APL Planning Statement

Planning Statement For The Extension Of The Existing Car Park And The Parking And Operation Of Mobile Catering Facilities At Conrhenny Community Woodland, Onchan

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 As the site is owned and managed by the Department of Environment, Food and Agriculture, the application should be referred to the Council of Ministers for the determination under Article 16 (1)(b) of the Town and Country Planning (Development Procedure) Order 2019.

1.2 The site is part of the Conrhenny plantation which sits to the south of the Creg na Baa back road which links Laxey (via the Axnfell Road) with Onchan.

1.3 The nearest residential property to the site is Ballalheaney Gardens which is over 600m away to the north east.

1.4 The site has an existing car park which has sign boards and a small picnic area alongside, separated by timber fencing, as well as a series of woodland trails.

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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 over-arching 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 2013. This has a series of maps and a Written Statement. The relevant map for this site is the general Proposals Map on which the site is not designated for a particular purpose.
2.4 The site is identified as Plantation on the Environmental Constraints Map accompanying the Area Plan with no further constraints identified. There are no Infrastructural Constraints identified on the relevant map, the site lying outside of the area deemed unsuitable for development due to a danger of pollution to a water supply. There are no Community Constraints identified although there is a Dark Skies site identified to the west (see below) which is also a community woodland described as follows:

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A black and white site location map showing land parcels and roads with a blue star indicating the application site near Overkenny.

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

2.5 There is a general presumption against development in undesignated areas, 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 although this site was not so designated.
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 Northern Uplands, despite there being a different landscape area for ‘Conrhenny and Groudle’. 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:

Broad Landscape Strategy and Key Views Conserve and enhance:

a) the character, quality and distinctiveness of the open and exposed character of the moorland;
b) its uninterrupted skyline and panoramic views;
c) its sense of tranquillity and remoteness;
d) its wealth of cultural heritage features.

Key Views Panoramic and expansive views out to sea and across the whole Island from the summits. Distant coastal views enclosed by peaks from various points within the centre of the area.

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2.7 There are no areas of potential risk of flooding on the national flood risk maps other than some small areas along the road which collect surface water:
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).

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A site location map showing the road network, specifically Creg-ny-Baa Back Road, with highlighted boundary lines indicating the application area.

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.”
2.13 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 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.

2.14 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

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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.

2.15 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 Permission was also sought and approved for the resurfacing of the existing car park and installation of drainage (19/00196/B). Despite concerns about impact on lizards, the inspector recommended that the application be permitted, noting, “the development would not cause any unacceptable adverse impacts on any planning interests. It would generally support the interpretation of the countryside, its wildlife and heritage by the public using the improved car park, in line with General Policy 3(h) of the Strategic Plan. Nor would there be any conflict with the aims of Environment Policies 1 and 3 to protect the countryside, its ecology and woodland with public amenity or conservation value (paragraph 21). Further to the west there have been applications for the creation of a lake and car park (09/00220/B) which was permitted.

Relevant applications in other parts of the Island

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 15/00462/B 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

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interpretation of the countryside, or as being akin to development to that type” (paragraph 18).

3.5 Applications have been permitted for the installation of mobile catering vehicles within existing industrial estates: two examples of these are as follows -
3.6 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 the unit mustbe removed from the site and the site returned to its use as car parking spaces for theadjacent industrial unit.

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

3.7 10/01687/B - B&Q car park - permitted without restrictive conditions.

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4.0 The proposal

4.1 This application, along with others, is seeking permission for a temporary period for the sites to accommodate a catering vehicle to provide hot and cold drinks and food. It is not intended that these facilities will attract additional people to the sites who would just utilise the catering facilities and then leave, but to provide facilities for those who are visiting the sites and walking, cycling or otherwise enjoying the amenities that the forests have to offer. It is also proposed to extend the car park as shown in drawing 03 prepared by BB Consulting: the catering vehicle will be parked within the existing car park, at the boundary with the proposed extension.

4.2 The period being sought for the accommodation of the vehicles 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 these locations. After this time the vehicles would no longer be operating from these sites unless further approvals were sought and granted.

4.3 The catering facilities will be operated during daylight hours (times between dawn and dusk, each depending on the particular operator on each site) and there will be no additional lighting.

4.4 The catering vehicles will be something along the lines of the following, involving local operators which will be invited to tender for the opportunity to operate these facilities.

4.5 It is intended that the successful businesses will support the recreational use of their area with their menus appropriate for the users of the plantations and should support the Food Matters Strategy. These food offered is anticipated to be coffee and cake based, vegetarian, artisan food

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offerings, local grown meat products. The Department is not looking for typical fast food facilities and each businesses will need to demonstrate that it will provide uniqueness that befits the setting. The vehicle may be removed from site at the end of each session, or may remain on site unused, depending upon the operator.

4.6 Each car park already has litter bins and seating facilities and additional will be provided if required. Such facilities do not require planning approval under Class 12 of the the Town and Country Planning (Permitted Development) Order 2012.
4.7 The proposal also includes the extension of the car park which will involve the scraping and reprofiling of an area to the south east of the existing car park and adjacent to it to provide additional parking facilities for approximately 21 vehicles. Access will be from the existing car park using the existing lane which runs south east and with a stone surfaced area with a ditch running through the middle of the car park. The link between the existing and proposed car park will be reinforced with GroundTrax CellPave anchored ground reinforcement system.
4.8 A one way system will operate with appropriate signage displayed and the south western and south eastern boundaries will be formed by a new 1.2m high sod bank constructed from material excavated from the levelling of the car parking area.
4.9 Two existing informal pathways will be formalised to the south west and north east of the existing car park: these routes will be stone finished with timber edging where required. A new drain will be laid from the ditch in the car park through the south western edge of the existing car park and to an existing surface water system with inspection chamber alongside the front boundary of the site.
4.10 A new timber post and wire fence will be erected to separate the existing lane from the new car park. The car park will generally remain open for use but there is the facility for the Department to close the gate between the existing and proposed car parks if required.

