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Application No.: 19/01332/C Applicant: Isle Of Man Vagabonds RUFC Ltd Proposal: Temporary use of rugby pitch and facilities as a camp site for TT Practice and Race Weeks Site Address: Ballafletcher Sports Centre Strang Douglas Isle Of Man IM4 4RA Head of Development Management: Mr S Butler Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 10.02.2020 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
Reason: The application is for the use of the site for the TT period only and whilst provision should be made for setting up and dismantling the camp site, the site should not be used for camping outside those times reasonably associated with these race periods.
been received 25.11.19 and there shall be no pitching of tents within the cricket wicket area shown cross hatched on that plan.
Reason: In the interests of public and private amenity, and given that the proposal is approved as a Departure from the Development Plan based on the circumstances in 2020, and to protect the use of the site as a sports ground.
Reason: In the interests of public and private amenity and to limit the overall scale of the development in the longer term,
Given the planning history of the site and circumstances of the site and proposal it is considered that these could constitute 'other material considerations' that could justify a departure from the development plan. It is therefore considered that for this particularly proposal on this particular site, that a further temporary approval for an increase in numbers and area is appropriate, and this would allow time for more information to be gathered in relation to parking and clearer evidence for permanent increase to be produced (either sitespecific by the applicant and/or sector wide by the Department for Enterprise/Cabinet Office).
This approval relates to the following plans/information all date stamped as having been received 25.11.19:
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:
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT IS A DEPARTURE FROM THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL
1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of one of the rugby pitches associated with Ballafletcher sports ground located to the south east of the main car park and hospital buildings of Nobles Hospital. Immediately southwest of the rugby pitch is another single rugby
2.0 THE PROPOSAL - 2.1 The applicant notes the planning history (see below). This application seeks approval for the change of use for 120 tents on an increased area of the rugby pitches (excluding the cricket 'square'). The number of tents is to allow for staff tents to supervise the site 24/7 and also allow tents to be prepared for change over days. The maximum occupancy of each tent is to be 4 persons. The clubhouse will provide showering/toilet facilities and hot food and bar facilities will be available. The application seeks approval for use of the site from the day before first practice until the day after the last race with 5 days either side for erection/dismantling of the site. - 2.2 The applicant indicates that experience has shown the car park is adequate (They indicate 110 spaces). In 2019 the number of vehicles was recorded as 45 motorbikes and 5 cars (Rugby Club) and 90 motorbikes and 15 cars (Football club) - these are figures over a 2 week period and so not necessarily all present at the same time.
3.0 PLANNING HISTORY - 3.1 Planning approval was granted in 2007 under PA 06/01967/B for the laying out of sports pitches and associated car parking. Aside from the similar application at the Corinthians and Douglas Royal Football Club, no other applications are considered material to the assessment of this current application, though it is to be borne in mind that a number of similar uses are proposed, and generally approved, across the Island. This does not mean that additional such sites, or the more intensive use of already approved sites, are necessarily acceptable, but it does point to a wider trend servicing a particular and defined need. - 3.2 Planning Approval for 15/01302/C was for the temporary use of rugby pitch and facilities as a camp site for TT Practice and Race Weeks (the redline boundary of this site was slightly smaller than the current application), subject to various restrictions including the overall number of pitches (40). - 3.3 Application 16/00912/B for variation of Condition 5 of planning approval granted under 15/01302/C to allow 60 temporary camping pitches at any one time. - 3.4 Application 19/00238/B for variation of condition five of PA 16/00912/B, Variation of Condition 5 of planning approval granted under 15/01302/C to allow 60 temporary camping pitches at any one time, to increase the number of camping pitches to 120 was approved subject to the following conditions (these mirror the 6 attached to 15/01302/C other than there is no 4 year condition, hence what was condition 5 became condition 4 and was reworded).
3.4 The minutes of the Planning Committee meeting state,
"The Members expressed concern that this application may create future problems, and referred to the camping review carried out by the Department of Enterprise. Miss Corlett confirmed that the review is of all the campsites as a whole. In response to questions, Mr Butler advised the Members with regard to parking concerns, the proper evidence required, and timescales with regard to submitted applications together with any subsequent appeals. Mr Leece confirmed that the Applicant has decided to apply earlier next year in order have a full application. There is a company which provides marketing services on the club's behalf, and the club itself is very engaged with the community. The site itself provides good quality access with transport links via the local bus service. The Members noted that while this application was for this year, there is an extant permission for 60 pitches going forward. Mr Leece stated that the need is for 90 tents this year, but that these must be booked in advance. The company also provides glamping services in the UK".
