APL Planing Statement

Planning Statement For The Variation Of Condition 3 Of 23/01140/C For The Parking And Operation Of Mobile Catering Facilities, Chibbanagh Forest, Marown

Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

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1.0 Introduction

1.1 The site is owned and managed by Department of Environment, Food and Agriculture.

1.2 The site is an open car park which has recently been extended (see Planning History) to the north of Chibbanagh Plantation which extends from the A24 Cooil Road to the Clenagh Road to the south.

1.3 The closest residential property to the site is Braaid Farm which is approximately 280m to the west. 1.4 The car park slopes downward from south to north and the recently cleared area around the car park has been replanted with new broadleaved trees. 1.5 There are litter bins, dog waste bins and picnic tables and benches already on the site.

1.4 Planning approval was granted to a recent application for the parking and operation of catering vehicles within the car park. 23/01140/C was granted by the Council of Ministers following a report by an independent planning inspector who recommended that the application, together with two others for similar facilities in other public wooded areas,

1.5 The applications as submitted proposed that the catering vehicles be operational during daylight hours (times between dawn and dusk, each depending on the particular operator on each site) and there will be no additional lighting.

1.6 The inspector recommended approval to the applications but subject, inter alia to a condition which reads:

The operation of the mobile catering unit hereby permitted shall be closed and the use cease between 18.30 or dusk (whichever time is earlier) and 06.00 hours. For the avoidance of doubt dusk shall be defined as 30 minutes before sunset.

Reason: To enable the Department to regulate and monitor the proposal and to prevent anti-social behaviour.

1.7 Unfortunately the inspector's report makes no reference to the proposal to or justification for the changed operating times in her report, despite noting the proposal's intention to operate between dawn and dusk at her paragraph 21. The final paragraph of the inspector's report states:

Therefore, planning permission should be granted for a temporary period of five years to enable the demand for such a service to be assessed as well as any impact on the amenities of the locality. In addition, conditions are necessary to control opening hours to secure the association of the catering use with the recreational activities of the Plantation, the control of external lighting to safeguard the character and appearance of the wider countryside as well as in the interests of the fauna of the forest, and the restriction of the siting of the unit to that indicated on the application plan, again to minimise the visual impact of the unit in the wider countryside.

1.8 There are no restrictions on the access to the car park or the plantation in terms of hours of access or use.
1.9 The Department seeks the variation of condition 3 to reflect the proposal as originally submitted such that the catering vehicle may operate only between dawn (sunrise) and dusk (sunset) on any day.

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2.0 Planning policy
2.1 Planning policy takes a number of forms: development plans set out what purpose or function land is designated for - land is designated for a particular purpose or not - and these development plans take the form of a variety of adopted Area or Local Plans (or where there is neither, Isle of Man Planning Scheme (Development Plan) Order 1982). Above this, there is the Isle of Man Strategic Plan 2016 which is not geographic but provides overarching strategic policies which apply across the Island. Area Plans should be in general conformity with the Strategic Plan but where there is any contradiction or conflict, whichever was adopted later would prevail (paragraph 1.4.4).
2.2 Consideration can also be given in the determination of any planning application, to Planning Policy Statements, Planning Circulars, National Policy Directives (there is none as yet) or other statements of planning policy as well as other Government policies. Planning is a balance of all of these considerations as well as anything else which could be considered a material consideration.

Area Plan for the East

2.3 The relevant development plan for this site is the Area Plan for the East which was adopted by Tynwald in 2020. This has a series of maps and a Written Statement. The relevant map for this site is the general Proposals Map where the site is shown as not designated for a particular purpose.
2.4 The plan also has a series of other maps which highlight constraints such as ecological sensitivity, conservation areas, areas liable to flood and registered trees. The Environmental Constraints map shows the site as “Plantation” and without any other constraints identified. On the Infrastructural Constraints and Community Constraints maps there are no constraints identified.
2.5 The site lies within an area which is not designated for development. In such areas there is a general presumption against development, as set out in General Policy 3 of the Strategic Plan (see Appendix One). Environment Policies 1 and 2 presume against development which would be harmful to the character and appearance of the countryside, EP 2 placing even more weight on the protection of the character and quality of the countryside in areas which were identified on the Isle of Man Planning Scheme (Development Plan) Order 1982 as of an area of High Landscape or Coastal Value and Scenic Significance: this site is not so

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designated, the site being designated as a ‘Plantation owned by the Isle of Man Forestry, Mines and Lands Board’ on that map.

