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Application No.: 24/90910/B Applicant: Forestry, Amenity And Lands Directorate, DEFA Proposal: Variation of condition 3 of 23/01168/C to allow the operation of the catering vehicle from sunrise to sunset Site Address: South End Of Archallagan Plantation Archallagan Road Eairy Isle Of Man Acting Head of Development Management: Abigail Morgan Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 02.01.2025 _________________________________________________________________
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: In the interests of maintaining the intrinsic value of the character and appearance of the wider countryside and fauna of the Plantation.
This application has been recommended for approval for the following reason.
The siting of a single mobile food and catering unit is 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 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; Location Plan Site Plan Planning Statement received 5 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 Site Plan at a scale of 1:250 and Location Plan at 1:3000.
1.0 The site and its surroundings - 1.1 The application site comprises the established car park at Archallagan Forest. The proposed siting for the catering unit is towards the northern corner of the car park, close to the start of the Forest Cycle trail, one of the Island mountain bike routes and the circular forest walking route. The car park is hard surfaced, finished in crushed stone and enclosed by post and rail
2.0 PLANNING HISTORY 20/00854/B - Alterations and extension of existing car park to provide up to 100 car parking spaces - was approved and the works are to all intents and purposes now complete.
23/01168/C - Change of use: temporary accommodation of a food vending facility for a period not exceeding 5 years - was approved by Council of Ministers at its sitting on 29th February 2024 subject to the following;
Reason for Approval Reason: The siting of a single mobile food and catering unit is 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 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: In the interests of maintaining the intrinsic value of the character and appearance of the wider countryside and fauna of the Plantation.
3.1 The application is for the variation of condition 3 of 23/01168/C to allow the operation of the catering vehicle from dawn to dusk / sunrise to sunset. - 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 23/01168/C in that it is for change of use of the car park to allow for the operation of a mobile catering facility for a five-year period. The proposed siting of the catering unit is specified on the Site Plan. - 3.4 The type of mobile catering facility 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. - 3.5 From reading the submission it appears that they wish for operators to be open from dawn to dusk (which would vary on time of year) and open to be able to stay open earlier than the 6am set in the condition and later than the back stop specified position of 18.30.
4.1 The application site lies within an area designated on Area Plan for the East (2020) as not for any particular use. - 4.2 However, 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 exception to this policy in this case is: (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 which form an integral part of the Island. 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
5.1 Marown Commissioners - no objections. 09.9.24. - 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 23/01168/C.
6.2 The car park at Archallagan Plantation is a well-established facility allowing ready access to the plantation for a variety of activities, and 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.
6.3 The application proposes a change of use would allow for the stationing of a mobile catering facility, the exact nature of which is not yet known, and would depend on the operator appointed to manage the unit. - 6.4 In visual terms, as a parked vehicle it would not be discernible from the other parked vehicles which use the car park. Even if it was parked for longer periods, which is likely over the summer, as a parked vehicle it would not appear as an unexpected feature within the context of the car park. Therefore, the mobile catering unit would not, in itself, harm the character and appearance of the countryside environment. - 6.5 The use of the unit for the preparation of food and drink and the sale of such items would be small scale and is unlikely to generate customer activity other than in association with the recreational use of the Archallagan Plantation and would also provide the opportunity for the establishment of a new business or expansion of an existing business. - 6.6 It is considered that the proposed use would not cause identifiable harm to the countryside environment nor to any other material considerations which might compromise established planning policy and weigh negatively against granting of permission in this instance. - 6.7 There is a small area with a minor potential risk of surface water flooding within the application site as shown on the Flood Risk maps. However, it is not considered this would place the application site within a Flood Risk Area requiring any further action.
6.8 The conditions as previously imposed have been reimposed. - 6.9 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. - 6.10 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. - 6.11 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. - 6.12 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."
6.13 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 siting of a single mobile food and catering unit is 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 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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