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Application No.: 24/90912/B Applicant: Forestry, Amenity And Lands Directorate, DEFA Proposal: Variation of condition 3 of 23/01138/B to vary the hours of operation of the catering facilities Site Address: Conrhenny Carpark Conrhenny Plantation Creg-ny-baa Back Road Creg Ny Baa Onchan Isle Of Man Acting Head of Development Management: Abigail Morgan Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 31.12.2024 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Reason: To clarify the terms of the approval to meet a specific identified need and to enable the impact of the temporary development on the amenity of the surrounding area to be reviewed and to ensure that if the use/unit is no longer in use it is removed from the site, in the interests of the visual amenity of the immediate and surrounding area.
Reason: To enable the Department to regulate and monitor the proposal and to prevent antisocial behaviour.
Reason: To clarify the terms of the approval and in the interests of the character and appearance of the countryside.
Reason: To provide adequate safeguards for the ecological species existing on the site and in the interests of maintaining the intrinsic value of the character and appearance of the wider countryside as well as not becoming an impediment to the enjoyment of the adjacent Dark Sky site.
Reason: For the protection of common lizards which have been recorded in the habitat around the carpark and which are legally protected under the Wildlife Act 1990.
Reason: To mitigate against the loss of the grassland habitat to facilitate the placement of the new car park
Reason: In the interests of enhancing the biodiversity of the locality and character of the countryside.
Reason: To protect the surrounding habitat from potentially damaging construction activities. This application has been recommended for approval for the following reason.
The extension of the car park at Conrhenny Plantation in conjunction with the siting of a single mobile food and catering unit are considered to be acceptable as socially and physically beneficial in relation to wider recreational activity and would not adversely affect the overall character and appearance of the area, achieving compliance with IMSP Policy GP3. The proposed temporary five-year permission in relation to the mobile food and catering unit is appropriate as a trial run in order to assess the wider effects of the change of use. Therefore, the proposal would be in accordance with the Strategic Plan, DEFA's long term strategy to maximise recreational potential for the Forest Estate, the Sport and Recreation Strategy and Government Economic Strategy 2022 - 2032.
Plans/Drawings/Information; This approval relates to the Proposed Site Plan dwg no 20-002-03 rev B and Location Plan dwg no 20-002-01 rev B received 5th August 2024.
_________________________________________________________________ Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: Local Authority No objection DOI Highways No objection
_________________________________________________________________ Officer’s Report
0.0 PRELIMINARY MATTERS - 0.1 The application site is owned and managed by the Department of Environment, Food and Agriculture of which the Planning Authority forms part. - 0.2 As a Departmental application, the proposal falls to be determined by the Planning Committee under DEFA Delegation No.2024/12. The previous application was determined by the Council of Ministers under the provisions of section 16(1)(b) of the Town and Country Planning (Development Procedure) Order 2019. - 0.3 For the avoidance of doubt, the plans that inform the following are the Proposed Site Plan dwg no 20-002-03 rev B and Location Plan dwg no 20-002-01 rev B.
1.0 SITE AND SURROUNDINGS - 1.1 The application site comprises the established car park at Conrhenny Community Woodland and adjoining land to the south. The car park is hard surfaced, finished in crushed stone and enclosed by post and rail fencing. It lies in an open location with expansive, panoramic views across the Island towards the sea. - 1.2 The application site slopes up from the road with defining frontage banks and a backdrop of the coniferous forest. An informal picnic area with benches currently occupies the site of the extended car park. - 1.3 Vehicular access is taken off the Creg na Baa back road which links Laxey (via the Axnfell Road) with Onchan. - 1.4 The application site's nearest neighbour is some 600 metres away to the north-east.
1.5 As a Community Woodland consisting of 58 hectares, Conrhenny is a growing venue for community involvement, with a 5 hectare Children's Wood located in the heart of the forest. Created as a tree education initiative, the woodland comprises of more than 5,000 native trees, planted over a 10 year period by local primary school children. Conrhenny is also a great place for recreation with a good network of paths, a pond and far- reaching views over Douglas. It features a number of way-marked mountain bike and footpath trails, and Conrhenny's particularly flat terrain is also popular with dog walkers, runners and horse riders. - 2.0 PLANNING HISTORY 19/00196/B -Re-surfacing of existing car park and installation of surface water drainage - was approved.