2.6 Environment Policy 2 refers to the areas of high landscape value and scenic significance but these have been replaced in the Area Plan for the South with the Landscape Character Assessment designations which characterise the countryside by the type of landscape rather than by its perceived quality. The site lies within an area in this assessment of Incised Slopes

Braaid. The full assessment of 2008 on which the Area Plan policies are based, is set out in Appendix Two. The Area Plan Written Statement summarises these as follows: Landscape Strategy Conserve and enhance:

a) the character, quality and distinctiveness of the area, with its open large pastoral fields;
b) its Manx hedges;
c) its scattered farm houses fringed by trees;
d) its sunken and enclosed rural road network and its numerous archaeological features.

Key Views Extensive uninterrupted panoramic views from higher points over large open fields and Greeba Valley and the northern Uplands and eastwards to the built-up edge of Douglas. Some glimpsed views over fields from most sections of roads, which are enclosed by high grassed Manx hedgerows for the most part.

2.7 There is no areas of potential risk of flooding on the national flood risk maps other than a small area alongside the road to the east of the parking area:

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A zoomed-in section of a site plan or location map showing a road, property boundaries, and purple highlighted areas.

2.8 There are no buildings on the site, Registered or otherwise. The site is not within a Conservation Area. There are no Registered Trees on or near the site.

Planning policies

2.9 Whilst there is a presumption against development in this area according to General Policy 3, there is provision for “buildings or works required for interpretation of the countryside, its wildlife or heritage”. Paragraph 7.13.2 expands on this, stating that “There is, however, a general presumption against the introduction of new uses into the countryside (including industrial or office uses): (a) for which there is no local need; (b) which would materially effect the rural character of an area; (c) which would necessitate the creation of new buildings; and (d) which would be more appropriate in industrial zones, business parks or within urban centres.”
2.10 Development should not have a detrimental impact on woodlands particularly ancient, natural and semi-natural woodlands which have public amenity or conservation value (Environment Policy 3). Whilst most of the Island’s plantations were originally established as a commercial conifer timber resource, many are now being managed for amenity, wildlife and recreation purposes (hence the change of name from plantations to Forests).
2.11 Development should have an acceptable impact on ecology (Environment Policy 4).
2.12 Woodlands are accepted in the Strategic Plan (Appendix 6 A.6.3) as making a valuable contribution to the total recreational provision of communities, particularly those that are deficient in recreational space. The section of the Plan on Sport, Recreation, Open Space and Community Facilities also states that “10.1.1 The quality of life on the Island and the quality of our environment are improved by attractive open space and by facilities for recreation and other community purposes.”

It goes on:

10.3.2 Open Space forms part of our heritage as well as being an attractive and usable asset, and, in the wider context, provides visual and spiritual relief from the developed urban settlements on the Island. In addition, it provides recreational enjoyment in respect of various active and some less active forms of sporting activity. Open Spaces also provide a means of improving the health and

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fitness of the Island’s population. Open Space is defined in this context as land used for recreational purposes, both formal and informal, including amenity space whether privately or publicly owned.

10.3.3 The Strategic Plan needs to facilitate sport and recreation opportunities and to ensure that areas of open space are retained, and provided to meet local needs. The Strategic Plan will facilitate this by a three pronged approach:

a) protecting existing assets;
b) making good deficiencies in existing provision; and
c) providing adequate provision within new development.

2.13 Development which would adversely affect the environment is presumed against (Environment Policy 22):

7.17.2 In addition to the above, changes in the activities associated with the current permitted use of land or a building, which in themselves do not constitute development and therefore do not require planning permission, can have an adverse impact on adjacent properties by virtue of noise, light or general disturbance. For example the addition of security lighting on a property may cause light pollution affecting adjacent properties and the wider area. The introduction of new activities into established parks and recreation areas can have an impact on neighbours. In such cases the Department would advocate the person or organisation considering the change to give careful consideration to the potential impact of such activity in terms of location, siting and design.

