Case Officer: Mr Edward Baker Photo Taken: Site Visit: Expected Decision Level: Planning Committee
Officer's Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE BECAUSE THE PROPOSAL RELATES TO TT AND MANX GP RELATED INFRASTRUCTURE APPLIED FOR ON A PERMANENT BASIS.
The Application Site
The application site is located at Nobles Park, Douglas. It is situated just to the south side of Glencrutchery Road to the west of the TT Grandstand. The site forms the north east corner of the playing fields and is relatively flat. It is bounded by Glencrutchery Road on its north side. To the east, the site boundary is defined by a line of mature trees beyond which is the rear of the TT Grandstand and paddock. To the west is the rest of this particular area of parkland. Just to the south of the site is the location of the Snoozebox temporary hotel, which the Planning Authority has recently granted permanent approval for all future TT events (13/91530/B). Further to the south is the Nobles Park sports centre and cafe. The site is accessed from the south west – to the south side of the sports centre – from St. Ninnian's Road, which is itself accessed from Ballaquale Road (to the west) and from Upper Duke's Road (to the south).
To the opposite side of Glencrutchery Road to the north is the cemetery. The nearest houses to the site are on Mountain View, to the north side of Glencrutchery Road, approximately 100 metres from the edge of the site to the west.
The Proposal
The application seeks planning approval for the erection of a hospitality marquee in connection with the Isle of Man TT and Festival of Motorcycling events. The marquee would remain in situ between these events (i.e. between May and September each year). It is also proposed to use the marquee for a number of independent events between the TT and Festival of Motorcycling. The agent has provided the following list of potential events:
Swagelock Summer ball 300 people July/August
Royal London 360 Summer event
Application No.:
14/00170/B
Applicant:
Department Of Economic Development
Proposal:
Erection of a hospitality facility for the TT and Festival of Motorcycling, including use for additional events, as detailed in the agent's email of 11th February 2014
Site Address:
Part Of Playing Fields
Nobles Park
Douglas
Isle Of Man
G4S large charity events in Summer
End to End signing on 7th September
DEFA Food Festival September
Rally IOM mid September
The applicant confirms that the first event listed is likely to involve amplified music.
The marquee would have a broad "T" shaped footprint. It would measure 45 metres wide with a depth of 40 metres. It would be single storey with a height of 3.4 metres. It would be constructed from white fibreglass moulded wall panels with aluminium framed windows and a white PVC coated roof.
The applicant states that the marquee would accommodate approximately 500 guests and would support 50 temporary jobs.
The facilities include a full commercial kitchen with food storage, preparation and serving facilities, together with separate coffee and licensed bars. There would be a full audio visual system for entertainment and stage and associated public address system where celebrities can be interviewed. There may be associated amplified music. However, it is not anticipated that the marquee will be used for music events. There would be CCTV and a monitored intruder alarm.
Mobile toilets would be provided. Mains water and electricity is supplied from existing distribution units.
The application states that the marquee would take two weeks to erect and two weeks to dismantle. Preparation for the events will need to begin the day before each event. This is likely to commence at 08:30 with the facility open to VIPs from 09:30. The last hour of operation would be 23:00 with an hour for clear up afterwards.
The hospitality marquee was erected and operated at last year's TT event without planning approval.
The applicant is the Department of Economic Development. The application follows pre-application discussions with the planning officer.
Planning History
The site has the following relevant history:
07/02247/B – split decision at appeal in 2008 in respect of creation of car park (refused), paving of roads and paths, formation of new pedestrian entrance, rebuilding of stone entrance piers and erection of metalwork arch (approved).
Planning Policy
The Douglas Local Plan 1998 identifies the area as being Open Space or Woodland – Public Open Space.
The following policies in the Isle of Man Strategic Plan 2007 are considered relevant:
Whilst General Policy 2 does not strictly apply, the principles contained within it are general planning principles that ensure good development, and in this regard are relevant:
'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:
(a) is in accordance with the design brief in the Area Plan where there is such a brief;
(b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
(c) does not affect adversely the character of the surrounding landscape or townscape;
(d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
(e) does not affect adversely public views of the sea;
(f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
(g) does not affect adversely the amenity of local residents or the character of the locality; provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
(i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
(j) can be provided with all necessary services;
(k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
(l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
(m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
(n) is designed having due regard to best practice in reducing energy consumption.'