23/01138/B - Extension of the existing car park and temporary accommodation of a food vending facility for a period not exceeding five years within the existing car park subject to the following conditions;
Reason for Approval: The extension of the car park at Conrhenny Plantation in conjunction with the siting of a single mobile food and catering unit are considered to be acceptable as socially and physically beneficial in relation to wider recreational activity and would not adversely affect the overall character and appearance of the area, achieving compliance with IMSP Policy GP3. The proposed temporary five-year permission in relation to the mobile food and catering unit is appropriate as a trial run in order to assess the wider effects of the change of use. Therefore, the proposal would be in accordance with the Strategic Plan, DEFA's long term strategy to maximise recreational potential for the Forest Estate, the Sport and Recreation Strategy and Government Economic Strategy 2022 - 2032.
Conditions of Approval
Reason: To mitigate against the loss of the grassland habitat to facilitate the placement of the new car park.
3.1 The application is the variation of condition 3 of 23/01138/B to vary the hours of operation of the catering facilities. - 3.2 The current condition states: 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 antisocial behaviour.
3.3 The remainder of the details remain the same as 23/01138/B in that it is for the permanent extension of car park and change of use of the car park to allow for the operation of a mobile catering facility for a five-year period. - 3.4 The proposed siting of the catering unit is specified on the Site Plan and has been considered accordingly. - 3.5 Due to a change in levels up from the road the proposed car park extension would require scraping to achieve a re-profiling of the site levels to create a level surface suitable for the car park. The resultant spoil is proposed to be used to create a planted sod bank along the new boundary of the car park extension to the west. - 3.6 The proposed extension would take access through the existing car park. Existing pathways would be surfaced in crushed stone with timber edging and the existing drainage system improved to accommodate any surface water run-off. - 3.7 In respect of the mobile food vending facility, the type of catering unit is not specified but could include a converted trailer or horse box or a van. It would be capable of providing hot and cold drinks and food, although the food offer is likely to be limited by the size and capability of the facility itself to provide cooking facilities. At this stage no end user has been secured.
4.1 The application site lies within an area designated on Area Plan for the East (2020) as not for any particular use. The site is identified as Plantation on the Environmental Constraints Map accompanying the Area Plan with no further constraints identified. The Community Woodland is also identified as is the adjacent Dark Sky site. - 4.2 The accompanying text in Chapter 5 of the written statement which relates to the Natural Environment sets out that the plantations, have significant recreational amenity and there is scope to develop this further. Most of the working forests are open to the public and are popular with walkers, horse riders and cyclists and several are being developed for further recreation purposes through the addition of car parks and other facilities. - 4.3 The application site is not within a designated area of High Landscape or Coastal Value and Scenic Significance. - 4.4 General Policy 3 (GP3) sets out the exceptions to the limitation that development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan. The relevant exceptions to this policy in this case are: (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (h) buildings or works required for interpretation of the countryside, its wildlife or heritage. - 4.5 Environment Policy 1 (EP1) emphasises that the countryside will be protected for its own sake unless there is over-riding national need in land use planning terms which outweighs the requirement to protect these areas. - 4.6 Policy EP22 seeks to prevent development that would unacceptably harm the environment or amenity of nearby properties. - 4.7 Section 10.3 deals with Open Space and considers that the presence and use of various forms of Open Space in towns and villages on the Island form an integral part of the fabric of community life. Open Space takes various forms and serves many purposes. It ranges from formally laid parks to the wide and extensive public footpath network. Open Space forms part of our heritage as well as being an attractive and usable asset, and, in the wider context,
5.1 Garff Commissioners - no objections. 05.9.24. - 5.2 DOI Highways - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking. 09.08.24
