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22/00186/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00186/B Applicant : Rockfell Limited Proposal : Installation of glass balustrading to Cottage 3 first floor and erection of single storey side extension including viewing platform with associated works Site Address : Glen Moar Cottage 3 & Field 312273 Glen Helen Road Laurel Bank St Johns Isle Of Man IM4 3NN
Planning Officer: Mr Richard Boyt Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 13.12.2022 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The proposed extension of Glen Moar Cottages to create a marshalling station and viewing platform will result in built development that will harm the character of the countryside and an Area of High Landscape Value contrary to Policies EP1 and EP2 of the Isle of Man Strategic Plan 2016.
The proposals will be of a form, scale, siting and design that is out of keeping with the A3 streetscene which is characterised by its rural, verdant appearance. For these reasons the proposals are considered contrary to Policies GP2 and GP3 of the Isle of Man Strategic Plan 2016.
There are no overriding reasons of essential national need for marshalling facilities that outweigh the conflicts with policy identified.
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Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject
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matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
ACU and Rose Cottage, Gordon Lane, Gordon
as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy , as is required by paragraph 2D of the Policy. __
Officer’s Report
THE SITE 1.1 Site The application site comprises land at the end of a terrace of cottages that line the southern edge of the A3 where it follows the Neb Valley a mile north of St John's. The host site is called The Black Dub and was formerly a garage and tea rooms. It is now three (maybe four) holiday cottages closely aligned to the road and a mill which is under scaffolding wraps whilst under redevelopment as a holiday dwelling. To the west is an adjacent field which presently contains a grandstand for the viewing of motorcycle races that pass in the summer. The site of the extension proposal is rural land beyond the curtilage of the other buildings. It is grassland set about 500mm lower than the adjacent A3 road carriageway with a low stone wall in between. Further along the field boundary there is a low hedge which has presumably been removed at the point of this site because the application land is already used as a seasonal location for a scaffold tower for TT or other race marshalls who need visibility to the roadway. The existing row of 3 cottages have a single storey garage extension to their western end which has been recently converted to habitable space, shown as a bedroom and living space in these submitted plans. This flat roof section of the cottages has a parapet wall and a viewing platform on its roof, currently accessed via scaffold stairs. The parapet is presently topped by a scaffold hand rail.
1.2 Surroundings
Glen Moar is a relatively isolated set of buildings in a rural wooded valley identified in the Development Plan as an Area of High Landscape Value. The A3 enables a high volume of traffic through the valley and the site is a prominent point on the TT course. However, the entire course of the A3 from St John's towards the north is a rural road without built development and the Neb valley is largely undeveloped and not even farmed. As such it has a very rural and wooded character.
There are no Registered Buildings or Trees in the vicinity of the site.
THE PROPOSAL 2.1 Use
The proposal involves changing a field to a use involving a race marshal's building and viewing platform.
2.2 Works
The works involve an extension measuring 9 metres out from the current garage extension, 6 metres deep with a single storey height and a flat roof viewing platform on top. There are open steps to one end giving access to the platform and an open platform lift for disabled access to the rear.
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Glass balustrading is proposed around this new platform and around the existing viewing terrace at the cottages. The entire viewing terrace would become one large space, however one section of this is designated as a marshal's 'tower' which would have stair access down to the road for emergency access to the carriageway.
Within the building on the ground floor there is proposed to be two storage rooms and three separate toilets.
PLANNING HISTORY 3.1 Summary of most relevant applications 22/00757/B - Variation of Condition to 21/01316/B to extend period for grandstand - pending 21/01316/B - 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 - approved 21/00151/B - Installation of stone cladding and patio doors - approved 20/00937/C - Additional use of residential (class 3.3) as tourist living accommodation (class 3.6) - approved 19/01057/B - Conversion and extension of Mill - approved 17/00354/B - conversion of garage to one-bedroom tourist accommodation and creation of race day steward facility with viewing platform over - withdrawn (due to no building existing to convert) 15/01387/B - Conversion of tearooms to create two dwellings and siting of a gas storage tank - approved 08/00966/B - conversion of the tea rooms into two dwellings and siting of a gas storage tank - approved DEVELOPMENT PLAN POLICIES 4.1 In terms of local plan policy, the site lies within an area of countryside and in the draft Area Plan for North and West is covered by a designation of plantation and an area of ecological importance.
4.2 The proposals are for limited operational development and a change of use for marshalling purposes from a farm field, as such this application relates to a leisure or tourism use which are partially addressed in Policies such as BP11, BP12, GP2 and GP3 of the Isle of Man Strategic Plan.
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 German Parish Commissioners - object on the grounds of overdevelopment of a prominent site in an area of high landscape value and scenic significance. Also concerns about safety of steps going straight to the highway edge and question the need for lifts, toilets and storage and the close proximity of the viewing platform. 5.2 Department of Infrastructure Highway Services - no significant negative impact 5.3 Tree Officer - no objections 5.4 DEFA Biodiversity - initial requirement for a common lizard survey, followed by a Reasonable Avoidance Measures Statement (RAMS) in March 2022 which officers were satisfied could be secured by planning condition to overcome the initial biodiversity concerns. 5.5 One letter of objection from a resident of Peel who highlights the possibility of bird strike into the glass balustrading being proposed around the terrace. 5.6 One letter of support for the Auto Cycle Union on the grounds of improved steward facilities.
ASSESSMENT 6.1 Intro
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The proposals involve some alterations to existing tourism cottages and their expansion to accommodate a separate use as road racing marshalling facilities.
