**Document:** Officer Report
**Application:** 24/00154/B — The addition of a fifth container and widened walkway (retrospective) and the variation of Conditions 2 and 4 of PA 22/00757/B, to retain elements of spectator facility on site and in situ
**Decision:** Refused
**Decision Date:** 2024-11-26
**Parish:** German
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/32084-german-glen-moar-mill-condition-variation-retrospective/documents/1056855

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# Officer Report

**Applicant:** Rockfell Limited Proposal The addition of a fifth container and widened walkway (retrospective) and the variation of Conditions 2 and 4 of PA 22/00757/B, to retain elements of spectator facility on site and in situ Site Address Land Adjacent To Glen Moar Mill And Field 315139, Glen Helen Road Laurel Bank St Johns IM4 3NN Case Officer : Lucy Kinrade
**Site Visit:** Expected Decision Level Planning Committee
**Recommended Decision:** Refused Date of Recommendation 18.11.2024 Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. There is no overriding national need for the facilities on a permanent basis, while their siting for a temporary periods may be acceptable to meet the racing needs, the structures are of significantly poor visual quality which does not make a positively contribution to the Island and negatively detracts from and results in a unwarranted development in the landscape on a permanent basis harming the character and appearance of this tranquil glen and rural setting in the countryside contrary to Strategic Policies 1, 2 and 5, General Policy 3, Environment Policies 1 and 2 of the IOM Strategic Plan 2016. - R 2. The application fails to provide sufficient flood risk information to meet Environment Policies 10 and 13 of the IOM Strategic Plan 2016.

_______________________________________________________________ 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 relating to planning considerations:

## DOI FRM ________________________________________________________________

## Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE INTERIM HEAD OF DEVELOPMENT MANAGEMENT.

## THE SITE

1.1 The site forms part of the wider Glen Moar Mill complex sitting on the southern side of the main road between Ballig Bridge and Glen Helen in St Johns. - 1.2 Two previous applications have been approved on the site, one allowing for the temporary siting of shipping containers and viewing platform providing spectator facilities for the TT and MGP race periods only, and the other to retain the structures between the racing periods. THE PROPOSAL

2.1 Proposed now are the following:

- o addition of a fifth shipping container,
- o alterations to the walkway including its extension and widening
- o removal of conditions 2 and 4 of 22/00757/B to allow the permanent all year round retention of all the spectator facilities.

## PLANNING HISTORY

3.1 There have been a number of applications over recent years relating to the Mill building and cottages. Most relevant in this case are PA's 21/01316/B and 22/00757/B relating to the current spectator facilities and their approval to be retained for the racing periods and between the two racing periods only. There has also been one recent application PA 22/00186/B on the opposite side of the site for an extension to the existing buildings to provide race marshal facilities and the creation of a roof terrace viewing platform approved at appeal 18/07/2023.

- o 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
- o 22/00757/B - 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

3.2 The reason for approval and conditions of 22/00757/B: Reason for approval: 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.

- C1. 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.
- C2. 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.
- C3. 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 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.
- C4. 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.
- C5. 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.
- C6. 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.
- C7. 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.

## 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 wedged between two tree plantations. Flood maps identify part of the site as being at high river flooding risk and some surface water flooding. The site is not within any Conservation Area.

### 4.2 Relevant Policy

- o Strategic Aim
- o Strategic Objectives - 3.2, 3.3, 3.4, 3.5 and 3.6
- o Strategic Policy 1 - optimising and making best use of sites taking into account landscaping
- o Strategic Policy 2 - development only allowed in countryside in exceptional circumstances
- o Strategic Policy 3 - use of local materials and character
- o Strategic Policy 4 - protect and enhance landscape quality
- o Strategic Policy 5 - development to make positive contribution
- o Strategic Policy 8 - tourist development generally permitted where makes use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and manmade attractions.
- o Strategic Policy 9 - all new retail development in town/village centres
- o Strategic Policy 10 - promote integrated transport network
- o Spatial Policy 5 - new development within defined settlements and only in countryside in line with GP3.
- o General Policy 2 - General standards towards acceptable development
- o General Policy 3 - exceptions to development in the countryside (g) development of
- overriding national need
- o Paragraph 7.4.1 - development in AHLV subject to higher design standards
- o Environment Policy 1 - protection of the countryside for its own sake. Development which would adversely affect the countryside not permitted unless there is an overriding national need
- o Environment Policy 2 - development in AHLV needs to not harm the character and quality, or its location essential

- o Environment Policy 3 - would not result in harm to or loss of woodland
- o Environment Policy 7 - harm to watercourses
- o Environment Policy 10 - flood risk and need for Flood Risk Assessment (FRA)
- o Environment Policy 13 - flood risk on or off site
- o Environment Policy 14 - loss of agricultural land
- o Environment Policy 42 - removal of open or green spaces which contribute to visual amenity and sense of place will not be permitted
- o Community Policy 7 - designing out crime
- o Community Policy 11 - prevention of outbreak and spread of fire
- o Infrastructure Policy 5 - water conservation and management measures
- o Paragraph 4.3.11 of the Strategic Plan states, "Merely arguing that a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development".