6.1 While the application is to vary the condition to allow the operation to take place from dusk to dawn the principle needs to be considered in the context of this fresh planning application. However, in terms of the overall assessment there has been no change since it was considered by the Inspector under 23/01138/B. - 6.2 The car park at Conrhenny Plantation is a well-established facility allowing ready access to the forest trails and Community Woodland. - 6.3 The Area Plan for the East recognises that the plantations on the Island have significant recreational amenity which should be further exploited through the addition of car parks and other facilities. - 6.4 The car park at Archallagan Plantation has more recently been significantly extended with the addition of up to 100 parking spaces. This can only be due to the popularity of this particular location for outdoor recreation. Whilst the proposed car park extension in this case would be smaller being only 21 additional spaces, nonetheless, it still reflects the current parking pressure which exists at Conrhenny Plantation. - 6.5 The proposed car park, whilst served through the existing car park would require considerable earth moving to establish a level surface to provide the parking spaces and manoeuvring area. This would irreversibly change the character and appearance of the rising land behind the existing car park which is currently green and open and is a transition between the hard surfacing of the car park and the natural environment of the forest setting. - 6.6 Even with the introduction of the screening sod bank and the associated landscaping it would still introduce an extension of the hard, more urban appearance of the car park, which would erode the character and appearance of the woodland setting. So, at face value there would be some harm by reason of a conflict with IMSP Policies EP1 and EP22 which seek to prevent development that would unacceptably harm the environment, protecting the countryside for its own sake. This identified harm would need to be weighed into the balance of this decision. This has not changed since the last consideration. - 6.7 Taking into account that Conrhenny Plantation is a well-used outdoor recreation facility with many different users and that GP3 offers exceptions to the limitation of development outside of areas zoned for development, for works essential for the conduct of, which would include the works to build the car park but, more pertinently, works required for the interpretation of the countryside and its wildlife, it is considered that the car park extension would allow more people to access the Woodland creating opportunities for recreation and the enjoyment and understanding of the countryside. In addition Section 10.3 also identifies that
6.10 The proposal would also provide the opportunity for the establishment of a new business. - 6.11 The conditions as previously imposed have been reimposed. - 6.12 In relation to the proposed variation of the opening time to state dawn - dusk, while it is noted that this was what was requested in the first application it should also be noted that the final condition set those restrictions to enable the Department to regulate and monitor the proposal and to prevent antisocial behaviour and as set out in paragraph 52 of the Inspectors report to secure the association of the catering use with the recreational activities of the Plantation. - 6.13 It is acknowledged that certainly during the summer season that people will be using the plantation long after 18.30 and in all likelihood until it gets dark. For example, at the longest day time period the sunrise is around 4.45 and sunset around 22.00. - 6.14 In addition time does need to be given for the operators to close and remove any waste etc. in safe manner, particularly in the shorter days. It is acknowledged that operators will want the best opportunity to ensure the success of the enterprise and that the weather conditions and customers will inevitably dictate when they do open/close and be linked to when people are in the Plantation. - 6.15 While the use of dusk/dawn will mean that the opening times will vary every day making it difficult to monitor and ensure that it is being operated in accordance with the approval and a fixed time condition, for example can only remain open from 5am until 10pm, would be preferable the reason for the flexibility is acknowledged and in this instance the following condition is proposed;
"The operation of the mobile catering unit hereby permitted shall be closed and the use cease between dusk and dawn. For the avoidance of doubt dusk shall be defined as 30 minutes before sunset and dawn 30 minutes before sunrise.
Reason: To enable the Department to regulate and monitor the proposal and to prevent antisocial behaviour."
6.16 While it is noted that no lighting is proposed given the above the condition regarding lighting has been reimposed to safeguard the character and appearance of the wider countryside as well as in the interests of the fauna.
7.1 The extension of the car park at Conrhenny Plantation in conjunction with the siting of a single mobile food and catering unit are considered to be acceptable as socially and physically beneficial in relation to wider recreational activity and would not adversely affect the overall character and appearance of the area, achieving compliance with IMSP Policy GP3. The proposed temporary five-year permission in relation to the mobile food and catering unit is appropriate as a trial run in order to assess the wider effects of the change of use. Therefore, the proposal would be in accordance with the Strategic Plan, DEFA's long term strategy to maximise recreational potential for the Forest Estate, the Sport and Recreation Strategy and Government Economic Strategy 2022 - 2032. - 8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
8.2 Article A10 sets out that the right to appeal is available to:
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
8.5 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 the Right to Appeal.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : Permitted Committee Meeting Date: 13.01.2025
Signed : V PORTER 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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