**Document:** Appendix B Planning Officer Report
**Application:** 15/01276/B — Erection of a marquee adjacent to overflow car park to be used for promotional events, charity functions, exhibitions, children's activities, and leisure activities including ice rink and roller skating (retrospective)
**Decision:** Refused
**Decision Date:** 2016-10-18
**Parish:** German
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/20805-german-car-park-tynwald-mills-road-marquee-retrospective/documents/1318531

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# Appendix B Planning Officer Report

**Application No.:** | 15 / 01276 / B | | :-- | :-- | |
**Applicant:** | Tynwald Mills (IOM) Limited | |
**Proposal:** | Erection of a marquee adjacent to overflow car park to be used for <br> promotional events, charity functions, exhibitions, children's <br> activities, and leisure activities including ice rink and roller skating <br> (retrospective) | |
**Site Address:** | Car Park <br> Tynwald Mills Road <br> St Johns <br> Isle Of Man | Case Officer : Miss Jennifer Chance
**Expected Decision Level:** Planning Committee

## Officer's Report

THE APPLICATION IS TO BE DETERMINED BY THE PLANNING COMMITTEE DUE TO THE NATURE OF THE PROPOSAL

Site
1.1 The application site is field numbers 314702 and 314703 . The site sits to the north of the Tynwald Mills site and car park. The land is used as a car park. There is a marquee towards one side of the field for which retrospective approval is sought by way of this application.
1.2 The site sits in a valley, alongside the River Neb. There is a thick line of trees to the north of the site.

The proposal
2.1 Proposed is the retention of a marquee. The marquee measures 20 m by 30 m ( 600 sqm ) and is 7.34 m to its peak. It is constructed of a white PVC coated fabric with white framed glazed units.
2.2 The stated proposed uses would be for promotional events, charity functions, exhibitions, children's activities, and leisure activities including ice rink and roller skating.
2.3 The application contained supporting information. A summary of this is:

- Following approval for a marquee in the overflow car park at Tynwald Mills in 2008 several marquees were erected.
- Recently a marquee has been used for an ice rink.
- Two years ago a new marquee was purchased with a more suitable open span structure that better suited quality events. The decision to buy it was difficult, a significant investment. Up until this time we rented from the UK but the cost proved prohibitive.
- The new marquee provides better space but the cost of dismantling and erecting the structure was underestimated. This costs circa .
- None of the current events provide a real profit, rather a supporting facility or community event. The events are critical to the health of the retail business at Tynwald Mills.

- There are no other suitable venues for such events, at least none of the nature and size of the marquee that can provide a venue at such low cost to the user; this is particularly true of the ice rink; this event was picked up only after a project failed in the Villa Marina because of cost.
- We propose that the new use would now be controlled by conditions, conditions that do not require the dismantling and reassembly of the marquee each time.
- We would landscape the field to mitigate the visual impact.
- Propose conditions of use to be that the marquee would not be used at all during the period from when the ice rink operation closes in January to March each year, the marquee would not operate before 8am or after 10:30 pm, except for 6 events each year and then not beyond 1 am.
- Despite online shopping and a retail market that has contracted by , Tynwald Mill has continued to grow and contribute to the Isle of Man economy employing over 100 staff and supporting many local businesses through the product that we buy locally and stock.
- brands are flagship some of which involve a complex working relationship.
- Primary focus is fashion.
- Looking forward it is important that we continue to grow and contribute to the Isle of Man economy. Events are one area which we feel can add to this on 2 levels. Firstly by increasing footfall to the site and secondly creating a sizeable indoor space which the island currently lacks.
- The Deli has seen a growth in popularity offering a premium everyday shop or delivering where possible local seasonal luxuries. The deli has over 75 different international cheeses.
- We provide a base for the local farmer's market.
- House and Home has undergone a refit doubling the floorspace and transforming the courtyard
- The café has been refurbished.
- Further investment will include a modern toilet block, external amendments, improving access, create space for new departments.
- We try to give back to the community - the marquee is to be a community space enabling charities and community projects to make use of a non-weather dependent location.
- The uses have raised a significant amount for charity particularly from ice skating. The Live at Home scheme also made use of the space for international friendship day producing an afternoon tea for 200 people.
- A marquee on the site has been granted twice from Easter to October. To incorporate ice skating in December we have asked to keep the structure for 5 years as it sits outside the current planning consent. The temporary structure is expensive to erect and we would rather carry on donating a large sum to local charities rather than erecting and disassembling it. At present there is not a cost effective location for a charity to hold large events. Charities expressing an interest in 2016 for using the marquee are Save the Children; Manx Riding for the Disabled; Volunteers Week; RNLI; Bridge the Gap, Crossroads Carers; Manx Live at Home Scheme; French Market; Space to exhibit Space Station.
2.4 A Traffic Impact Assessment was provided following a request from the case officer. See below for details.