4.3 Reference any relevant PPS or NPD

- n/a

## - 5.0 OTHER MATERIAL CONSIDERATIONS

5.1 Legislation o Section 68 of the Flood Risk Management Act (2013) indicates that any published Flood Risk Management Plan and the extent to which the proposed development creates an additional flood risk are material considerations.

### 5.2 Policy/Strategy/Guidance

- o Manual for Manx Roads
- o Our Island, Our Future - IOM Visitor Economy Strategy 2022-2032 Programme 4; visitor product development

Provide more distinctive and compelling visitor experiences that will set us apart from the competition Objective: The development of a series of unique Manx visitor products that will entice more visitors to come to the Island throughout the year.

Key Results: Stronger positioning of the Isle of Man as a visitor destination; New visitors coming for different reasons; High quality visitor experiences that deliver lasting memories; Greater recognition of the Isle of Man as an eco-tourism destination

Programme 5: events Development Events play a key role in attracting visitors to the Island and enhancing the visitor experience that we offer, and have a vital role to play in helping to extend the season. Apart from the TT and Manx Grand Prix, there are a large number of small events on the Island organised by a wide range of organisations working independently or collaboratively. Visitor numbers to these events typically range between 100 and 500 and, with continued focus, they represent an

- ongoing opportunity for incremental, organic growth. There could also be scope for a number of major new events attracting 1,000 - 3,000 visitors to be established or attracted to the Island. Such events would offer an instant uplift in visitor numbers and significant increase in awareness of the Island. The identification, acquisition and delivery of major events will require financial investment in respect of both securing rights and sourcing the necessary people skills

Objectives: Strengthen existing events to improve their impact, visitor experience and financial sustainability; Introduce viable new events, especially events that can help to extend the season.

Key Results: Increased numbers of visitors coming for events; Growth in events-driven off-peak visitor demand.

Actions: The implementation of the Strategic Plan for the TT to elevate it to a truly sustainable world-class event; Research to clearly establish the opportunities and priorities for events development on the Island to inform the forward Events Development Action Programme; The introduction of new events that capitalise on our USPs, especially where they can help to boost off-peak demand; The festivalisation of complementary events to attract longer stays; Professionalising events management and marketing by upskilling event organisers and/or supporting their outsourcing of these functions to suitable events management companies.

- Landscape Character Appraisal 2008 B8 - GLEN HELEN Key Characteristics Steep sided V-shaped river valley with and intimate scale. Dense deciduous valley bottom riparian woodland that creates an enclosed character. Numerous coniferous plantations on steep valley sides. Exotic trees and walkways in Victorian National Glen Helen. Numerous wooded tributaries. Road corridor enclosed by woodland with a low stone wall along the pavement in places when the road is higher than the river. Small stone houses clustered around river crossing points in the upper valley. Pastoral fields on upper valley sides merge into surrounding upland areas. Enclosed views throughout the majority of the lower valley due to the deeply cut nature of the valley and the prevalence of trees which open out in the upper valley to surrounding uplands. A moderate sense of tranquillity, detracted from by the presence of the road in the lower valley bottom, with a strong sense of tranquillity and remoteness north of Mullen Rhenass. Historic features including abandoned chapels and mills. Overall Character Description: Lower Glen Helen, north of Doran's Bend, consists of a V-shaped valley with dense mixed deciduous woodland and coniferous plantations such as the Vaaish and Eairy Beg Plantations alongside the small river and on the steep valley sides. Irregular fields of rough pasture divided by sod hedges with some mature hedgerow trees and gorse form a gradual transition into the surrounding upland area on the upper valley sides. Mature Oak, Ash, Beech and Sycamore overhang and enclose the road corridor along which TT Race paraphernalia is scattered in the form of Marshall's stations, road markings and signage. The road is edged by a stone wall and pavement that at times runs along the western side of the River Neb passing an converted Mill until the Glen Helen Hotel car park is reached thereafter the road is enclosed by dense woodland, taking the western branch of the valley that rapidly tapers out around Sarah's Cottage as the higher ground is gained.

REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 German Parish Commissioners - objection (02/04/2024). Maintain their objection to the containers and spectator stands on this site which are becoming very unsightly. They objected to the previous applications and still maintain their objections now.

6.2 Department of Infrastructure Highway Services - Do not oppose (08/12/2021) - no significant negative impact upon highway safety, network functionality and/or parking.

6.3 DOI - Flood Risk Management - Do not oppose subject to conditions (28/02/2024) - it's within a flood risk zone and flood mitigation measures should be taken. - 7.0 ASSESSMENT

7.1 The site relates to grassy field numbered 315139 and adjacent hardstanding 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. Historically the buildings and hardstanding have been used as a filling station and car sales and more recently approved for

conversion into tourist units and with extensions including roof top spectator area and a dedicated marshals facility. The field itself has been approved for erection of four containers and spectator stand facilities on a temporary basis only being for racing periods and retained between the racing periods over the summer months (21/01316/B and 22/00757/B). The reason the applicant sought summer retention was because it was too costly and difficult for them to keep moving the shipping containers on and off the site for each race period. The applicants now seek permanent retention of the containers and facilities for the same reason that it is too costly and difficult for them to keep moving on and off the site and they feel the facility significantly contributes to the Our Island, Our Future Visitor Economy Strategy (VES) in supporting local events.

