DEC Decision Notice and Insp Report

CABINET OFFICE Government Office DOUGLAS Isle of Man IM1 3PN Tel (01624) 685280 Email: [email protected]

Our Ref: DF20/0002 Planning Application Ref No: 20/00854/B

Planning Secretary DEFA Planning & Building Control Division Murray House Mount Havelock Douglas IM1 2SF

Dear Mr Visigah,

THE TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

The Planning Inspector appointed by the Council of Ministers has now considered the application and submitted his report in accordance with statute.

On 27th May 2021 the Council of Ministers considered the recommendations of the Planning Inspector and determined to approve the application subject to the conditions specified below.

M. A. Low

Mr W Greenhow ACMA Chief Secretary

Date of Issue: 7th June 2021

PLANNING & BUILDING CONTROL RECEIVED ON 10 JUN 2021 DEPT OF ENVIRONMENT FOOD AND AGRICULTURE

Applicant:	Department of Environment, Food and Agriculture
Proposal:	Alterations and extension of existing car park to provide up to 100 car parking spaces
Address:	Southern end of Archallagan Plantation, Archallagan Road, Eairy

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.

1. There must be no discharge of surface water to the watercourses on the site during the construction period.

Reason: To ensure that the water course is not adversely affected by the discharge of harmful materials to the waterway.

Reasons for Approval

Approval is granted for the reasons referred to in Paragraphs 34 – 35, 38 – 40, 41 – 43 and 44 of the Inspector's report.

Note

This approval is made in accordance with Drawings Nos 4264200 02 Revision C, 4264200 11 Revision C and 42640 12 Revision C, received 20 November 2020.

In accordance with statute, please be advised that the decision of the Council of Ministers is binding and final.

All parties should note that there is no prescribed right of appeal relevant to the 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 faithfully,

Andy Johnstone Planning Appeals Administrator On behalf of the Chief Secretary

Crown Division Government Offices Douglas Isle of Man

14 May 2021

To the Council of Ministers

Case Reference DF20/0002 Planning Application 20/00854/B

Application by the Department of Environment, Food and Agriculture (DEFA) for planning approval for alterations and extension of existing car park to provide up to 100 car parking spaces, South End of Archailagan Plantation, Archailagan Road, Eairy, Isle of Man.

Procedure

1. I have the honour to report that I have considered the planning proposals described above and all the written representations made upon them. I have taken account of additional photographic information regarding the nature of the site, its surroundings, the three existing Archailagan car parks and the approaches to them. This has been provided by the Cabinet Office and agreed by those concerned with the application in the absence of a personal site visit by myself due to Covid19 restrictions. I consider that the Council of Ministers may safely proceed to decide the application on the basis of this Report.
2. The application has to be considered by the Council of Ministers, not the Planning Authority, because the site is owned by DEFA, of which the Planning Authority forms part. Accordingly, the application must be considered by an Independent Planning Inspector and the decision taken by the Council of Ministers under Section 16(1)(b) of the Town and Country Planning (Development Procedure) Order 2019.
3. The above description of the proposed development is taken from the DEFA Planning advisory report, as most succinctly indicating the content and location of the proposals.
4. For clarity, the application details were revised following initial submission and review by DOI Highway Services and the scheme now for consideration by the Ministers is shown on:

Revision C of Drawing Ref 426420011 - Location, Revision C of Drawing Ref 426420012 - Site Plans, and Revision C of Drawing Ref 426420002 - Proposed Layout

Site Description and the Proposal

1. The main part of the application site encompasses the existing Car Park 1 at Archailagan Plantation, off The Rocky Road track leading from

Archallagan Road. An additional area is included on The Rocky Road half way between Archallagan Road and the Car Park entrance.

1. It is proposed to enlarge and reconstruct the car park which is presently only large enough for a small number of vehicles. The extended car park would accommodate up to 100 cars. It is proposed to widen the approach along The Rocky Road and provide a 2.5 m by 10 m passing bay at the half-way point. The car park would be surfaced in gravel and laid out informally, without marked parking bays.
2. The works would include culverting to an existing watercourse crossing the site as well as post-and-rail boundary fencing.

