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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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. In any given calendar year, the temporary building/s hereby approved on this site shall not be in situ more than 14 days before the first day of practice week for the TT and the Festival of Motorcycling or more than 14 days after the last race day of the TT and the Festival of Motorcycling. The site shall be restored to its former condition within 14 days of the temporary building/s being removed after each event. For the avoidance of doubt no approval is granted for the retention of the temporary building/s between any of the racing events.
Reason: The application has been approved as an exception to the Development Plan on the basis of need for the TT and Festival of Motorcycling events only.
C 3. The hours that live music/amplified can be operated should be limited to between 1000hrs and 2300hrs and any other music till 0000hrs midnight.
Reason: in the interests of residential amenities of local residents.
C 4. No tree shown as being retained on drawing G2TP-21218 shall be cut down, uprooted, or wilfully destroyed during the development phase. The protection measures and construction methods detailed in the Tree Survey and Report prepared by Manx Roots Tree Management
Limited submitted 28th February 2018 in support of the application shall be adhered to in full including the subject to the pre-arranged supervision detailed in appendix 1 by a suitably qualified and pre-appointed tree specialist for each racing event (i.e. TT \& Festival of Motorcycling). This condition may only be fully discharged on completion of each racing event subject to satisfactory written evidence of contemporaneous supervision and monitoring of the tree protection throughout a racing event by a suitably qualified and pre-appointed tree specialist.
Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.
This approval relates to the submitted documents and drawings received on 6th February 2018 and 28th February 2018.
None
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE BECAUSE THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.1 The application site is located at Nobles Park, Douglas. It is situated just to the south side of Glencrutchery Road to the west of the TT Grandstand. The site forms part of the northern side of the playing fields and is relatively flat. It is bounded by Glencrutchery Road on its north side, although two mature can be found within the application site. To the east, the site boundary adjoins the site where the hospitality facility for the TT and Festival of Motorcycling is sited on a temporary basis during between May and September each year. Just to the south of the site is the location of the Snoozebox temporary hotel, which was approved for a permanent feature for all future TT events (13/91530/B). Further to the south is the Nobles Park sports centre and cafe. The application site is accessed from the north from an existing vehicular access onto the Glencrutchery Road. 1.2 To the opposite side of Glencrutchery Road to the north is the cemetery. The nearest houses to the site are on Mountain View, to the north side of Glencrutchery Road, approximately 110 metres from the edge of the site to the west.
2.1 The application seeks planning approval for the erection of a temporary building to be used as a bar and hospitality facility during the TT and Festival of Motoring (IOMFOM) periods. 2.2 The pub is made out of a total of four shipping containers linked together to forms two bars at ground floor level and a bar/VIP area at first floor. An additional container would be sited to the east of the main pub building which would be a refrigerator unit, while a smaller container with one side open, would be sited to the south which would accommodate live music acts (amplified music). It is also proposed to have a covering projecting from the southern elevation of the main pub in a southerly direction approx 12 m and a width of 16 m .
2.3 The application states that the marquee would take two weeks to erect and one week to dismantle. The applicants have agreed a handover of the site from 12th May from DBC and they must have it down a week after the last race. The applicants have also confirmed that the pub would be erected for TT then taken down after TT. The pub would then be put back up for the Festival of Motorcycling. 2.4 Once erected, in terms of operating the pub during the racing periods the applicants have indicated that preparation of the pub will need to begin at 08:30, and then the facility would be open to guests in accordance with the license terms which are anticipated to be from 1200hrs midday to 0000 hrs midnight. It is proposed the pub would require a total of 40 staff. 2.5 The toilets planned are just off site as a set of ACE Hire provided multi units. There are also the permanent toilets on site just next to the grandstand and the other portacabin style toilets next to the previous beer tent. Additionally, and for the first time at the TT, the applicants have access to the toilets/showers in the Pavilion as a separate agreement with the Douglas Borough Council.