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.'
Recreation Policy 2:
'Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances:
(a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and
(b) where there would be an overall community gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area.'
Transport Policy 7:
'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.'
Representations
Douglas Borough Council – no response to date.
Highways Division – no objection.
The applicant has confirmed that car parking will be available for the events between the TT and Festival of Motorcycling on the large hard standing behind the grandstand. For the motorcycling events, Noble Park’s sports fields will be used.
Environmental Health Officer (DEFA) – initial comments on the proposal are as follows:
Hospitality – as long as sensitively situated we had no issues last year so can’t see any issues in terms of potential statutory nuisance.
Public entertainment / loud amplified music – if before 11pm as long as sensitively situated, for occasional events in accordance with Code of Practice on Environmental Noise Control at Concerts there should be a reasonable balance between the benefit to the community from these events and protection of local residents from noise nuisance.
Manx Electricity Authority – advisory note.
A3 Island Marquees Ltd, Peel – objects to the application:
Does not object to the TT and Festival of Motorcycling useage of the marquee.
However, concerned that the extended additional use over the summer will impact on their business and other businesses struggling to survive in this harsh economic climate.
The Department of Economic Development is potentially putting permanent employment at risk for hotel workers and events staff, by reducing possible income generated from larger events.
The proposal would have an on going impact on noise, additional traffic movements and footfall.
We have frequently supplied 500 plus seater temporary venues for various events and feel that the list of additional events (of which only one is related to motorsport) could have serious ramifications to ourselves and other Manx companies, including the hotels, Villa Marina and other marquee suppliers.
We feel that there is no new demand for economic development for the additional useage outside of the TT and Festival of Motorcycling events.
Assessment
Whether this is a suitable location in principle for a temporary events marquee
The proposed marquee is at variance with the land-use zoning for Nobles Park which is public open space. It is to be in situ for approximately four months each year between May and September. During this time this corner of the playing fields will be unavailable for recreation use. The total area of playing fields will not be significant in the round, measuring approximately 70 metres by 60 metres (or around 8% of this area of playing fields to this northern part of Nobles Park). The applicant has confirmed that the site and adjacent playing fields are used sparsely over the summer for informal (and not formal) recreation.
The TT and Festival of Motorcycling are very special and unique events with significant cultural and economic importance to the Isle of Man. The marquee would be required on a temporary basis for each event (probably for around six weeks for each including setting up and dismantling time). The need for VIP hospitality facilities for the TT and Festival of Motorcycling is recognised and it would support the operation of the events and increase their attractiveness for visitors. The proposal would also support 50 temporary jobs and would have a positive economic impact, and this is welcomed.
It is felt that a reasonable exception can be made for the loss of public open space during the two motorcycling events. Indeed, the recreational use of this land will already be significantly disrupted by the events themselves during this time.
The retention and use of the marquee for events between the TT and Festival of Motorcycling is less clear cut. The applicant states that they wish to keep the marquee in situ between the motorcycling events to save costs (there are cost implications every time the facility is taken down and re-erected). Furthermore, the use of the marquee for additional events during the interim period will make better use of the facility and will presumably bring in an income for the applicant.
It is accepted that there is a strong case for the marquee in conjunction with the TT and Festival of Motorcycling. If the marquee were only to be required for these two events then it would not be needed from broadly around the third week in June each year (to take account of dismantling time after the TT) until the beginning of August when it would need to be re-erected for the Festival of Motorcycling. This intervening period would be, give or take, approximately 5 weeks. Therefore, assuming that the case for the marquee for the motorcycling events is endorsed by the planning committee, there would be further loss of recreation space for an additional five weeks if the marquee is to remain in situ between both events. Given that this is not considered to be a substantial period of time together with the relatively small size of the area in question, the prolonged loss of open space is felt to be acceptable.
