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Application No.: 23/01211/B Applicant: Mrs M Simpson Proposal: Variation of conditions 1 and 4 of PA 21/01503/C to allow weddings to be held until the end of 2025 and for a reduced time between weddings Site Address: Kielthusthag Lodge Smeale Ramsey Isle Of Man IM7 3EB Planning Officer: Mr Hamish Laird Photo Taken: 27.01.2022 Site Visit: 27.01.2022 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 22.11.2023
C : Conditions for approval N : Notes attached to conditions
Reason: the development has been approved on a temporary basis to allow the impact on amenity and success of proposed mitigation measures to be gauged in light of events.
This application has been recommended for approval for the following reason.
The previous analysis in terms of economic benefits and potential impacts as set out in the Case Officer Report and Planning Committee minutes for 21/01503/C is noted. The application proposes the operation of the property as a wedding venue, through to the end of the Calendar year of 2025 (31.12.2025). Although, in reality no events would occur after the end of September, 2025, when the outdoor wedding season draws to a close. It also seeks to shorten the period between events - down from 3 weeks to 2 weeks between events - to allow for a practical workaround of other activities and events on the Island. A one-off minor amendment to condition 4 to allow for weddings to be held 2 rather than 3 weeks apart, is also considered to be acceptable. It is not considered that either of the two elements of this proposal would have an unacceptably adverse impact on residential amenity that would justify refusal.
Plans/Drawings/Information;
This decision relates to the following information: Application Form; covering letter and plans list; Site/Location Plan; Planning Statement; copies of correspondence; and, example booking form - all stamped received 13.10.2023.
_______________________________________________________________ Interested Person Status – Additional Persons
None. _____________________________________________________________________________
1.0 THE SITE - 1.1 The site is within the residential curtilage of Kielthusthag Lodge. - 1.2 The surrounding area is characterised by detached dwellings set back from the highway with landscaped areas. There is a mix of boundary treatments in the area comprising small low rise walls, areas of hedging and large belts of trees. - 1.3 To the East of the site is Mull House (shared boundary which redline goes up to building itself c10m from redline boundary). To the West of the site is Keilthustag Bungalow (small area of shared boundary to North but for the most part red line boundary separated from this by Kielthusthag Lodge itself and immediate garden, which are excluded from red-lie boundary). To the South of the site is the road and to the other side of this Kielthustag. To the North of the redline boundary is the remainder of the garden of Kielthustag Lodge and, which borders what appears to be agricultural land
2.0 THE PROPOSAL - 2.1 Proposed is a variation of conditions 1 and 4 of PA 21/01503/C to allow weddings to be held until the end of 2025 and for a reduced time between weddings from the present 3 weeks, to 2 weeks.
2.2 The Planning Statement in support of the application advises that all other conditions attached to the original permission for the site PA 21/01503/C for: "Additional use of gardens as a wedding venue". - 2.3 Condition 1 of the permission advised: "The use hereby permitted shall cease by the 01.04.2024 Reason: the development has been approved on a temporary basis to allow the impact on amenity and success of proposed mitigation measures to be gauged in light of events." - 2.4 Condition 4 of the permission advised: "No more than 6 wedding reception events shall take place in any one calendar year, and no more than 1 event shall take place in any 4 week period. Reason: in the interest of local amenity and wider ecology." - 2.5 The location and site plan is as previously approved. - 2.6 The applicants Planning Statement advises at para 3.3 that the applicant wishes to extend the period in which she may operate their property as a wedding venue, beyond
2.8 The applicant is not requesting a greater number of events - this would remain at 8 per year, but is seeking a shorter period between events - down from 3 weeks to 2 weeks between events. This would allow greater flexibility to accommodate peoples preference for dates and a work around other events on the Island such as the TT Fortnight; parish Walks; - which remove 4 weekends from the calendar; and, further events such as the End to End, Gran Fordo, Manx Grand Prix and Classic TT - all of which cause restrictions and make a 3 week window difficult to work with and around. A 2 week gap would allow greater flexibility in accommodating bookings, particularly in May and June when the actual availability of dates, particularly at weekends, is much less due to events. - 3.0 PLANNING POLICY
3.1 The site lies within an area not zoned for development but as an, "Area of private woodland or parkland" and within an Area of High Landscape or Coastal Value and Scenic Significance and close to an area identified as being of Archaeological Interest on the 1982 Development Plan, North Map. The site is not within a Conservation Area nor a Flood Risk Zone.
3.2 The following Strategic Plan policies ae considered relevant.
3.3 As General Policy 2 sets out general 'Development Control' criteria it is considered capable of being applied to this proposal. It states development will be supported if it is in accordance with the land use zoning provided that the development (in part)… … "(b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape;
4.1 PA 21/01503/C for, "Additional use of gardens as a wedding venue" was approved on 25.02.2022 and was not appealed. It was subject to the following conditions: C1. The use hereby permitted shall cease by the 01.04.2025
Reason: the development has been approved on a temporary basis to allow the impact on amenity and success of proposed mitigation measures to be gauged in light of events.
C2. The measures to prevent on-street parking as set out in the approved details must be implemented in full at any time the wedding reception is in operation.
Reason: in the interests of local amenity and highway safety.
C3. No helicopters, associated with the wedding venue, shall be permitted to land on the site, or elsewhere within the property (land edged in blue on the approved site plan).
Reason: in the interests of local amenity and the wellbeing of nearby livestock. C4. No more than 8 wedding reception events shall take place in any one calendar year, and
C5. Marquees and temporary toilets may not be in place more than 3 days prior to and 3 days after an event.
