DEC Chibbanagh Hot-Food Facility Decision Notice 12TH

CO Copy Letter

Our Ref: DF23/0003 Dear Sir/Madam, CABINET OFFICE Government Office Douglas Isle Of Man IM1 3PN Telephone (01624) 685280

Email: [email protected]

12th March 2024

PA No:	23/01140/C
Proposal:	Temporary accommodation of food vending facility for a period of 5 years
Address:	Car Park, Chibbanagh Plantation, Cooil Road, Braaid

I can confirm that at its sitting on 29th February 2024 the Council of Ministers determined to approve the application subject to the conditions below. 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

• 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

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.

• 2. At the expiration of a period of 5 years from the date of this approval, or when the food unit ceases to be operational, whichever shall occur first, the use and siting of a mobile food and catering unit shall cease and be removed.

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• 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.
• 3. 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.

• 4. This approval is limited to the siting and operation of a single mobile food and catering unit. The siting of the unit shall be in accordance with the location and site plan ref CB1 and CB2.

Reason: To clarify the terms of the approval and in the interests of the character and appearance of the countryside.

• 5. No external lighting, whether temporary or not, shall be installed either affixed to the mobile food and catering unit or to any other exterior support.

Reason: In the interests of maintaining the intrinsic value of the character and appearance of the wider countryside and fauna of the Plantation.

All parties should note that there is no prescribed right of appeal relevant to Council’s decision herein, and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within 3 months.

Yours sincerely, A JOHNSTONE

Mr Andy Johnstone On behalf of the Chief Executive Officer

Report on Planning Application – written representation case Reference No: DF23/0003 Planning Application: 23/01140/C Site: Car Park Chibbanagh Plantation, Cooil Road, Braaid

The application, made by the Department of Environment, Food and Agriculture, seeks planning permission for the temporary accommodation of a food vending facility for a period not exceeding 5 years.

Preliminary matters

• 1. The application site is owned and managed by the Department of Environment, Food and Agriculture of which the Planning Authority forms part. As a Departmental application, the proposal falls to be determined by the Council of Ministers under the provisions of section 16(1)(b) of the Town and Country Planning (Development Procedure) Order 2019.
• 2. For the avoidance of doubt, the plans that inform my recommendation are location and site plans ref CB1 and CB2.

The site and its surroundings

• 3. The application site comprises the established car park at Chibbanagh Forest, at the start of the Sloping Road, one of the Island mountain bike routes. The proposed siting for the catering unit is towards the south-eastern corner of the car park which is hard surfaced, finished in crushed stone and enclosed by post and rail fencing. It lies on rising ground, in an open location with a backdrop of the coniferous forest. The recently cleared immediate surroundings to the car park have been re-planted with broadleaf trees.
• 4. Vehicular access is taken off the A24, and the car park appears well used by walkers and cyclists alike. It includes some waste bins and picnic benches already available for use by those enjoying the forest trail and the wider views across the Greeba Valley.
• 5. The application site’s nearest neighbour is some 280 metres away to the west.

Planning history

• 6. 15/00462/B - extension of the existing car park and creation of a picnic area was approved and the works are to all intense and purposes now complete.

Proposal

• 7. The application is for planning permission for a 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 submitted plans and has been considered accordingly.

• 8. 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. At this stage no end user has been secured.
• 9. The application site is not within a Flood Risk Area and the proposal will not require the loss of any trees or tree works.

Planning Policy1

• 10.The application site lies within an area designated on Area Plan for the East (2020) as not for any particular use.
• 11.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 facilities2.
• 12. The application site is not within a designated area of High Landscape or Coastal Value and Scenic Significance.
• 13.The Isle of Man Strategic Plan 2016 (IMSP) 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.

• 14.IMSP 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.
• 15. IMSP Policy EP22 seeks to prevent development that would unacceptably harm the environment or amenity of nearby properties.
• 16.IMSP 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 network3. Open Space forms part of our heritage as well as being an attractive and usable asset, and, in the wider context,

• 1 Most relevant.
• 2 Para 5.13.1.
• 3 Para 10.3.1.

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 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 owned4.

• 17.IMSP Business Policy 1 (BP1) supports the growth of employment opportunities.

The case for the Applicant (DEFA)5

• 18.This application is seeking permission for a temporary period for the application site to accommodate a catering vehicle to provide hot and cold drinks and food6. It is not intended that these facilities will attract additional people to the site who would just utilise the catering facilities and then leave but would provide facilities for those who are visiting the site and walking, cycling or otherwise enjoying the amenities that the forest has to offer.
• 19.The car park has already been extended and the plantation/forest has been replenished. The mobile catering facility would complement the current offer.
• 20.The period being sought for the accommodation of the vehicle is five years to enable the Department to ascertain if there is a demand for, and benefit from such facilities, and if so, they would consider the development of more permanent facilities in this location. After this time the vehicles would no longer be operating from the site unless a further approval were sought and granted.
• 21.The catering facility is proposed to operate during daylight hours (times between dawn and dusk, depending on the operator) and there would be no additional lighting7.
• 22.It is intended that the successful business would support the recreational use of their area with their menus appropriate for the users of the plantation and should support the Food Matters Strategy. The food offered is anticipated to be coffee and cake based, vegetarian, artisan food offerings, local grown meat products. The Department is not looking for typical fast-food facilities and each business would need to demonstrate that it will provide uniqueness that befits the setting. The vehicles may be removed from the site at the end of each session, or remain on site but not in operation, depending upon the operator.