2.14 Development for the improvement of existing facilities must have regard to any potential adverse impact on those in neighbouring property (Environment Policy 23).

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3.0 Planning history and relevant applications
3.1 The only planning application which has been submitted for this site is:

15/00462/B which sought approval for the extension of the existing car park and creation of a picnic area at Chibbanagh Plantation in Marown. This application was approved, the inspector considering that “I have also had regard to the fact that the exceptions in General Policy 3 of the Strategic Plan to the normal restrictions on development outside of areas that are zoned for development include works that are required for interpretation of the countryside, its wildlife or heritage. It is in my view reasonable to regard the proposed car parking and picnic area either as falling with the category of development required for the interpretation of the countryside, or as being akin to development to that type” (paragraph 18).

Other relevant applications on other sites

3.2 In 14/00725/B for recreation facilities and a temporary toilet facility at Ape Mann, South Barrule plantation, concern was expressed at the temporary nature of the toilet facilities and with an encouragement that permanent facilities be provided within three months although this was not required by condition.
3.3 Across the road from Ape Mann, Laser Mayhem has been developing and now has a cafe, accommodated in an existing building. An application (17/00149/B) for the installation of containers to provide kitchen and classroom/office facilities was approved, the inspector concluded that “the three additional and two previously approved containers in the positions now proposed would support facilities for recreation and avoid unacceptable harm to the Southern Uplands landscape in terms of adopted policy” (paragraph 21). A previous application. 16/00277/B for alterations to the existing building on site to provide cooking facilities and a coffee shop was also approved. The inspector noted that “26. I consider the recreational use of the application site for which approval is now sought to be acceptable as social and physically beneficial and in keeping with other such uses already approved in the South Barrule Plantation…and the development is compliant with the Strategic Plan in this respect, including the exceptions contemplated by General Policy 3”.
3.4 Applications have been permitted for the installation of mobile catering vehicles within existing industrial estates:

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3.5 15/00333/C proposed a unit at Haldane Fisher builders’ merchants in Braddan and was approved subject, inter alia to a condition which required that:

2. If the catering van ceases to operate from the site on a permanent basis theunit must be removed from the site and the site returned to its use as car parkingspaces for the adjacent industrial unit.

Reason: to provide adequate car parking for the industrial use of the site.

3.6 10/01687/B - B&Q car park - permitted without restrictive conditions.

3.7 The most relevant and recent application is that which approved the parking and operation of the catering vehicle - in this case, 23/01140/C. There were observations from Marown Parish Commissioners who queried whether planning approval was required, noted the proposed provision of additional bins if required, considered that a Street Trader Licence might be required and considered that the facility may increase usage of the site but noted that this was not necessarily a bad thing as long as the car park has sufficient capacity. The inspector did not consider any of these observations as a reason to refuse the application.

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4.0 The proposal
4.1 This application, along with others at Conrhenny and Archallagan, is seeking to vary the time which the catering facilities may operate: that being during daylight hours (times between dawn and dusk, each depending on the particular operator on each site). Again, as noted in the original application, there will be no additional lighting which could facilitate earlier or later operating.
4.2 After receiving approvals, the Department advertised the potential facility to local operators. However, feedback received by the Department indicated that the restrictions on the times when the vehicle could be open to customers had discouraged several businesses from applying. 3 applications were received - one for each site - however the Department has not yet appointed any operators as the rental amount was either too low due to the restricted times or they had concerns over the opening times.
4.3 Dawn can be as early as 0444hrs and as late as 0836hrs and dusk can vary between 0356hrs and 0956hrs on the Island. As such, restricting the time of operation to half an hour before 1830 or dusk (whichever time is earlier) and no earlier than 0600 hours would not reflect when the facility may be operational and would effectively allow a start time which will be earlier than sunrise for seven months and an end time which is earlier - several hours earlier in some cases - for seven months.
4.4 It is likely that many people may wish to come to the facility after work. If the facilities are to close by at the latest by 1800hrs (half an hour before dusk) then most people would not have the opportunity to use the facilities at any time of the year. Given that there will be daylight for a further several hours after the facility is required to close, in most of the months when the facilities are most likely to be used, it is not clear why this condition has been imposed as written.
4.5 Furthermore, for the ease of enforcement, it may be preferable to refer to sunrise and sunset rather than dawn and dusk. The Department would wish the facilities to be capable of being operated between sunrise and sunset, should the operator so wish.
4.6 The inspector provides no narrative to explain why this condition has been imposed. The only reference to this is at her paragraph 52 where she simply notes that conditions should be imposed to “control opening hours to secure the association of the catering use