Planning History
3.1 In the 1980s Tynwald Mills was used as a craft centre where the making of such things as perfume and yarn was carried out and products made on site then sold. It has a long planning history, with 43 or so applications submitted since the mid-1980s. It is noted that certainly in the mid-1990s the centre was still partly craft and partly retail, with applications in 1996 and 1997 setting out that the site must only be used in the manner indicated on the drawings, and noting that 'the Planning Committee consider that the works as proposed will consolidate previous piece-meal extensions and approval is unlikely to be given to further extensions.' It is not clear from the planning history when the centre changed to becoming solely retail (with the exception of an art studio on the first floor of one of the buildings), as there does not appear to be a specific application for that purpose. Nevertheless, the site has been primarily in retail use for a number of years now.

3.2 Similarly, there is no application to use the fields, the subject of this application, as an overflow car park, although applications as far back as 1993 show it as such. It is noted in later applications, such as the one in 2000 (see below) that Mr Jeavons, proprietor of Tynwald Mills said the overflow car park was only used on bank holidays, Sundays and around Christmas. He states the meadow provides an excellent village green type atmosphere where people can play and picnic. 3.3 Until recently, the fields were laid to grass, but have now been laid with crushed stone, for which no planning approval has been sought, and usually has a few cars parked there. They are therefore now used as a car park and have ceased to have the appearance of fields. 3.4 Approval was given on appeal for a summer marquee in 2001 (00/01824). The application had been initially refused by the Planning Committee for the following reasons:

1. The erection of a marquee on this site from Easter to October each year would introduce a new building at the Mills complex, albeit on a semi-permanent basis. This would be contrary to the St John's Local Plan, particularly policy C/P/3 which states that 'Apart from minor alterations to and renovations of existing buildings to tourism/craft uses, no further buildings shall be permitted at the Tynwald Mills centre'.
2. By reason of its general design, the marquee would not sit comfortably in the landscape as seen from the highway as it passes the site and proceeds up to the Poortown Road. It would adversely affect the generally rural nature and character of the areas for a period each year which could exceed 7 months.
3. The building would remove valuable parking spaces from the overspill car park and at the same time increase the demand for parking when being used for exhibitions and event; all to the detriment of the overall parking capacity of the Mills complex.
3.5 The appellants argued that marquees were erected 4 times each summer (NB no approval can be found for this), and that Tynwald Mills is more than just a retail centre: it plays an increasingly important part in the community, having a lead role in visual arts and it provides a home for the Manx Wildlife Trust as well as other groups covering arts, education, local charities and churches. It was stated that the marquee would be used for events such as dog shows or art festivals. In response to concerns that its use would become regular it was confirmed that it was not their intention to have a multiple use of the facility that could lead to the sort of car boot sale type of approach. At concern expressed that it might lead to a permanent facility, the applicant said that they would be happy for this to be specifically excluded by condition.
3.6 The Inspector, in his conclusions, set out that 'there are a number of factors in this case that lead me to conclude that the proposed marquee is acceptable. Firstly the marquee would only be erected on the land for about 7 months each year. Secondly, a marquee does not have the appearance of a permanent building. Thirdly, marquees are erected on this land during the summer and serve the same purpose as the appeal proposal. Indeed a blue and white stripped marquee, smaller than that proposed in this appeal, was on the land when I visited the area. The grant of planning permission would give the Planning Committee control over the appearance of the marquee. A plain coloured marquee would be less prominent than the marquee that was on the land when I saw it. Fourthly, although the marquee would be seen in a predominantly rural setting and against a backdrop of trees, it would not be visually unacceptable, because it does not have the appearance of a permanent structure. In addition, the marquee would not add materially to the level of activity generated by the centre, since it would be used mainly as a 'shop window' by existing businesses. Local groups associated with the centre would find the marquee a useful facility and would reinforce the social role that the centre plays in the life of the community. Although the car park would lose between 20 and 30 spaces, this number represents a small proportion of the total number of spaces that are available. More importantly, these spaces would be available before Christmas, which is the time when the Tynwald Mills centre attracts the greatest number of customers.'