An objection has been received from A3 Island Marquees Limited who raise concerns about the effect that the use of the marquee for additional events (other than the TT and Festival of Motorcycling) will have on their business and others including hotels, as well as the potential impact on venues such as the Villa Marina. It is not the role of the planning system to regulate competition in the market place. Each application should be judged upon its own individual merits. It is considered that the proposed use of the marquee for additional events is a practical solution in terms of making use of a building which is already in situ. The intervening period when additional events can take place is two months and it is recommended that the total number of events is limited to no more than six. In any event, competition is not a material consideration relevant to the application.
Having regard to these considerations, it is felt that the provision of the marquee for events in connection with the TT, Festival of Motorcycling and a limited number of other events during the intervening period is acceptable in principle. Whether the proposal is ultimately acceptable overall should depend upon the consideration of the following planning impacts.
The effect of the proposal upon neighbour amenity
The nearest residential neighbours are on Mountain View, located to the north side of Glencrutchery Road, approximately 100 metres to the west. The Environmental Health Officer has provided interim comments, noting that no environmental impact issues arose last year (when the marquee operated without planning approval) and that it is unlikely that this aspect of the proposal will result in a statutory nuisance. Public entertainment / loud amplified music might be acceptable if before 11pm for occasional events in accordance with Code of Practice on Environmental Noise Control at Concerts. However, the Environmental Health Officer's formal comments on the application are awaited and these will be reported to the planning committee.
It is understood that the marquee operated last year for the TT without environmental complaints from neighbours. There is public address system used to interview celebrities at the VIP events but there is no loud amplified music. It is unlikely that this aspect of the proposal will result in harm to the amenity of local people. The impact of the interim events
between the TT and Festival of Motorcycling is more of an unknown quantity. The applicant has received a number of unsolicited enquiries to use the facility and these are listed in paragraph 3 of this report. Special attention will need to be paid to the nature and scope of these additional events in terms of their number, hours of operation and noise. These issues are discussed in more detail below under the "Conditions" section of this report. The formal comments of the Environmental Health Officer are awaited and these will be an important consideration in finalising how the planning conditions are to be framed. As a precautionary approach, it is recommended that the additional events are only given a temporary one year approval so that the planning impacts of this aspect of the proposals can be reviewed after this year.
The effect of the proposal upon the character and appearance of the area
Nobles Park and the general area changes dramatically during the TT and Festival of Motorcycling events. This area of the park is used for parking and other temporary uses in connection with motorcycling. For example, the land to the immediate south of the site benefits from planning approval for a 240 bed modular hotel during the TT. The proposed marquee would be commensurate with this change in the character of the area and, in the context of other TT related development and paraphernalia, would be visually acceptable. The retention of the marquee for the two month period between the TT and Festival of Motorcycling would unlikely have a harmful visual impact. It is considered that the more pertinent question for the application is around the acceptability of the use of the marquee during this interim period.
Access and parking
The applicant has confirmed that parking for the marquee for the TT and Festival of Motorcycling will be in Nobles Park adjacent to the site (with access from St. Ninnian's Road to the south west). For the additional interim events, parking will be on the large hard standing at the rear of the grandstand. The applicant has provided an amended site plan that shows these parking areas. The Highways Division offers no objection to the application and the proposal is not considered to raise any particular highway concerns.
Conditions
Particular attention should be paid to the framing of planning conditions in the event that planning approval is granted.
The standard four year period for implementation condition is recommended because the applicant might choose not to implement the approval.
A condition is required that limits the period from when the marquee can be first erected and when it has to be taken down in any calendar year (the marquee will be allowed to be in situ for around four months each year).
The number of additional events between the TT and Festival of Motorcycling should be controlled by condition and restricted to no more than six (as broadly indicated in the application submission). Each event should be limited to no more than two consecutive days of which only one of the days can operate late into the night. To enable the Planning Authority to properly monitor and enforce this condition, the operator should be required to give the Planning Authority at least 14 days notice of each event. The condition is required in the interests of the neighbour amenity and the general amenity of the area. The types of events should also be limited to exclude birthdays, weddings, religious based events such as Christenings, and music events, for which there is either no overriding reason why they should take place at the site, or they could result in noise disturbance to local people. The additional events should be limited to 2014 only.