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5.0 Conclusion
5.1 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 and improvement of them, and encouragement of people to use them with a resultant improvement in the mental and physical health of the Island’s population. We would suggest 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 parks at Archallagan, Laser Mayhem and Chibbanagh as noted above.
5.2 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 & 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”.
5.3 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 extended car parking facilities are a response to the high level of use of this particular car park which is regularly used by those visiting the plantation as well as those associated with events such as the motorcycle trial. There is little, if any safe on road parking in the vicinity and it is important that the use of the plantation is catered for by appropriate levels of car parking.
5.4 Whilst temporary, the catering vehicles are not unsightly and are often quirky and will 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 with a community woodland moniker due to the range of uses and users.
5.5 We would welcome conditions 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

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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 be installed and additional facilities installed if required.

Sarah Corlett 26.09.2023

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

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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 semi-natural 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.

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;

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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

A1 - NORTHERN UPLANDS Key Characteristics

• Open exposed moorland underlain by the Manx Group rocks
• Rounded smooth peaks and spurs.
• Narrow steep sided V-shaped upland burns / streams with low vegetation.
• Large coniferous plantations with abrupt edges.
• Combination of moorland vegetation and rough pasture.
• Upland Hill farming on lower slopes and sheep grazing.
• Busy A-roads, with distinctive road markings and viewing platforms created for the TT races.
• Largely devoid of built structures except isolated white-washed farm houses and scattered dwellings.
• Fragmented historic field patterns and abandoned dwellings.
• Various historic features; sites such as stone circles, scattered over the area.
• Smooth and uninterrupted skyline, except for visually prominent telecommunication towers on top of Snaefell forming an Island-wide landmark.
• Tranquil and remote character away from the roads with evocative abandoned ‘intact’ farms in the area.
• Extensive and panoramic views of surrounding peaks and over the whole Island.

Overall Character Description The open, expansive and exposed rolling moorlands with numerous rounded summits, such as Snafell and Sartfell, are covered by a pattern of rough moorland vegetation consisting of heather, gorse and rough grass, areas of rough grazing, some bogland and various large blocky coniferous plantations. Numerous steep sided V-shaped upland streams cut into the sloping hills sides with soil slips exposed in places. Small wind-swept native vegetation nestles in the valley bottoms alongside bubbling white water streams and some small waterfalls, with bracken and heather growing on the steep valley slopes.

Roads are single track with no delineation other than the occasional ditch or post-and-wire fence off the route of the TT race course, which has distinct and conspicuous road markings, signage and a variety of viewing stations. These road corridors form the only linear features in an otherwise continuous and monotone landscape.

Scattered remnants of former dwellings in the form of Sheilings, standing stones, hut circles, ‘intact’ farms and areas of former peat cutting, as well as remnants of field patterns expressed as overgrown

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and partially collapsed mountain hedges, serve to demonstrate historic land uses and the extent of former inhabitation of this upland area. Settlement today is in the form of isolated farm houses, often whitewashed or slate, with outhouses with corrugated iron roofs surrounded by groups of deciduous trees that form windbreaks.

The periphery of the Northern Uplands slopes steeply down to merge with the upper pastoral slopes of the Incised Inland Slopes Landscape Character Type that surrounds the Northern Uplands. On these upper slopes, coniferous plantations are surrounded by scattered and irregular grazing fields bounded predominantly. Various types of Manx hedges and slate stone walls in some areas. Hedgerow shrubs such as gorse and small thorn trees grow on these high Manx hedges to create narrow and enclosed lanes that run along the edges of the pastoral and upland areas. Away from the busy A-roads and the route of the TT Mountain Course, there is a strong sense of tranquillity and a remote unified character due to the sparsity of visible evidence of human presence with the exception of the prominent telecommunication towers on top of Snafell that form an Island wide landmark.

Key Views

• Panoramic and expansive views out to sea and across the whole Island from the summits.
• Distant coastal views enclosed by peaks from various points within the centre of the area. Historic Features
• Sheilings, hut circles and cairns
• Scattered Standing Stones and stone circles
• ‘Intack’ farms • Areas of peat cutting
• Victorian funicular and café on top of Snafell
• Remains of the ‘Mountain Hedge’
• Abandoned mine workings and quarries

Ecological Features

• Alpine Habitats on upper slopes
• Heather moorland
• Blanket bogs
• Upland streams with aquatic and riparian habitats
• Areas of native tree planting and low scrub in sheltered spots
• Marginal farmland habitats

Evaluation of Inherent Landscape Sensitivities

• Sense of tranquillity and remoteness
• Open and exposed moorland.
• Smooth, predominantly uninterrupted skyline.
• Extensive and panoramic views.

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• Sites of archaeological importance.
• Ecologically sensitive moorland ecosystem with some alpine habitats.
• Visible cultural heritage in the form of Sheilings, Standing Stones, ‘Intack’ (see 2.3.24) farms etc within the wider landscape setting.
• Sparse settlement in the form of isolated farms.

Landscape Strategy The overall strategy for the area should be to conserve and enhance the character, quality and distinctiveness of the open and exposed character of the moorland, its uninterrupted skyline and panoramic views, its sense of tranquillity and remoteness and its wealth of cultural heritage features.

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APL Planning Statement

Source & Provenance