3.7 Planning approval (07/01840/B) was granted in on 15 February 2008 for the erection of a marquee measuring 270 sqm ( 4 m high). The 2007 approval was subject to a number of conditions, summarised as follows: o the approval be taken up within the 4 years; o the marquee may only be erected and used between Easter and 1 October each year; o details of the colour of the marquee shall be submitted and approved; o there shall be no displays or exhibitions outside of the marquee; o it not be used between the hours of 10 pm and 8 am ; and o it only be used for promotional events and product exhibitions in association with businesses currently operating at Tynwald Mills. 3.8 In monitoring the compliance of conditions, the planning office wrote to Tynwald Mills in June and October 2012 setting out that the condition relating to the colour of the marquee had not been discharged. On 29 October 2012 Tynwald Mills, in a telephone conversation, confirmed that they had not implemented the approval. The planning office advised that the approval had therefore expired. 3.9 In April of 2015 the planning office received a query regarding the status of a structure that had been erected around Christmas 2014 for use as an ice rink and the increasing permanence of the car park surrounding it. Concerns were also raised in respect of other uses to which the marquee was being put including evening events. The operator was advised planning approval was required in July 2015.

Development Plan Policies
4.1 The site lies within the area covered by the St John's Local Plan 1999. It is not designated for development. The annotation confirms that the trees on site are registered. The site also lies within a Proposed Conservation Area.
4.2 Policy C/P/1 and para 6.1 of the St John's Local Plan discourages new retail development in the village unless it is appropriate in scale and character to the village and suggests in that event, existing buildings should be used.
4.3 Policy C/P/3 states that 'Apart from minor alterations to and renovations of existing buildings to Tourist/Craft uses, no further buildings shall be permitted at the Tynwald Mills Centre'.
4.4 Paragraph 9.4 of the Plan states: 'On site parking and traffic movement have over recent years been major problems at the Tynwald Mills complex particularly during weekends and summer months. The recent opening of the new car park has eased the parking problems, and in addition, provision now exists for overflow parking in the adjoining Meadow Field (the site the subject of this application). Notwithstanding these recent improvements, it is not considered appropriate to allow any further new development at Tynwald Mills on the grounds that any further intensification in use of the complex will exacerbate traffic movement problems on the narrow access roads to the complex which could ultimately lead to a need to widen these roads. Further development would also go beyond the original theme for the centre of utilising the existing mill buildings. It is considered that it would be undesirable as it would alter the existing rural character of this area.'
4.5 Policy TPP/P/2 states: 'The highway network which serves the immediate area surrounding Tynwald Hill and giving access to the Tynwald Mills Complex should retain its present natural character. There will be a presumption against any major works which would alter the widths, gradients and visual impact with a resultant adverse impact on the visual character or appearance of the area'.
4.6 The Isle of Man Strategic Plan 2016 sets out the island's strategic and spatial objectives. Paragraph 2.6 states the Strategic Aim (is) to plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the

community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage.
4.7 Strategic Policy 5 seeks for all new development, including individual buildings to be designed to make a positive contribution to the environment of the Island.
4.8 Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network with the aim to:
- (a) Minimise journeys, especially by private car;
- (b) Make best use of public transport;
- (c) Not adversely affect highway safety for all users, and
- (d) Encourage pedestrian movement.
4.9 Spatial Policy 5 sets out clearly that:
'New development will be located within defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.'
4.10 General Policy 3 provides for those exceptions where development may be appropriate in the countryside. The application proposal does not meet any of those exceptions.