3.1 The following planning applications on neighbouring sites are considered relevant in the determination of this application: 3.2 Erection of a hospitality facility for the TT and Festival of Motorcycling, including use for additional events, as detailed in the agent's email of 11th February 2014 - 14/00170/B APPROVED 3.3 Erection of a temporary 240 bed hotel and marquee for a two week period (Practice and TT Race weeks) on a permanent basis - 13/91530/B - APPROVED
4.1 The Douglas Local Plan 1998 identifies the area as being Open Space or Woodland Public Open Space. The site is not within a Conservation Area. 4.2 The following policies in the Isle of Man Strategic Plan 2016 are considered relevant: 4.3 Whilst General Policy 2 does not strictly apply, the principles contained within it are general planning principles that ensure good development, and in this regard are relevant: 'Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services;
4.4 Environment Policy 3 states: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and seminatural woodlands, which have public amenity or conservation value." 4.5 Environment Policy 22 states: 'Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution.' 4.6 Recreation Policy 2 states: 'Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances:
4.7 Transport Policy 7 states: 'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.'
5.1 Douglas Borough Council have no objection - but request two conditions be placed two mature trees be protected by tree preservation orders and drainage of soil be tested and fixed if not suitable (05.03.2018). 5.2 Highways Division make the following comments (02.03.2018): "The proposal is to construct a temporary structure to use as a bar and hospitality facility during motoring events. There are already food, retail and entertainment uses at the site during these events and it is therefore anticipated that the proposed development should not generate any additional vehicles trips to the site or create further parking demand. There is already car parking available on the site for these events. The application states that servicing requirements for the proposed bar would be as per the existing traffic management arrangements in place during these events for the other uses on the site, with access being provided from Glenc Hutchery Road. Highway Services does not oppose this application." 5.3 Arboricultural Officer (DEFA) initially sought additional information which has now been provided by the applicants. Accordingly, the Officer makes the following comments: "Yes, the amended/additional report addresses my concerns. Arboricultural supervision during site setup and takedown will be key to the success of the protection measures because there are still some unknowns (i.e. services). Exactly how these aspects will be dealt with will require some creative problem solving and having the input of the project arboriculturist during this time will ensure that the interests of the trees are borne in mind.
I recommend you consider applying the following condition:
No tree shown as being retained on drawing G2TP-21218 shall be cut down, uprooted, or wilfully destroyed during the development phase. The protection measures and construction methods detailed in the Tree Survey and Report prepared by Manx Roots Tree Management Limited submitted [insert date] in support of the application shall be adhered to in full, subject to the pre-arranged supervision detailed in appendix 1 by a suitably qualified and preappointed tree specialist. This condition may only be fully discharged on completion of the development subject to satisfactory written evidence of contemporaneous supervision and monitoring of the tree protection throughout construction by a suitably qualified and preappointed tree specialist."
6.1 In terms of the material planning consideration it is considered the following are relevant in the determination of the application: principle of development; the potential impact upon neighbouring residential amenities; potential impact upon visual amenities of the area; and access and parking.
6.2 Firstly, as indicated previously the site is designated as public open space under the Douglas Local Plan, therefore the proposal would not fall within this use. However, it is not considered an automatic reason to refuse the application in this case. 6.3 The applicants (DfE) have advised that the for a number of years they let space in the TT Paddock and Grandstand site for a beer tent as part of its food and beverage offerings at the TT and IOMFOM which local brewery Heron \& Brearley (H\&B) has operated for several years. The long term agreement came to an end in September 2017 offering an opportunity to consider options for the future. It was considered this previous offering was basic in terms of facilities, product offering and entertainment. It was also acknowledged that the standard at other major sports and entertainment festivals is significantly higher than has been available at the TT and IOMFOM to date. In order to achieve a more satisfactory situation, and provide a better overall TT and IOMFOM visitor experience, the applicants concluded that there was a requirement to move the alcohol provision facility from its traditional location which was considered no longer fit for purposes. It was proposed that a new space was to be allocated in Nobel's Park, removing issues surrounding overcrowding and providing effective mechanisms for deliveries and servicing. 6.4 The need for the temporary building to be used as a bar and hospitality facility during the TT and Festival of Motorcycling is recognised and it would support the operation of the events and increase their attractiveness for visitors. The proposal would also support 40 temporary jobs and would have a positive economic impact, and this is welcomed. 6.5 Arguably, one of the main issues against the proposal is the loss of a section of the playing fields which will be unavailable for recreation use. However, it is noted, that this area is not part of the formal football pitches or any designated sports pitches. Further the adjacent hospitality facility for the TT and Festival of Motorcycling to the east of the site; which would be in place for longer periods than what is proposed now, would arguably sterilise this section of the park for any real recreational use. There obviously has to be careful consideration when considering each application for this type of development within Nobel Park that such development does not result in the erosion of the public open space. However, the TT and Festival of Motorcycling are very special and unique events with significant cultural and economic importance to the Isle of Man. The pub complex would be required on a temporary basis for each event (around five weeks for each, including setting up and dismantling time) and between the TT and Festival of Motorcycling events the pub complex would be removed from site. 6.6 It is felt that a reasonable exception can be made for the loss of public open space during the two motorcycling events, which equates approximate 10 weeks of the year the site
being unavailable as public open space. Indeed, the recreational use of this land will already be significantly disrupted by the events themselves during this time. Having regard to these considerations, it is felt that the provision of the pub complex for events in connection with the TT and Festival of Motorcycling is acceptable in principle. Whether the proposal is ultimately acceptable overall should depend upon the consideration of the following planning impacts.
