in character and amenity terms from what would otherwise be an open field on the very rural approach to the village and its Conservation Area. That said, the area within which camping can currently take place is generally well screened, set behind existing buildings and a fenced tree/wildflower area, which minimise it visual impact.
53. In the context of the currently permitted race period parking on the site, the presence of the grandstands and general activity within field 234227 at those times, I consider that the motorhomes/campervans proposed on the western part of the site along the former railway line, which would be seen against the backdrop of the vegetation along that boundary, would not appear unduly intrusive on the approach to/exit from the village along the A3, or in wider range views from the surrounding area. In essence, they would not materially alter the impacts of the existing permitted development on the site during race periods. Views of those pitches from the adjacent Conservation Area would also be screened by existing buildings within the complex to the southwest of the site.
54. I do, however, have significant concerns about the proposed introduction of pitches onto the southern end of Field 234227, including pitches hard up against the boundary with the A3. These would be much more intrusive on the downhill approach from the north, on exiting the village and from the wider area, than the pitches referred to above. They would introduce large vehicles and associated paraphernalia into an area that is currently free of such structures during race periods, with a consequential marked adverse impact on the established character and appearance of the countryside landscape of the ALHV and the rural setting of the Conservation Area. I appreciate that that impact would not be permanent, occurring on only two occasions a year, but that would be over several weeks in total. There would be conflict in this regard, with Environment Policies 1 and 2, Business Policy 11 and Strategic Policy 8 of the Strategic Plan, which in essence seek to protect the countryside for its own sake.
Need
55. Together, Environment Policies 1 and 2, General Policy 3 and Business Policy 11 of the Structure Plan make clear that any development affecting the landscape of the AHLV can only be justified by an overriding national need and the absence of a reasonable and acceptable alternative.
56. The proposal is supported by the Commissioners and by Visit Isle of Man, whose statement includes evidence of potential customer demand. Moreover, as advised by the appellant, two other campsites have recently closed, which will no doubt increase demand for pitches on existing campsites. I am also mindful that there is broad Government support for high quality camping facilities. However, no quantified evidence of ‘overriding’ need at national level for the development proposed is before me.
57. One place to look for a demonstration of such need might be the 2019 NSA. In relation to camping, it notes that there is limited provision of hardstanding
pitches for motorhomes and electric hook-ups. However, paragraph 8.2 of the Study makes it clear that the focus will be on the types of non-serviced accommodation identified as being in short supply - campervan/mobile home pitches are not listed there.
58. Visit Isle of Man advises that the NSA has been overtaken by the Our Island Our Future – Isle of Man Visitor Economy Strategy 2022 – 2032, referring to a visitor Accommodation Transformation Strategy that would include initiatives such as a motorhome stopover network around the Island, not just for TT and MGP. However, I have no information about that Accommodation Strategy.
59. To conclude, whilst there clearly is some demand for campervan/motorhome pitches on the appeal site, an ‘overriding national need’ for spaces in this location has not been demonstrated.
60. In the event that the Minister disagrees, I look at possible reasonable and acceptable alternatives. The Planning Authority refers to other, better screened fields to the west of the former railway that are in the appellant’s ownership. The appellant resists development there, essentially on the grounds of disturbance from vehicles and guests passing back and forth between the house and existing stables and over a single track bridge across the former railway line to the shower block etc, so is deemed to be unsuitable.
61. Quite apart from the fact that campervans/motorhomes tend to have integral toilets and showers, crucially, there is nothing before me to demonstrate that other locations elsewhere, not in the appellant’s ownership, do not present a reasonable and acceptable alternative and which would not conflict with the protective policies of the Strategic Plan to the same degree. I conclude, therefore, that there would be in conflict with General Policy 3 of the Structure Plan in this regard.
Highway Safety
62. Notwithstanding objections raised by local residents, DOI Highways is satisfied that the proposed access arrangements would have no significant impact on highway safety, network functionality and/or parking, as the site access has adequate visibility with suitable vehicle manoeuvring space.
63. The appellant is advised though, to consider whether site pitches next to the A3 are suitable due to traffic noise and protection in the event of errant vehicles leaving the A3. That is a matter for the appellant and the occupiers of those units, as opposed to a highway safety issue. I find no conflict therefore, with Transport Policy 4 of the Strategic Plan, which seeks to protect such interests.
OVERALL CONCLUSION AND RECOMMENDATION
64. For the reasons set out above, and having considered all matters raised, I conclude that the appeal should succeed, but only in relation to those motorhome/campervan pitches and four double hook-up points, shown on the Page 2 Plan against the western boundary of the site, adjacent to the old railway line, which pitches are completely severable from the remaining
pitches shown on that Plan. This would, in effect, create a new freestanding permission for the camping use of the site.
Reason: When considered in the context of existing activity in the field during race times, the siting of campervans/motorhomes against the western boundary of the site, adjacent to the former railway line, including four hook-up points (serving 8 pitches) as shown on the Page 2 Plan, would result in no material harm to the character and appearance of the surrounding area, including the AHLV and adjacent Conservation Area. There would be no conflict in this regard, with Environment Policies 1, 2 and 36, or Strategic Policy 8 of the Strategic Plan.
65. However, I consider that the remaining campervan/motorhome pitches shown on the Page 2 Plan (namely those pitches and hook ups along the northern edge of the existing permitted camping area, and the pitches without hook ups along the eastern edge of the tree and wildflower area and along some 75 metres of the site frontage at the southern end of the site, directly adjacent to the A3 (within Field 234227)) would have a materially harmful impact on the appearance and character of the countryside landscape, even in the context of existing activity on the site during race periods. This is a prominent site in a gateway location on the edge of the village, within an AHLV, adjacent to a Conservation Area. With regard to the provisions of General Policy 2(g) I have found no overriding national need for those pitches. Even if there were, there is no assessment to demonstrate that there is no reasonable and acceptable alternative.
