24 May 2012 · Council of Ministers
Field 534017, Blackberry Lane, Onchan, Isle Of Man, IM3 1ta
The proposal involved creating a football pitch occupying about a quarter of two fields (534017 & 534018), levelling the ground with up to 4m excavation, erecting a modest low-rise clubhouse (17.1m x 7.1m) at the southern end near the adjacent Douglas High School Old Boys AFC facilities, and providing 51 car parking sp…
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The independent Inspector recommended refusal, concluding that 'the car park and clubhouse would have a harmful effect on the open character and appearance of the surrounding area, contrary to paragra…
Recreation Policy 2
Requires no development adversely affecting/loss of open space unless overall community gain and no significant unacceptable effect on area character. Inspector found car park/clubhouse cumulative visual harm with adjacent facilities unacceptable, uncertain need outweighed by harm. Council deemed social benefits for youth sport/community gain outweighed harm despite no specific policy for site.
paragraph 10.2 of the Onchan Local Plan
Identifies 'open fields alongside Blackberry Lane' as visually appreciated open space requiring specific protection policies (none currently exist). Inspector viewed proposal as harming green buffer; Council accepted harm but outweighed by positives.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to a football pitch, changing facilities and car park as shown on the 1:1,500 location plan and Drwg Nos PL10 Rev A, PL11 Rev A and OFC-01 Rev 4, all date-stamped 6 January 2012.
Materials approval
No development shall take place until a sample of roofing material to be used on the clubhouse has been submitted to and approved in writing by the Planning Authority. The clubhouse shall be roofed with the approved material.
Landscaping scheme
No development shall take place until a landscaping scheme, including a timetable for its implementation, has been submitted to and approved in writing by the Planning Authority. The scheme shall include a management plan for the grassed areas not covered by the pitch. The landscaping scheme and the management plan shall be implemented as approved. Any tree or shrub that within 5 years of being planted dies, is removed or becomes seriously damaged or diseased, shall be replaced in the next planting season with another of similar size and species.
Car park provision
Neither the pitch nor the clubhouse shall be used until the car park has been provided in accordance with the approved plans. Thereafter the car park shall be kept permanently available for the parking of cars.
Junior use only
Only junior players not exceeding 18 years of age shall use the pitch hereby approved. No senior matches shall be played on the pitch.
recommend that the application be approved
I/we fully support the actions taken by Onchan AFC to establish a facility for football to be played at Blackberry Lane, Onchan
written in support of the current proposal
No Objection subject to conditions on sewer connection and no surface water to foul sewers
Manx Electricity Authority requests contact for utilities; Water Authority has no objection subject to drainage conditions; Onchan District Commissioners recommend approval; DEFA confirms no known noise issues; a resident objects on grounds of open space loss, wildlife, parking, and traffic.
Key concern: Underground Cables/Overhead Lines present in the area
Manx Electricity Authority
Conditional No ObjectionContact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.; There are Underground Cables/Overhead Lines present in the area indicated in you Planning Application.
Conditions requested: Applicant must contact the Authority; Contact MEA Network Operations Department (Tel. 687687) to discuss working practices around Cables and Overhead Lines; Contact MEA Planning Department (Tel. 687781) to discuss the electricity supply; Contact MEA for Electrical Site Safety 5 documents (Tel. 687766); All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6
Isle of Man Water and Sewerage Authority
Conditional No ObjectionNo Objection: - subject to the following conditions; In accordance with the Sewerage Act 1999, a communication fee will be payable
Conditions requested: The proposed dwelling must be connected to the public sewer(s) in a manner acceptable to the Isle of Man Water & Sewerage Authority. All drainage works must conform to the requirements of "Manx Sewers for Adoption" and all necessary inspections/surveys [including CCTV] are to be carried out at the developer's expense.; There must be NO discharge of surface water (including that from roofs and paved areas) from this proposed development to any foul drainage system(s)
Onchan District Commissioners
SupportThe Commissioners recommend that the application be APPROVED for planning purposes only.
DEFA Environmental Protection Unit
No Objectionwe are not aware of any noise nuisance from the proposed site or the neighbouring pitch.
The original application 12/00016/B for creation of a football pitch, erection of a clubhouse with changing facilities and associated car parking was refused by the Council of Ministers process due to harm to open character from car park and clubhouse, contrary to Onchan Local Plan paragraph 10.2 and Recreation Policy 2, with insufficient evidence of need outweighing harm. The appeal proceeded via informal hearing on 19 April 2012. The inspector found no highway or amenity harm but recommended refusal on balance due to visual harm and need uncertainty, particularly regarding new pitches at Bemahague School. The Council of Ministers disagreed, giving greater weight to social benefits for youth sport and uncertainty over Bemahague access, concluding positives outweighed harm. Permission was granted on 24 May 2012 subject to conditions limiting use to juniors under 18.
Precedent Value
This appeal demonstrates that Council of Ministers can override inspector's refusal recommendation by prioritising social benefits for youth sport over visual harm to open space, particularly where alternative facilities have access uncertainties. Future applicants should emphasise community benefits and provide robust evidence on lack of guaranteed alternatives.