Firstly, it is important to note that the proposed glass balustrading shown in the submitted plans on the existing terrace is acceptable in principle (notwithstanding the objections regarding birdstrikes, which is not considered a significant planning issue in this case).
However, the proposals are for much more than minor changes to the existing building. Currently, the site is a hub for marshalling and viewing opportunities during the racing season. There are three holiday cottages on the site and the garages at No.3 have been converted to habitable accommodation with kitchen facilities and separately numbered as No.4 on its new patio doors. If this is an additional holiday cottage, notwithstanding its connecting door, it does not have express planning permission for such a use.
It is accepted that there is a marshalling station on the application site land on an annual basis, normally positioned on a scaffold tower. This proposal would create a permanent platform as a marshal's tower and increase viewing platforms for the residents of the holiday cottages and presumably others as well.
The applicant provides a planning statement explaining that permanent marshalling facilities would be beneficial for race and marshal safety as well as their convenience. Three separate WCs are proposed as well as two storage rooms. As laid out by the applicant, this would be a different use from the holiday cottages and as such would form a mixed use arrangement on the property as a whole.
The current 'No.4' unit was until recently domestic garages which were deemed surplus to requirements by the applicant and converted to living space. To an objective observer, this conversion was carried out in the last few years and had marshal's amenities been an urgent requirement at the Black Dub, this appears to have been a good option for conversion in planning terms. However, the residential conversion works have now taken place and the proposal is to build further into the countryside as an addition to the former garages (now numbered No.4).
Proposed Extension - Visual Impact The extension proposed is a single storey parapet roof structure going 9 metres further out from the current building. The current building is very prominent due to it forming a frontage onto the A3 and the proposal will be similarly visible. The cottages form a long façade and to extend that façade further along the main road would be prominent and out of keeping the verdant, rural character of the valley which is has very few buildings along its course.
The annual appearance of the scaffold marshal's tower in this location has been taken into consideration, but that is a temporary and transient feature of the racing season and does not amount to a fall-back position of significant weight.
In relation to Policy GP2 of the Isle of Man Strategic Plan, the proposals due to their prominent nature lengthening an already long row of cottages, do not respect the siting, layout and form of the buildings, spaces and surrounding landscape. Furthermore, as development outside of zoned areas for development, there is a conflict with Policy GP3 which discourages buildings and uses that are not for essential for rural purposes and in this case any argument for approval on the grounds of overriding national need (section g) is outweighed by acceptable alternatives being reasonably available.
As a whole, building a marshal's building extension and viewing platform on a greenfield site is both unduly prominent and out of character with the valley landscape which is considered an area of high landscape value. As a result the proposals are contrary to Policy EP1 which protects the countryside for its own sake and Policy EP2 which protects Areas of High
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Landscape Value from harmful development that is not essential in that location. Similarly, the proposals are not in accordance with rural land use zoning and affect the character of the by reason of their form, scale and design contrary to Policy GP2 and GP3 of the Isle of Man Strategic Plan and there is no overriding national need for them, especially when an alternative was plainly available.
6.7 Other material considerations The proposals do not cause objection from the highway authority, notwithstanding the Commissioners' comments regarding the steps leading from the tower to the edge of the highway. There would be no additional need for parking as the marshals are already stationed at this point.
In terms of ecology, DEFA Ecologists are satisfied that good working practices can ensure the protection of common lizards on surrounding banks during works.
In terms of trees, there are no important trees on site and the tree officer is happy for development to proceed.
With regards the support of the ACU for better marshal facilities, this is noted, but it is still considered that there are no lack of WCs on the site because they are provided as part of the grandstand development and visibility appears largely identical to the existing marshal tower and first floor terrace.
ADDENDUM The agent has submitted a Supplementary Statement on 6th December 2022 addressing officer concerns about conflict with policy.
In summary, this Statement highlights that no other marshalling facility has been refused on the Island for forty years. The Statement also states that 'No.4' is ancillary to No.3 by virtue of an interconnecting internal door and is not a standalone dwelling, notwithstanding its numbering and separate kitchen.
The nature and lawful use of 'No.4' is not a direct part of this proposal consideration, aside from the fact that as garages they would have been available as a reasonable alternative location to the proposals being tabled.
It may be correct that no marshalling facility applications have been refused in recent years, but each planning proposal must be judged on its merits in relation to planning policy and not precedents elsewhere. It has been found that these proposals are not essential and clearly at odds with current planning policy.
CONCLUSION 7.1 It is considered that the proposals for an extension to accommodate increased permanent marshal facilities into a field adjacent to Glen Moar would create a prominent and visually intrusive built development at odds with the Area of High Landscape Value and injurious to the streetscene of the road that winds through the valley. Marshalling facilities are already provided on site on a temporary basis which avoids harming the long term rural character of the land and nearby permitted toilet facilities are provided close to the grandstand. Even if an overriding need for better marshalling facilities were accepted as essential and of national need, the conversion of the garage block with its existing viewing terrace offered a sustainable alternative for housing toilets and storage. For these reasons the proposals are considered to conflict with Policies EP1, EP2, GP2 and GP3 of the Isle of Man Strategic Plan 2016.
INTERESTED PERSON STATUS
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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 It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2): The ACU and Rose Cottage, Gordon Lane, Gordon are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy. __
I can confirm that this decision has been made by a Principal Planner 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 : Refused Date: 05.01.2023
Determining officer Signed : A MORGAN Abigail Morgan
Principal Planner
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