Reason: The siting of campervan/motorhomes onto the southern part of Field 234227 would be materially more intrusive than the existing activity in the field during race times, in a prominent gateway location on the edge of the village. There would be a consequential harmful impact on the established character and appearance of the AHLV and the setting of the Conservation Area. Whilst that impact would not be permanent, occurring on only two occasions a year, it would occur over several weeks in total. The evidence does not demonstrate an overriding national need for those pitches, but even if there were, there is no assessment to demonstrate that there is no reasonable and acceptable alternative There would be conflict in this regard, with Environment Policies 1, 2 and 36, Business Policy 11 and Strategic Policy 8 of the Strategic Plan.
66. Should the Minister agree, recommended conditions in relation to the westernmost pitches, and the reasons for them, are attached at Annex A below. They are based on the suggested conditions attached to the Authority’s Statement of Case and reflect the position that the grant of permission would create a new free standing permission for camping/campervan use of the site, overtaking, in effect the extant 2018 permission.
67. With that in mind, I have also had regard to the conditions on the extant permission, which have informed two additional recommended conditions, relating to the need to remove the toilet and shower facilities should the use cease, and another stating the times that the campsite can be used (ie during race periods only). In the light of the latter condition, there is no
need for the Authority’s suggested condition stating that any motorhomes stationed on the site shall not be occupied as a person's sole or main place of residence, since they could not be on the site lawfully in any event, pursuant to the restriction of the use to race periods only. For the same reason, the suggested condition referring to removal of tents and motor homes outside the main campsite is unnecessary.
68. Fencing is already in place for the protection of trees, hedgerows, banking and the wildflower area. As such, the suggested conditions requiring details for the protection of existing hedgerows etc and of a habitat protection scheme, are unnecessary.
69. I am advised that no permanent lighting is used on the site, only solar stake lights which are placed along the fence line to guide pathways. I have amended the suggested lighting condition to reflect that.
70. In the event that the Minister considers that permission for the entirety of the development should be granted, suggested conditions and the reasons for them are set out at Annex B below. They reflect those set out at Annex A, amended to take account of the larger area involved.
Jennifer A Vyse
Independent Inspector
29 October 2024
ANNEX A
PITCHES SHOWN ON THE PAGE 2 PLAN ALONG THE WESTERN BOUNDARY OF THE SITE, ADJACENT TO THE OLD RAILWAY LINE ONLY
Schedule of recommended conditions C1. The development hereby approved shall begin before the expiration of four years from the date of this decision. 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. C2: There shall be no more than 65 pitches on the site at any time, including campervan/motorhome pitches. The camping pitches shall be confined to the pink cross-hatched area shown on the Page 1 Plan, with the campervan/motor home pitches hereby permitted confined to the blue hatched area along the western site boundary against the former railway line as shown on the Page 2 plan. No consent is either granted or implied for any of the other campervan/ motorhome pitches and hookups shown on that plan within Field No 234227. Reason: In the interest of visual amenity. C3. Should the camp site not be used as such for a period of 24 months or more from the last use as a seasonal camp site in accordance with the conditions of this approval, the associated toilet and shower facilities shall be removed from the site. Reason: To ensure that the proposal does not result in any unjustified adverse visual impact on the surrounding area. C4. The site shall be available for use no earlier than seven days before the first practice associated with the TT and with the Manx Grand Prix/Festival of Motorcycling, and up to seven days after the last race in each case, and the camp site may be erected within three days before this and taken down within three days after this. Reason: To reflect the justification for the use proposed, given that the location of the site makes it unsuitable for constant use for camping/ motorhomes site. C5: No permanent lighting shall be used on the site at any time. Reason: In the interest of visual amenity and to safeguard nocturnal wildlife.
------------------------End of Schedule-------------------------
Annex B
SCHEDULE OF RECOMMENDED CONDITIONS IN THE EVENT THAT THE MINISTER WAS ALLOW THE APPEAL IN FULL
C1. The development hereby approved shall begin before the expiration offour years from the date of this decision.Reason: To comply with Article 26 of the Town and Country Planning(Development Procedure) Order 2019 and to avoid the accumulation ofunimplemented planning approvals.
C2: There shall be no more than 65 pitches on the site at any time, including campervan pitches. The camping pitches shall be confined to the pink cross-hatched area shown on the Page 1 Plan, with the campervan/ motor home pitches hereby permitted confined to the blue hatched areas shown on the Page 2 Plan. Reason: In the interest of visual amenity.
C3. Should the camp site not be used as such for a period of 24 months or more from the last use as a seasonal camp site in accordance with the conditions of this approval, the associated toilet and shower facilities shall be removed from the site. Reason: To ensure that the proposal does not result in any unjustified adverse visual impact on the surrounding area.
C4. The site shall be available for use no earlier than seven days before the first practice associated with the TT and with the Manx Grand Prix/Festival of Motorcycling, and up to seven days after the last race in each case, and the camp site may be erected within three days before this and taken down within three days after this. Reason: To reflect the justification for the use proposed, given that the location of the site makes it unsuitable for constant use for camping/ motorhomes site.
C5: No permanent lighting shall be used on the site at any time. Reason: In the interest of visual amenity and to safeguard nocturnal wildlife.
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