## 4.11 Environment Policy 1:

'The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 of which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative'.

#### 4.12 Environment Policy 22:

Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: iii) vibration, odour, noise or light pollution'.

#### 4.13 Community Policy 2:

'New community facilities should be located to serve the local population and be accessible to noncar users, and should where possible re-use existing vacant or underused buildings'.
4.14 Transport Policy 1: 'New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes'.
4.15 Transport Policy 4: 'The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicles and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objective of the plan'.

Other material considerations:
5.1 The Agenda for Change sets out one of the priorities for Government is growing the economy. Economic growth brings jobs and investment to our Island. We must maintain and support the sectors we have while developing and attracting new sectors. We must also ensure that we have an economically active population that helps support growth.

Representations

6.1 Highway Services: Do not object (26.11.15). Following receipt of Traffic Impact Assessment, do not oppose (1.4.16)

German Parish Commissioners
6.2 (7-1-16) Object to this application on the grounds that the land is not zoned for such a development and the Commissioners have been advised that in 1990 Mr Jeavons gave an undertaking that the field was to be retained for the grazing of Loaghtan sheep; this did not happen and a temporary overflow car park was formed for which the Commissioners cannot trace a planning application, the field having now been gravelled to allow cars to use it. This is not a marquee in the sense of the word, it is permanent building which has been in situ for around 12 months without planning permission and to the Commissioners knowledge it has no toilet facilities and no permanent electricity supply. The building is totally divorced from the rest of the Mills complex and is out of keeping with the more traditional buildings which make up the Mills complex. There are concerns about extra traffic on the small road which leads to the Mill and the neighbours have great concerns with regard to noise emanating from the building.
6.3 (18-4-16) Wish to point out that the address on the application form is listed as car park, which is incorrect as there is no planning permission granted for the conversion of the field to a car park. Continue to object. Tynwald Mills have contradicted what they told the Commissioners at a meeting, where they were informed that the marquee will only be used for around 4 or 5 charitable events per year yet the applicants themselves have been advertising an indoor airsoft target arena over the Easter period and now a giant indoor car boot sale. This is in addition to the marquee being used as a skating rink over Christmas, hardly charity events.

## Cornmill Cottage

6.4 (5-12-15) Object to further permanent presence of the marquee located in the field at Tynwald Mills. The roads leading to the Mills are unsuitable for the amount of traffic the Mills generate already. Large delivery vehicles have to use Glen Mooar Loop Road for access as it is too narrow for them to turn right at the cross roads by the bridge. Thought the marquee was temporary for ice skating last year, was surprised it was still there a year later. In October 2 functions were held which had loud music playing until late. There was no notification of these events. What started off as a temporary venue is now becoming permanent. 6.5 (5-4-16) Having read the report by Sanderson Engineering [this is the Traffic Impact Assessment referred to earlier in this report] para 2.12 correctly states that there are no footpaths and the roads are narrow, but it is completely wrong to argue that this puts off pedestrians. At all times, particularly weekends, pedestrians use these roads, including families with young children and dog walkers. We also have a lot of dog walking in the area. I am well aware of the traffic, pedestrian and motorised, that goes past my gate.

### Mill House

6.6 (4-12-15) Object to marquee in overflow car park becoming permanent. It has been left up since Christmas 2014 without permission. We were told about two 'charity events' a week before and asked for the music to finish at 11 but they both went on after 1pm. Only afterwards did we find out that the first one was for Manx Telecom and it wasn't a charity event at all. The established use for this area is retail opening 7 days a week until 5.30 with all the traffic, delivery trucks down narrow lanes. To add evening functions we would have traffic 24 hours a day which is unacceptable. There must be premises already in the island waiting for this type of business. At Mill House we already have functions going on day at night at the Mill Meeting Centre. No more traffic/noise please. 6.7 (18-4-16) Wonder, after reading the (traffic) report whether it is truly independent. The report states that there have been no complaints. We complain about traffic, parking, lights and noise. Some things are dealt with, but then it goes back to how it was. Maybe a record is not kept. The

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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/20805-german-car-park-tynwald-mills-road-marquee-retrospective/documents/1318531*