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22/00757/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00757/B Applicant : Rockfell Limited Proposal : Variation of Condition 2 to PA 21/01316/B to retain spectator facilities in situ for the interim period between the Isle of Man TT races and the Isle of Man Festival of Motorcycling and to extend, from one week to two weeks respectively, the periods in which the facilities are erected and dismantled 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: Mr Richard Boyt Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 09.01.2023 __
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 two weeks before the first practice of TT and may remain until two weeks after the last race of the Festival of Motorcycling in the same calendar year. The land shall be cleared of all paraphernalia outside of race periods and in a condition suitable for agriculture.
Reason: To protect the appearance 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
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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.
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 considered acceptable on a temporary basis through the summer 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:
Interested Person Status - Additional Persons
None __
Officer’s Report
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22/00757/B Page 3 of 6
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT.
PRE-AMBLE 0.1 The original application 21/01316/B was deferred by the Committee at the meeting of 11th April 2022, to allow the applicant time to consider amending the application. At the Committee meeting of 25th April 2022, members unanimously approved the amended application, verbally thanking the applicant for taking on broad their concerns and one member suggested the structures could stay between race meetings. This application is a response to that suggestion as it requests that Condition 2 be reworded for that purpose.
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 is 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 (currently concealed under scaffolding) 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 main approval 21/01316/B is 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
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structures and seating were to be erected one week before each race period and dismantled and taken off site one week after each race period.
2.2 The containers, associated structures and seating are now proposed to be retained between race periods and erected and dismantled two weeks before and after the events each year, as opposed to one week before and after. This will be done by variation of Condition 2 of 21/01316/B.
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. 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.
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 Application 22/00198/B sought 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 has been refused.
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 5.2 Department of Infrastructure Highway Services - no objection
ASSESSMENT 6.1 The grandstand, containers and food trailers have been approved since the 25th April committee meeting. The proposal here is to simply amend Condition 2 of that approval 21/01316/B to allow all these spectator facilities to be installed 2 weeks before the TT and retained on site until 2 weeks after the Festival of Motorcycling each year.
6.2 The original scheme was recommended for refusal but deferred at committee for revisions.
6.3 The revised proposal then sought to amend the scheme omitting the imported fill and had 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 proposal being considered in this application is that the time period for presence on the land is from 2 weeks prior to the TT, all through the summer and then removed 2 weeks after the Festival of Motorcycling. The applicant justifies this due to the difficulty in obtaining plant to carry out the erection and dismantling of the stands on the precise dates required. It is clearly a lot of effort to dismantle and erect the stand again every summer.
6.5 The planning question is whether leaving the stand, containers and food huts on site all summer and for the addition two weeks is so harmful to the appearance of the area that it warrants refusal.
6.6 It is considered that the location is a very sensitive one, being an Area of High Landscape Value and simply a pleasant riverside location. But the effort and indeed energy required to remove and reinstate the stand for a two month break is disproportionate to the level of landscape harm caused. As such, it is considered that the stand and facilities can be retained for that period. Condition 2 can be altered to reflect this position.
6.7 Retaining the facilities will have an immaterial impact on flood risk amenity and highway safety for the interim period and may in fact improve highway safety as the physical works and associated highway movements will occur less frequently every year.
CONCLUSION 7.1 The annual removal of the spectator facilities were required by planning condition following the approval of this development in April 2022. Members of the committee stated at that time that they might look favourably on keeping the stand and facilities in place throughout the summer between the TT and the Festival of Motorcycling.
7.2 The applicant argues that the effort of removing these structures every summer is unsustainable. That effort has been weighed against the landscape impact of keeping the facilities in place for the summer season and it is concluded that the effort is not worthwhile, therefore it is acceptable for Condition 2 to be varied to allow additional weeks at either end of the annual cycle and for the facilities to stay in place for the summer.
7.3 Condition 2 should be varied from:
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
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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.
To:
The four containers, associated supports, platforms, scaffolding and spectator seating may be erected no sooner than two weeks before the first practice of TT and may remain until two weeks after the last race of the Festival of Motorcycling in the same calendar year. The land shall be cleared of all paraphernalia outside of race periods and in a condition suitable for agriculture.
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: 16.01.2023
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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