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with the recreational activities of the Plantation”. There is no evidence that the plantation is used only between 0600hrs and 1800hrs.

4.7 Furthermore, there is no evidence or conclusion that there would be any unacceptable impacts on the surrounding area, its ecology or residents, which would justify such a limit on the operating times for the facilities.

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5.0 Conclusion
5.1 The acceptability of the use of the car park to accommodate a mobile catering vehicle has been established through the approval of 23/01140/C. However, it would appear that the approval granted will not be implemented if condition 3 is applied as this is not attractive to potential operators.
5.2 The approval accepts that there is amenity and recreation value of the Department’s forests and plantations throughout the Island and improvement of them, and encouragement of people to use them can result in the improvement in the mental and physical health of the Island’s population. It was accepted that the application satisfies the requirements of the Strategic Plan and in respect of the presumption against development, is acceptable on the basis that they are “required for interpretation of the countryside, its wildlife or heritage” (General Policy 3h) as was concluded in the case of the applications for the car park at this site, Laser Mayhem and Chibbanagh as noted above as well as being in accordance with DEFA's long term strategy to maximise recreational potential for the Forest Estate, the Sport and Recreation Strategy and Government Economic Strategy 2022 - 2032
5.3 It was also accepted that the proposal would also provide the opportunity for the establishment of a new business supporting growth of employment on the Island, supporting Business Policy 1.
5.4 The proposed facilities are aimed at improving existing facilities and making outdoor recreation a more attractive proposition for the Island’s population. The temporary nature of the proposals will enable the Department, and those living in the vicinity of the sites, and those who will use them, to gauge whether the facilities are desirable, correctly located and serviced and to ensure that there are no environmental issues before something more permanent may be considered. The limitation as applied will not enable a significant number of users of the plantations to take advantage of the facilities as, during the late spring, summer and early autumn months when the sun does not set until between 1920hrs and 2156hrs, the catering vehicle will not be able to operate after 1800hrs by which time, if people are working conventional hours, many people will not have got to the site.
5.5 The visual impact of the vehicles was noted as no more intrusive than any other vehicle parking within the site. This would be the case whatever time it were there.

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5.6 We would welcome the amendment of condition 3 such that the operation is no earlier than sunrise nor later than sunset on any day.

Sarah Corlett 5th August, 2024

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Appendix One - policies

Strategic Plan

Strategic Policy 4: Proposals for development must:

(a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2) , buildings and structures within National Heritage Areas and sites of archaeological interest;
(b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and
(c) not cause or lead to unacceptable environmental pollution or disturbance.

General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

(a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10);
(b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11);
(c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;
(d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14);
(e) location-dependent development in connection with the working of minerals or the provision of necessary services;
(f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage.

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 at A.3.6 or 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

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which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative.

Environment Policy 2: The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV’s) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:

(a) the development would not harm the character and quality of the landscape; or
(b) the location for the development is essential.

Environment Policy 3: 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.
Environment Policy 4: Development will not be permitted which would adversely affect:

(a) species and habitats of international importance:

(i) protected species of international importance or their habitats; or
(ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites.

(b) species and habitats of national importance:

(i) protected species of national importance or their habitats;
(ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or
(iii) Marine Nature Reserves; or
(iv) National Trust Land.

(c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats.

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Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward.

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:

i) pollution of sea, surface water or groundwater;
ii) emissions of airborne pollutants; and
iii) vibration, odour, noise or light pollution.

Environment Policy 23: When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours.