• 4 Para 10.3.2.
• 5 Source the Planning Statement of the Applicant.
• 6 This is one of three applications for the same temporary change of use in similar plantation car park locations.
• 7 Secured by condition.

• 23.The car park already has litter bins and seating facilities and additional will be provided if required.
• 24.Other relevant proposals have been permitted on other sites. Recreation facilities and a temporary toilet facility at Ape Mann, South Barrule plantation was permitted8, and across the road from Ape Mann, Laser Mayhem has been developing and has a cafe, accommodated in an existing building. An application for the installation of containers to provide kitchen and classroom/office facilities was also approved at Laser Mayhem to support facilities for recreation9. A proposal at Watertrough Park for alterations to the existing building to provide cooking facilities and a coffee shop was also approved10. An extension to the car park at Archallagan Plantation was also approved for up to 100 parking spaces to support recreational activity in this location11.
• 25.Conclusion - The site is not designated for development, but it is clear from the Strategic Plan and the decisions taken in respect of applications for facilities in the Department’s forests and plantations throughout the Island, that the amenity and recreation value of these areas is a valuable asset. Their improvement and the encouragement of people to use them has a resultant improvement in the mental and physical health of the Island’s population.
• 26.The application satisfies the requirements of the Strategic Plan and in respect of the presumption against development, is acceptable on the basis that the facility is required for interpretation of the countryside, its wildlife or heritage (IMSP Policy GP 3(h)) as was concluded in the case of the applications for the car parks at Archallagan and Laser Mayhem.
• 27.The recent Government Economic Strategy 2022 - 2032 aims to create a secure, vibrant and sustainable future for the Island, improved health and well-being, and by actively investing in key services and infrastructure that attract and retain economically active people, supported by a range of incentives and disincentives to sustain targeted growth, with the Island becoming an even more attractive place to live. These investments include culture, light and transport facilities, whilst protecting the natural environment and expanding and improving facilities and activities for children, young people and families.
• 28.The proposed facility is aimed at improving existing facilities and making outdoor recreation a more attractive proposition for the Island’s population, complimenting what has already been undertaken on this site by the Department. The temporary nature of the proposal will enable the Department, and those living in the vicinity of the site, and those who will use them, to gauge whether

• 8 14/00725/B.
• 9 17/00149/B.
• 10 16/00277/B.
• 11 20/00854/B.

the facility is desirable, correctly located and serviced and to ensure that there are no environmental issues before something more permanent may be considered.

• 29.Whilst temporary, the vehicle would not be unsightly and are often quirky and would not have any adverse or permanent impact on the character or appearance of the area. The site already has information boards, a hard surfaced car park and fencing. There will be no loss of trees, no harm to ecology and no disturbance to or pollution of adjacent land. It should be noted that this site is already well used and is a popular recreational destination, demonstrated by the recent extension to the car park and inclusion of picnic tables and seating.
• 30.Conditions would be welcomed which could be attached to any approval which may be granted which would restrict the permission to a temporary period of five years starting from the date of the permission, should it be granted; for a restriction on any lighting, for the operation to be no earlier than dawn nor later than dusk on any day. The Department already supervises each site for litter bin provision and emptying and the maintenance and provision of seating and tables and this would continue should the catering facilities come forward and additional facilities installed if required.

Case of the Planning Authority

• 31.Given the nature of the application and the location of the proposed change of use, the main consideration is the effect of the proposal on the character and appearance of the area.
• 32.The proposed scope of works seeks permission for the operation of a single vehicle/ mobile unit located in the existing car park to serve food and drink. Permission is not required to park the vehicle in the car park. While it is not anticipated that a vehicle will be permanently on site for the entire period, it may well be on site when it is not being operated. As the location is a car park it is not considered the proposed use will impact on the character or appearance of the area.
• 33.The scheme is to further facilitate the use of the plantation as a recreational facility.
• 34.In respect of any possible need for additional bins, the plantation is managed by Agriculture and Lands Directorate, (DEFA) and they have undertaken to monitor the need and will supply additional provision if required, this approach will keep the visual impact on the plantation to a minimum. The bins can be installed without the need for a planning application.
• 35.Accordingly, it is considered the proposed development would be appropriate and therefore, in accordance with the relevant planning policies set out above.
• 36.Conclusion - The proposed food/ drink mobile unit is proposed to further facilitate the use of the plantation as a recreational facility.