The potential impact upon neighbouring residential amenities
6.7 The nearest residential neighbours are on Mountain View, located to the north side of Glencrutchery Road, approximately 110+ metres to the west.
6.8 Previously The Environmental Health Officer (DEFA) for the adjacent hospitality facility has provided interim comments, noting that no environmental impact issues arose and that it is unlikely that this aspect of the proposal will result in a statutory nuisance. Public entertainment / loud amplified music might be acceptable if before 2300hrs for occasional events in accordance with Code of Practice on Environmental Noise Control at Concerts. Advice has now been sought from the Environmental Health Officer's, but formal comments on the application are awaited and these will hopefully be reported to the Planning Committee.
6.9 Clearly, the proposal will increase the potential for impact upon neighbouring residential amenities, compared to the existing use (field). However, it is acknowledged that there is already likely to be more of an impact due to the other facilities connected with the TT and IOMFOM events, which have been in place for many years and are also nearby to residential properties. It is considered a condition could be attached which limits the hours that amplified music can be operated. The adjacent hospitality facility has a condition attached which limits amplified music to between 0930hrs and 2300hrs. It is noted that at the time of the consideration of this facility the officer commented that there was no loud amplified music within the hospitality facility, only public address system which was used to interview celebrities at the VIP events.
6.10 The applicants have provided further update since the submission of the application, where they have indicated:
"On 22nd Feb the Licensing court approved provision for music from 10am to 11pm and background music till 12 midnight. The reasoning for the gradual reduction in noise was for a planned gradual wind down which helps with personnel dispersing from the site."
6.10 The formal comments of the Environmental Health Officer are awaited and these will be an important consideration in finalising how the planning conditions are to be framed. As a precautionary approach and given what has been approved by the Licensing Court, it is current recommended that amplified music is limited to between 1000hrs and 2300hrs and background music till 12 midnight. The amplified music restriction also falls in line with the adjacent hospitality building (which could have amplified music at the same time as the application site).
The effect of the proposal upon the character and appearance of the area
6.11 Nobles Park and the general area changes dramatically during the TT and Festival of Motorcycling events. This area of the park is used for parking and other temporary uses in connection with motorcycling. For example, the land to the immediate south of the site benefits from planning approval for a 240 bed modular hotel during the TT (albeit the firm that operated this has since gone out of business). The proposed marquee would be proportionate with this change in the character of the area and, in the context of other TT related development and paraphernalia, would be visually acceptable.
Access and parking
6.12 The proposed pub complex would utilise existing parking found within Nobels Park/Grandstand area. The site is also very close to existing bus routes. Highway Services have considered the scheme and raise no objection.
18/00104/B
Potential impact upon mature trees 6.13 Along the northern boundary of the site are two mature trees which are required to be protected by the proposed development. A Tree Report has been submitted in respects to this (as well as wider tree protection programme during the racing events, but which are not relevant in the determination of this application). Further, in relation to this site the applicants have provided additional tree protection following discussion with the Arboricultural Officer DEFA. It is considered an appropriately worded condition be attached which requires the development (at each racing event) to accord with the submitted Tree Report and Plan (Drwg Nr GZTP-21218) be attached to any approval, which would be sufficient to ensure the adequate tree protection.
7.1 For the reasons given it is recommended that the application should be approved subject to the conditions listed.
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated. 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 in Article 6(4) who should be given Interested Person Status. 8.3 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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : ...Permitted.. Committee Meeting Date:...12.03.2018 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).
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