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Appendix Two

Landscape Character Assessment

D10 – BRAAID

Key Characteristics

• Gently undulating land sloping down south-eastwards towards the coast with numerous notable rounded hill tops.
• Rough heathland vegetation.
• Coniferous Chibbanagh Plantation on hill tops and higher exposed areas.
• Large open predominantly pastoral fields with low Manx hedges and gorse spreading from hedgerows into more elevated fields in numerous places creating a semi-upland character.
• Sparsely settled area with some scattered farmhouses surrounded by trees in an otherwise open and treeless area.
• Numerous historic settlements and elements such as Long and Round houses at Braaid and remains of Broogh Fort.
• Small gullies containing burns and low vegetation cut across the fields.
• Mount Murray Golf course and associated buildings near the small linear settlement of Newtown, extending along the A5.
• Sunken lanes enclosed by grassed Manx hedges with some gorse and thorn bushes growing on the top enclosing the road corridor.

Overall Character Description Rolling landscape gently slopes south-eastwards towards the coast with notable gently rounded hills covered in a patchwork of large open rectilinear and predominantly pastoral fields bounded by low Manx hedges in a variable state of repair with gorse and other low shrubs growing along field boundaries in places. Patches of gorse spread from the field boundaries into fields of rough grazing on the hill tops around the Chibbanagh coniferous plantation, as well as on the more elevated areas to create a semi-upland feel with heather and patches of bracken beginning to dominate in the abandoned upper fields. Numerous small burns cut across and drain the relatively geometric field pattern with low scrub, waterside vegetation and some small trees growing in the small gullies. The majority of these burns drain into Santon Burn that forms the western boundary, beyond which the character changes to become less open with no rounded hill tops in the Ballamodha and St. Mark’s and Earystane landscape character area. To the north, the land drops down the

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Greeba valley side into a more wooded area, while to the east, the character area meets the more wooded area of Santon with its numerous incised river valleys.

The area is sparsely settled with the few scattered farmsteads in the north of the area shielded from winds by shelter belt trees, while the south-east of the area contains the small linear settlement of Newtown, which extends along the A5 as well as the Mount Murray Golf course complex with numerous buildings, roads and screen planting along the site boundary. A network of small sunken lanes and A-roads, enclosed by tall grassed Manx hedges, cuts across the area, with gorse and other shrubs growing on top of the grassed roadside banks that help to merge the roads into the wider landscape. The Round and Long houses at Braaid represent one of the area’s numerous archaeological sites. These, together with the Broogh Fort north-east of Newtown, demonstrate a history of habitation in this elevated area. There is a relatively tranquil and rural feel in the area away from the main roads that lead out of nearby Douglas. The open fields and rounded hills create a simple and unified landscape character.

Key Views

• Extensive uninterrupted panoramic views from higher points over large open fields and Greeba Valley and the northern Uplands and eastwards to the built-up edge of Douglas.
• Some glimpsed views over fields from most sections of roads, which are enclosed by high grassed Manx hedgerows for the most part.

Historic Features

• Disused mine.
• Round and Long houses at Braaid.
• Broogh Fort and Motte. Ecological Features
• Farmland grassland habitats.
• Marginal periphery moorland habitats at edges of coniferous plantations.
• Mature network of hedgerows containing deciduous trees in field boundaries.
• Small aquatic and riparian waterside habitats in the numerous small drainage ditches.
• Some small clumps of deciduous woodland.

Evaluation of Inherent Landscape Sensitivities

• Sparsely settled character, other than at Newtown.
• Mount Murray Golf course development and linear settlement of Newtown.
• Heath vegetation on upper slopes.

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• Large predominantly pastoral fields with Manx hedges and gorse in fields.
• Sunken lanes enclosed by grassed Manx hedges with some gorse and thorn bushes.
• Sites of archaeological importance.
• Moderate sense of tranquillity.

Landscape Strategy The overall strategy should be to conserve and enhance the character, quality and distinctiveness of the area, with its open large pastoral fields, its Manx hedges, its scattered farm houses fringed by trees, its sunken and enclosed rural road network and its numerous archaeological features.

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APL Planing Statement

Source & Provenance