• 37.Accordingly, it is considered the proposed development would be appropriate and therefore, in accordance with the relevant planning policies and would improve facilities for users of the woodland for recreation, without adversely affecting the overall character and appearance of the area. The proposal is, therefore, considered to accord with DEFA's long term strategy to maximise recreational potential for the Forest Estate and the Sport and Recreation Strategy.

Representations

• 38.Marown Parish Commissioners - The Commissioners have considered the application and do not object but have submitted comments which are summarised as:

• • It is not clear from the submission whether it is for one or more vehicles;
• • It is considered additional bins in the plantation as well as the car park will be required;
• • The Commissioners disagree that the proposal will not result in an increase in traffic but provided there is sufficient capacity within the car park do not consider this to be a bad thing.

• 39. Highways Services raised no objections as the proposed vending vehicle parking and the impact is considered small compared to the parking area available on the site.
• 40. DEFA Forestry Amenity and Lands - No comments received.
• 41. DEFA Ecosystems Policy - No comments received. Assessment by the Inspector Comments on the above representations.
• 42. Marown Parish Commissioners – this application is for the change of use of the car park for the stationing of a single mobile food and catering unit with siting specified by condition. As explained above this could be a trailer or converted horse box or a purpose made vehicle. However, it would be a single unit and a condition could be imposed to secure this.
• 43. In respect of additional bins, the Planning Authority has set out that any resultant littering from users of the catering unit would be monitored by DEFA and would supply additional provision if required. As landowner the operating of the catering business, in this regard, can be monitored by the Applicant and adjustments to business practice, in relation to litter generated, can be required of the business operator.

Assessment

• 44. The car park at Chibbanagh Plantation is a well-established facility allowing ready access to the forest trails by those wishing to enjoy the quiet beauty of the soaring forest trees, the associated flora and fauna, the wider views across the valley and countryside and the

• opportunity for physical activity in the walking and cycling of its paths.
• 45. 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 facilities12.
• 46. The car park at Chibbanagh has more recently been extended which can only be due to the popularity of this particular location for outdoor recreation.
• 47. The proposed 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. The Applicant has indicated that there are a number of options which would likely include converted vehicles such as vans, horse boxes, caravans and trailers. However, the common denominator would be that it would be a single catering unit and would have to be mobile13. I agree with the Planning Authority that the parking of the vehicle would not need permission as the land is a car park. It is the use for business purposes which takes the land use into a different category of use.
• 48. Whatever the mobile catering unit ends up being, 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 season, 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 environment14.
• 49. 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 Chibbanagh Plantation. It would be a facility which may encourage those wishing to enjoy the outdoors, to come to the Plantation knowing car parking is available, as well as somewhere to enjoy a cup of tea or coffee and a sandwich or cake15 after a walk or ride in the forest. It would facilitate recreational activities by providing refreshments and an opportunity to linger to enjoy the expansive views across the Island and consider the interpretation of the countryside16.
• 50. The proposal would also provide the opportunity for the establishment of a new business supporting growth of employment on the Island17.

• 12 Area Plan for the East Chapter 5.
• 13 Required by condition.
• 14 IMSP Policies GP3, EP1, EP22.
• 15 As examples of what might be offered.
• 16 IMSP Section 10.3, IMSP Policy GP3.
• 17 IMSP Policy BP1.

• 51. For the reasons set out above it is reasonable to conclude that the proposed change of use for the stationing of a mobile catering unit and the consequential establishing of a business providing refreshments within the Chibbanagh Plantation car park, 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.
• 52. 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 plans18 again to minimise the visual impact of the unit in the wider countryside.

Recommendation

• 53. For the reasons set out above, I, therefore, recommend that the application be approved subject to the conditions set out in Annex A below19.

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 fiveyear 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.

Frances Mahoney

Independent Inspector

• 18 Location and site plans CB1 & CB2.
• 19 They are based on the conditions suggested by the DEFA officers in their Statement with some additions.

Annex A Schedule of recommended conditions

• 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. 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.
• 2. At the expiration of a period of 5 years from the date of this approval, or when the food unit ceases to be operational, whichever shall occur first, the use and siting of a mobile food and catering unit shall cease and be removed. 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.
• 3. 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.
• 4. This approval is limited to the siting and operation of a single mobile food and catering unit. The siting of the unit shall be in accordance with the location and site plan ref CB1 and CB2. Reason: To clarify the terms of the approval and in the interests of the character and appearance of the countryside.
• 5.

No external lighting, whether temporary or not, shall be installed either affixed to the mobile food and catering unit or to any other exterior support.

Reason: In the interests of maintaining the intrinsic value of the character and appearance of the wider countryside and fauna of the Plantation.