4.1 The application site is within an area zoned as "Land owned by Government - Open Space in Agricultural Use" identified on the Braddan Local Plan 1991. The Isle of Man Strategic Plan 2016 contains general planning policies but does not have Policies that are specifically set out policy tests for temporary camping sites, other than those policies which relate to all development or to tourist development generally. - 4.2 The Isle of Man Strategic Plan 2016 contains four policies that are relevant to the assessment of this current planning application. The planning application should be assessed against both General Policies 2 and 3: while the latter refers only to land not zoned for any development, some of the general principles of General Policy 2 with respect to the character of the area and impact upon highway safety. - 4.3 General Policy 2 states in part: "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:
4.4 General Policy 3 states: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan other than in certain circumstances, including, "development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative"
4.5 The Strategic Plan policies in relation to Environment Impact Assessment (EIA) set out a list in Appendix 5 if situations where it is proposed that an EIA will be required in every case, which lists "permanent camp sites and caravan sites" and is therefore not applicable to this application. - 4.6 Business Policy 11 states: Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designations which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be situations where existing rural buildings would be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted. - 4.7 Transport Policy 4 states: The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan.
5.1 DOI Highway Services comment (15.01.20) that although there are no objections, they still have concerns in relation to potential parking demand in future years. Further evidence is required in the form of more detailed parking surveys providing comfort that parking issues would not arise from the peak in demand from 120 pitches. However, they acknowledge the important of the provision of camping facilities for TT and suggest a 3 year temporary approval (With the same other conditions as 19/00238/B) to allow the club to proceed and also allow more detailed information to be acquired by the club/operator to support a future application. - 5.2 Braddan Commissioners have no objection (21.01.20). - 5.3 DHSC have indicated they support the application, and had the opportunity to review it prior to submission (19.12.19). - 5.4 DfE (Tourism) responded on 19.12.19 and initially indicated they had no comments., Following a phone conversation they advised that the report on non-serviced accommodation was still being finalised but if the recommendation of the report that there are no more temporary campsites was approved, this application would still be able to be approved as the draft report indicated any site registered as at 1st September 2019 should remain. A subsequent e-mail (09.01.20) stated, "As you may be aware, Visit Isle of Man recently created a policy in regards to campsites on the Isle of Man. The Visit Isle of Man Agency Board has voted against the policy in favour of changing nothing and instead let it be driven by market forces. All campsite applications should continue to be given the opportunity to achieve planning permission and the decision as to whether this is granted should be down to the planning team. Visit Isle of Man will continue to register all campsites subject to them having the correct permissions from all departments".
"In dealing with an application for planning approval or an application under subsection (3), the Department shall have regard to — (a) the provisions of the development plan, so far as material to the application; (ab) any relevant national policy directive under section 2A; (b) any relevant statement of planning policy under section 3; (c) such other considerations as may be specified for the purpose of this subsection in a development order or a development procedure order, so far as material to the application; and (d) all other material considerations".
7.1 Since the last application, the concerns of the hospital appear to have been resolved. The concerns in relation to highways appear to have been partially resolved with the provision of some information, with a compromise being suggested of a temporary approval for 3 years. However, the policy position has become more difficult since the previous application and it is considered that the application should be refused for the reason set out at the beginning of this report.
7.2 It is noted that Business Policy 11 indicates that tourism development should be assessed in the same way as other development. The application site is within an area zoned as "Land owned by Government - Open Space in Agricultural Use" identified on the Braddan Local Plan 1991. The Strategic Plan (2016) General Policy 3 sets out a clear presumption against development in such areas other than for stated exemptions. No information has been provided to demonstrate overriding national need or no reasonable and available alternatives and there are no other published policies that would set out clear 'other material considerations' that would outweigh the development plan. - 7.3 However, given the planning history of the site and circumstances of the site and proposal it is considered that these could constitute 'other material considerations' that could justify a departure. It is therefore considered that for this particularly proposal on this particular site, that a further temporary approval for an increase in numbers and area is appropriate, and this would allow time for more information to be gathered in relation to parking and clearer evidence for permanent increase to be produced (either site-specific by the applicant and/or sector wide by the Department for Enterprise/Cabinet Office). - 7.4 It is important to note that planning approval was granted under 15/01302/C to allow 60 temporary camping pitches at any one time and application 16/00912/B was for variation of Condition 5 of planning approval granted under 15/01302/C to allow 120 temporary camping pitches at any one time. The variation of condition application was granted, but subject to a condition that the additional pitches were only used in 2019. The current application is not a variation of condition but a full stand-alone application. If it is approved and implemented then it will be the only approval the site is operating under. Therefore, should it be granted subject to a temporary approval this would mean that upon the end of that temporary period there would be no approval for any camping at the site (i.e. the site could not revert to the previous approval). Therefore the conditions have been worded to make the increase in numbers and site area temporary.
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:
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: 17.02.2020
Signed : S BUTLER
Presenting Officer
Signatory to delete as appropriate YES/NO See below
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