7.2 It has been recognised through previous applications and is still recognised now that having some kind of spectator facilities at the site for the racing periods does contribute towards objectives set out in the VES by boosting the site during the peak tourist racing periods. However outside of these racing periods there is no demand for such facilities and so the structures sit as an unwarranted blot on the landscape and adversely impacting the rural glen setting. Whilst landscape characteristics recognise "the road corridor along which TT Race paraphernalia is scattered in the form of Marshal's stations, road markings and signage", the permanent siting of shipping containers, timber boardwalks and large spectator stands goes way beyond a typical marshal station, road marking and signage paraphernalia and this having a negative visual impact.

7.3 The Inspector for 22/00186/B made an exception to established policy protecting the countryside on the basis that the purpose-built design of the marshals tower allowed for better access and response time for marshals in the event of any racing incident or rider emergency and that there was an essential and overriding national need for a marshal station at this specific location at the 'Black Dub' to facilitate the racing periods and for which there was no reasonable alternative available and the benefits to enhancing the running, facilities and experience of the TT race in the location of Black Dub and, as part of the wider international race event, would strongly outweigh the limited harm to the character and appearance of the surroundings. - 7.4 The VES seeks high quality visitor experiences. The spectator facilities subject to this application are not purpose-built like the marshal and roof top facilities, but appear as temporary and make shift scaffold, boarding and containers of low visual quality positioned only to meet a temporary need and not of any high quality design. This poor and low visual quality being accepted only on short temporary periods solely to meet the racing period needs, but wholly unacceptable on a permanent basis. There is no national need demonstrated and no other reasonable alternative demonstrated particularly minded of the adjacent spectator facilities. - 7.5 The Local Authority have maintained their stance on the proposal throughout all applications that the proposals are unsightly and should not be retained on a permanent basis. - 7.6 Highway Services do not oppose the proposal, although comments now submitted differ slightly to those on the previous approval which required a number of conditions to secure the parking and access areas as outlined within the application content and as shown on plans. - 7.7 As part of 22/00757/B the officer concluded that "for the short term duration of the works coupled with the height at which they sit and that the timing of the races is also during the summer months when there is less likely chance of flooding that the proposal is not expected to be at any unacceptable or increased flood risk". This application has received comment from DOI FRM requiring flood mitigation measure to be taken. The application has failed to provide any information for flood mitigation measures for the permanent facilities to demonstrate compliance with Environment Policies 10 and 13.

## - 8.0 CONCLUSION

8.1 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 seek to protect the countryside for its own sake and protect AHLV's from harm, Environment Policies 10 and 13 in the protection of 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.

8.2 In this case there is no overriding national need for the facilities on a permanent basis, while there siting for a temporary periods may be acceptable to meet the racing needs, the structures are of significantly low and poor visual quality which does not make a positively contribution to the Island and negatively detracts from and results in a unwarranted blot on the landscape on a permanent basis harming the character and appearance of this tranquil glen and rural setting in the countryside contrary to Strategic Policies 1, 2 and 5, General Policy 3, Environment Policies 1 and 2 of the Strategic Plan. The application also fails to provide sufficient flood risk mitigation to meet Environment Policies 10 and 13. - 9.0 INTERESTED PERSON STATUS

9.1 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.

9.2 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

9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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 : Refused Committee Meeting Date: 25.11.2024

Signed : L KINRADE Presenting Officer Further to the decision of the Committee an amended reason was required (included as supplemental paragraph to the officer report). Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

## PLANNING COMMITTEE DECISION 25.11.2024

Application No

24/00154/B

Applicant Rockfell Limited Proposal The addition of a fifth container and widened walkway (retrospective) and the variation of Conditions 2 and 4 of PA 22/00757/B, to retain elements of spectator facility on site and in situ Site Address Land Adjacent To Glen Moar Mill And Field 315139, Glen Helen Road Laurel Bank St Johns IM4 3NN Planning Officer Presenting Officer

Lucy Kinrade

As above

Addendum to the Officer Report

The only change to the recommendation was a typographical matter in refusal reason 1 in the first sentence, changing "there" to "their". The Members agreed to the correction.

"There is no overriding national need for the facilities on a permanent basis, while their siting for a temporary periods may be acceptable to meet the racing needs, the structures are of significantly poor visual quality which does not make a positively contribution to the Island and negatively detracts from and results in a unwarranted development in the landscape on a permanent basis harming the character and appearance of this tranquil glen and rural setting in the countryside contrary to Strategic Policies 1, 2 and 5, General Policy 3, Environment Policies 1 and 2 of the IOM Strategic Plan 2016."

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/32084-german-glen-moar-mill-condition-variation-retrospective/documents/1056855*