The hours that amplified music can be operated should be limited to between 09:30 and 23:00.
If the planning committee is concerned about retention of the marquee and/or its use for events between the TT and Festival of Motorcycling then it could chose to impose conditions to require removal of the marquee/or prevent its use during this period. It is considered that this would be more appropriate than refusing the application outright because there would be very little time for the applicant to resubmit the application in time to secure an approval for the TT related use ahead of this year's event.
Recommendation
It is recommended that the application should be approved but with only a one year approval for the additional events between the TT and Festival of Motorcycling.
Delegated authority is sought to approve the application with conditions, subject to receipt of the formal comments of the Environmental Health Officer.
Party Status
The following parties should be afforded interested person status:
The local authority, Douglas Borough Council, is by virtue of the Town and Country Planning (Development Procedure) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.
The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) Order 2013 paragraph 6 (4) d.
The following parties should NOT be afforded interested person status:
A3 Island Marquees Ltd – not an immediate neighbour to the site.
Manx Electricity Authority – does not raise material planning issues.
Recommendation
Recommended Decision: Permitted
Date of Recommendation: 21.03.2014
Conditions and Notes for Approval / Reasons and Notes for Refusal
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
C 1.
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2.
The development hereby permitted shall not be carried out except in full accordance with the following plans: Drawing Numbers 112 04 (proposed floor plans) and 112 05 (proposed elevations) received on 11 February 2014; and Drawing Numbers 112 01A (site location plan) and 112 03A (proposed block plan) received on 24 March 2014.
C 3.
In any given calendar year, the marquee shall not be in situ more than 14 days before the first day of practice week for the TT, or more than 14 days after the last race day of the Festival of Motorcycling. The site shall be restored to its former condition within 14 days of the marquee being removed.
C 4.
Other than the circumstances provided for by condition 5 of this approval, the marquee shall not operate and shall not be occupied by customers, visitors, guests or patrons for more than 14 days each year in connection with the Isle of Man TT event, and for more than 14 days each year in connection with the Festival of Motorcycling event (i.e. a total of 28 days each year). Other than these circumstances, and those provided for by condition 5, the marquee shall not be used. No customers, visitors, guests or patrons shall be served or remain in the marquee outside the following hours: 09:30 to 23:00.
C 5.
In addition to the circumstances provided for by condition 4 of this approval, the marquee shall not be operated for more than six annual events, limited to the period between the Isle of Man TT and Festival of Motorcycling events. Each event shall be limited to no more than two consecutive days each, and shall not be carried out unless on a Friday, Saturday or Sunday.
No customers, visitors, guests or patrons shall occupy the marquee in connection with these events outside the following hours:
M
Fridays and Saturdays – 9:30 to 0:00 Sundays – 9:30 to 18:00 Only one of the two days for each event shall operate outside the hours of 9:30 to 18:00.
These additional events shall not be operated unless at least 14 days written notice has been given to the Planning Authority before each event occurs, including the dates of the event and clarification of which if any of the days is to operate until 0:00 hours, in order that the Planning Authority may monitor the number and type of events provided for by this condition.
The events provided for by condition 5 shall not include private parties, weddings, Christenings or other religious ceremonies, or music events.
C 6.
The use of the marquee for the additional events provided for by condition 5 of this approval shall only be permitted to be carried out during the calendar year of 2014. After 2014, these additional events shall not be carried out, condition 5 will cease to have an effect, and the marquee shall only be used in accordance with the provisions of condition 4 of this approval.
C 7.
There shall be no amplified music outside the hours of 09:30 and 23:00.
C 8.
There shall be no vehicle parking for customers, visitors, guests or patrons of the marquee in connection with the uses provided for by condition 5 of this approval, unless in the area annotated No. 7 on Drawing Number 112 01A received on 24 March 2014.
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.