Reason: in the interest of local amenity and wider landscape. C6. No lighting, associated with the use as wedding venue, shall be installed at the site unless in accordance with details which have first been approved in writing by the Department Reason: in the interest of local amenity, wider landscape and ecology. C7. Each wedding event shall cease by midnight and no guests shall be permitted to remain on the property for more than 30 minutes following the event ceasing. Reason: in the interest of local amenity.
4.2 The approval related to the following plans/drawings/information (which, other than the site/location plan has not been resubmitted as part of the current application):
4.3 The reason for the approval was, "This decision has been made for the following reasons(s) Although the proposal is not in accordance with policies in relation to land use or the pattern of development, it could provide a welcome additional wedding venue to the island and provide some level of support to other local businesses. There are concerns about impact on amenity and the potential for some level of control via conditions. DOI Highway services have not objected in terms of highway safety. Concerns in relation to the wider environment are not considered sufficient to warrant refusal". - 4.4 The Planning Committee minutes include the following, "The Members discussed the proposed conditions with a view to the case officer amending their recommendation in certain respects. The Members suggested that conditions be varied in order to aid the successful running of the proposed business. The proposed variations were -
The Senior Planner advised that parties who may have had no objection the proposed cessation and site clearing time which had been available for the public to view, may have objection to the later times as proposed by the Members, which had not been publically available. The case officer confirmed that C7 as written referred to guests leaving the site rather than including any staff who may be on site for the event. He further confirmed that any environmental disturbance issues should be referred to Environmental Health to deal with under their legislation.
The Case Officer explained the rationale behind the conditions and that he was therefore unwilling to amend the recommendation in relation to conditions 1 and 7.
The Case Officer amended the recommendation in relation to conditions 4 (events per year) and 5 (time period for put up/take down). The Members unanimously overturned this recommendation and instead voted to approve the application with additional amendments to condition 1 (duration of approval) and 7 (hours of operation). In doing so they noted the need to facilitate business, avoid unnecessary controls and also noted the presence of other controls outside the planning system in terms of event licensing. The members unanimously approved the application subject to the following amended conditions".
4.5 Subsequently, PA 22/00425/B sought permission for: Variation of condition 4 of PA 21/01503/C to allow two weddings, 24th June 2023 and 8th July 2023, in addition to what has been approved. This was granted under delegated powers on 4.5.22. The permission, which was date dependent, has now expired.
5.1 DOI Highways (23.10.23) - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking, providing there is not a significant increase in the number of wedding events.
5.2 Andreas Parish Commissioners (8.11.23) have considered this application and have no objections. - 5.3 No third party representations had been received by the Report drafting stage (22.11.23).
6.1 The previous analysis in terms of economic benefits and potential impacts as set out in the Case Officer Report and Planning Committee minutes for 21/01503/C is noted. In addition, approval of the PA 22/00425/B application under delegated powers on 4.5.22 for a variation of condition 4 of PA 21/01503/C to allow two weddings, on 24th June 2023 and 8th July 2023, has now expired.
6.2 The current application proposes two amendments to conditions 1 and 4 of the 21/01503/C permission, which are to operate their property as a wedding venue, through 2025 to the end of that Calendar year (31.12.2025); and, to shorten the period between events down from 3 weeks to 2 weeks between events, to allow for other activities and events on the Island - such as the TT Fortnight; and, Parish Walks; - which remove 4 weekends from the calendar; and, further events such as the End to End, Gran Fordo, Manx Grand Prix and Classic TT - all of which cause restrictions and make a 3 week window difficult to work with and around. The applicant contends that a 2 week gap would allow greater flexibility in accommodating bookings, particularly in May and June when the actual availability of dates, particularly at weekends, is much less due to the abovementioned Island wide events.
6.3 It is not considered that these changes would have such an impact on residential amenity, or on the character of the site and surroundings, that would justify refusal. - 6.4 Much of the supporting information for the previous application has not been resubmitted, however the wording of the conditions did not rely on this and so can be repeated. The applicant is not seeking revisions of the other 6 conditions attached to the 21/01503/C permission. - 6.5 The original 21/01503/C application was referred to the planning committee as, "IT IS A DEPARTURE FROM THE DEVELOPMENT PLAN AND THERE IS AN OBJECTION FROM THE LOCAL AUTHORITY BUT IT IS RECOMMENDED FOR APPROVAL". The previous 22/00425/B application was considered under delegated powers on 4.5.22 for a variation of condition 4, and has since expired. The current application is considered to be similar in nature to these previously approved applications, for which permission was granted, and to which there are no more than relatively minor differences and hence need not be referred to the Planning Committee for decision.
7.1 The previous analysis in terms of economic benefits and potential impacts as set out in the Case Officer Report and Planning Committee minutes for 21/01503/C is noted. The application proposes the operation of the property as a wedding venue, through to the end of the Calendar year of 2025 (31.12.2025). Although, in reality no events would occur after the end of September, 2025, when the outdoor wedding season draws to a close. It also seeks to shorten the period between events - down from 3 weeks to 2 weeks between events - to allow for a practical workaround of other activities and events on the Island. A one-off minor amendment to condition 4 to allow for weddings to be held 2 rather than 3 weeks apart, is also considered to be acceptable. It is not considered that either of the two elements of this proposal would have an unacceptably adverse impact on residential amenity that would justify refusal. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
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 : Permitted Date: 22.11.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner
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