Planning Report and Recommendations

Application No.: 09/01606/R Applicant: Douglas Borough Council Proposal: Retention of tarmaced area Site Address: Land Adjacent To Nobles Park Pavilion Nobles Park Douglas Isle Of Man ### Considerations Case Officer : Ms Henrietta Hopkins Photo Taken: 30.11.2009 Site Visit: 30.11.2009 Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee : Highways Division Notes : Do not oppose Consultee : Douglas Corporation Notes : no objections.

Officer's Report

The Site

The application site represents Nobles Park located in Douglas. To the north of the site is the public highway Glencrutchery Road and to the southeast a pavilion and south west a bowling green. To the east is a large tarmac area and beyond that an access road leading to the Isle of Man Police Headquarters.

The Proposal

The applicant has put in a retrospective planning application to maintain the existing tarmac area in Nobles Park. The applicant has commented on the retrospective application as follows: "The tarmac area was installed in May 2008. Due to the work of the pavilion and weather conditions the area has become eroded. The tarmac was laid to give access to the field for the parks department maintenance equipment (e.g. tractors and ride on mowers), as well as access onto the overflow paddock area during TT and Manx Grand Prix events. The area should never have been used as a car park and the lines have been removed and a removable chain and posts have been put in place to stop people parking in this area."

The tarmac area has a maximum length of 19.5 metres and a width of 14.3 metres. The area, subject of this application is located to the north west of the bowling green and north east of the pavilion.

PLANNING STATUS

The application site is located within 'Public Open Space' in the Douglas Local Plan Order 1998. The Isle of Man Strategic Plan 2007 contains a policy which is considered specifically material to the assessment of this current planning application - General Policy 2 and Recreation Policy 2.

General Policy 2 of the Isle of Man Strategic Plan states the following:

"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;

• (h) 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."

Recreational Policy 2 states the following:

"Development which would adversely affect, or result in the loss of Open Space or a recreational 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 recreational facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area."

PLANNING HISTORY

The property has had two previous planning applications submitted which are considered to be relevant to this proposal:

• 06/01995/B - Creation of vehicular access and laying of turf reinforcement mesh to provide temporary car park, to be used during major events - Refused at Appeal - 7th August 2007

• 07/02247/B - Creation of car park (REFUSED at appeal), paving of roads and paths, formation of new pedestrian entrance, rebuilding of stone entrance piers and erection of metalwork arch (APPROVED at appeal) - Decision split at Appeal (AP08/0055) - 31st July 2008.

3 December 2009

Assessment

The application site is located as 'Public Open Space' in the Douglas Local Plan 1998. Given the nature of the proposed development it is therefore appropriate to assess the proposal against the policy identified earlier within the report (i.e. General Policy 2 and Recreational Policy 2 of Isle of Man Strategic Plan 2007).

There are therefore two key issues in the determination of the application. These are (a) the principle of development and (b) the visual impact of the proposed development within the locality.

In respect of the principle of the development, the application site is zoned as public open space in the Douglas Local Plan 1998. This application seeks retrospective planning permission for a tarmac area which was installed in May 2008. The reason for this tarmac area is highlighted by the applicant: "The tarmac area shown on plan BE\&S/09/057/1002 was installed in May 2008. Due to the work to the pavilion and weather conditions the area has become eroded. The tarmac was laid to give access to the field for the parks department maintenance equipment (e.g. tractors and ride on mowers), as well as access onto the overflow paddock area during TT and Manx Grand Prix events. The area should have never been used as a car park and the lines have been removed and a removable chain and posts have been put in place to stop people from parking in the area."

The tarmac area is said to be used to give access to the field by tractors and ride on lawn mowers although it has been used for a car park. The applicant has seeked permission for car parks within this area of open space previously. Of particular importance is an application that was submitted in 2007 for the creation of a car park which was refused at appeal. The 2007 application (07/02247/B), which was situated on what was formerly a children's play area, was slightly larger than the existing tarmac area subject of this application. The car park on the former children's play area was refused permission at appeal for the following reasons:

1. The proposed car parking would be contrary to Recreational Policy 2 of the Strategic Plan 2007 since it would result in as loss of Open Space for recreational purposes; and
2. The visual impact of the car park would be unacceptable in this part of the park.

Prior to the refused application, another application was submitted in 2005 (P/2005/ 01995/B) for a temporary car park within the playing field with access of St Ninians Road. The application was refused permission on the following grounds:

1. The proposed temporary car park would be contrary to the Douglas Local Plan 1998 in that insufficient justification has been submitted to support the introduction of a temporary car park into an area of Public Open Space.
2. The proposed temporary car park would have a degree of semi-permanence as a car park within an area of Public Open Space. This would impact on the overall setting of the open space and will impact on the visual amenities of the locality.
3. The proposed vehicular access is considered to be too close to the junction of Laurenton Grove. The proposed access needs to be offset by 25 from the junction in order for the access not to prejudice highway safety.
4. The works required to implement the development will unacceptably harm the mature trees within the surrounding application site. The loss of such trees would be regrettable within the area.

The planning history of a site is a material planning consideration in the determination of applications, especially with inspector's decisions which normally occurs more weight. The two refused applications although not proposed in the exact location as the retrospective planning application were both zoned as Public Open Space and refused on this basis. The site, subject of this application is also zoned as 'Public Open Space.' To allow the development would result in the loss of Public Open Space, as the area would become a permanent car park. It is difficult to understand why the applicants have tarmaced over this area, which has been used as a car park, but is said to be for the use of tractors and lawn mowers, as well as access onto the overflow paddock area during TT and Manx Grand Prix events. I do not see any reasoned justification for warranting this tarmac area to

be located within an area of Public Open Space. The Open Space could already be accessed via tarmac leading to the pavilion; surely each time an area becomes eroded it should not be replaced by tarmac to overcome the issue. Furthermore, it is considered that there is sufficient space already within the park and dedicated car park behind the rear of the TT Grandstand to accommodate vehicles without the need to encroach into an area of public open space.

In respect of the visual amenities of the area, the car park is well screened by building and substantial landscaping screen; however, there are breaks in the landscaping that allows for pedestrian and vehicular users to view the car park. When viewing from footpaths, users of the park will be able to see the tarmac area. It is therefore considered that the proposed car park would appear out of place in the context of the park to the detriment of the visual amenities of the locality.

In conclusion it is considered that the proposed development should not be approved retrospective planning permission. The site is zoned as 'Public Open Space' in the Isle of Man Strategic Plan 2007. The site would adversely affect the visual amenities of the locality and it is considered that the need for this tarmac area is not sufficient to over-ride the planning policy. No alternative provision has been provided for this loss of space and the site will not provide any community benefit. The proposed development would thus be contrary to Recreational Policy 2 of the Isle of Man Strategic Plan 2007 and is therefore recommended for refusal.

REPRESENTATIONS The Department of Transport have made no objections to the proposal. Douglas Corporation has raised no objection to the proposed development. RECOMMENDATION

Permitted

PARTY STATUS

It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:

• The Department of Transport Drainage Division
• Douglas Corporation

Recommendation Recommended Decision: Refused Date of Recommendation: 03.12.2009 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

3 December 2009

R 1. The proposed tarmac area would be contrary to Recreational Policy 2 of the Strategic Plan 2007 since it results in the loss of Open Space for recreational purposes.

R 2. The visual impact of the car park would be unacceptable in this part of the park.

I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made : Refused Date : 12.09.2009 Signed : 1 Senior Planning Officer