Supporting Information from DEFA as Applicant

The material points are: Reasons for the Proposal

1. Archallagan Forest is increasingly the most visited public plantation on the Island, with nearly 600 respondents to the 2019 Visitor Survey indicating regular attendance. This is mainly for health and exercise, dog walking, mountain biking and horse riding.
2. There are three Archallagan car parks and they are regularly full at weekends. There is insufficient parking space for the frequent community events that take place. Much of this growing popularity stems from recreational developments over the last 10 years, creating a network of play parks and permanent bike, orienteering and nature trials.
3. Car Park 1 is the best choice of the three to expand due to its location at the south east corner of the Plantation and being the smallest but, most importantly, the nearest to the main Foxdale Road junction and therefore the most convenient for drivers.
4. The increased parking would alleviate pressure on narrow boundary roads, such as the single-track Eairy Kelly Road leading to Car Park 3.
5. The proposal fits in with the Forest Design Plans, including harvesting diseased larch in the area of the application site. This is necessary for public safety.

Responses to Representations by Residents (below)

1. For clarity, there would be no formal delineation of parking spaces, so as to provide for a wide range of user groups. The appearance and character of the car park would be very different from a hard-surfaced, urban parking area.

1. There is no evidence that the size of the car park would have a negative impact on the character of its setting or that it would deter visitors. The similar South Barrule Plantation car park provides evidence of this.
2. It is intended, within a year of the completion of the Car Park 1 improvements, to Close Car Park 3 for general use and to relocate the nearby play area closer to Car Park 1, obviating car trips to Car Park 3 by families.
3. With respect to the effect of the proposed development on wildlife management, the enlarged car park would take up only about $7 \%$ of the area of clear felling of diseased larch, the major part which will be replanted with native woodland species of benefit to wildlife. The development would not therefore detract significantly from the future biodiversity of the area.

Representations Received

The material points are:

1. Marown Parish Commissioners consider that the proposed car park would be far larger than necessary and that an area half the size should be adequate.
2. DOI Highways Division has no objection to the revised proposals, including the widening and passing bay on the approach road, commenting that junction visibility splays would be adequate and that appropriate road signs would be required under a separate technical approval and inter-Departmental agreement
3. DEFA Inland Fisheries have no objection subject to precautions to prevent harmful material entering the watercourse during the works, as the stream is known to contain fish populations.
4. The DEFA Ecosystem Policy Officer provides a review of local flora and fauna requiring awareness on the part of the developer but states no specific objection.
5. A Resident of Eairy supports extending the car park as it is clear that more parking space is needed but considers that it should be limited to half the size of that proposed in the interest of maintaining the peace and quiet sought by visitors. It is unlikely that the larger car park would alleviate pressure on boundary roads because Car Park 3 near Eairy Bridge is much used by parents and children visiting the nearby play area. Also, the enlargement of the car park would reduce the area available for replacement native replanting.
6. A Resident of Onchan points to existing traffic congestion between the Plantation and St John's, with concern that this would worsen as a result of the enlarged car park unless widening or more passing places were provided.

Advice from the DEFA Planning and Building Control Directorate

The material points are:

Planning Policy

1. In the 1982 Development Plan, the site is in an area of plantations owned by the IoM Forestry, Mines and Lands Board and is not designated for any type of development.
2. Development is resisted in such areas, other than for purposes defined in General Policy 3 (GP3) of the IoM Strategic Plan 2016 (IMSP). These include location-dependent development for the provision of necessary services or engineering operations essential for the conduct of forestry, or the interpretation of the countryside, its wildlife or heritage.
3. Environment Policy 1 (EP1) and EP4 of the IMSP together protect the countryside and its ecology and resist development that would adversely affect important species and habitats.
4. The IMSP generally supports Island tourism.
5. Transport Policy 7 (TP7) of the IMSP requires parking provision to adopted standards.

Assessment

1. The main considerations are the principle of the development and its impacts on visual amenity and on highway safety.

Principle

1. The use of the Plantation as a recreational facility supports a varied range of activities in line with the Government and IMSP objectives for a healthier population. The proposed car park would have a flexible layout to facilitate this use and would comply with general Government objectives as well as with the exceptional provisions of GP3 of the IMSP. The scheme would also promote tourism in line with the IMSP. The application is accordingly acceptable in principle

Visual Amenity

1. The application site is not readily visible from the adjacent highways, due to the screening of the site area by the trees within the Plantation. Whilst the proposed development would result in more cars coming to the area, it is not considered that its visual impact, when viewed from these highways, would be significant, given that the parked vehicles would be completely confined within the thick cluster of trees and shrubbery on the boundary of the parking area, even after the clear felling of the nearby area of larch. This would diminish visual impact such that the development would comply with EP1 of the IMSP to protect the countryside.

Highway Safety

1. The enlarged car park would avoid overspill parking on the narrow surrounding highways. Comments are noted that the car park need be only half the size proposed. However, the flexible layout would accommodate catering vans and forestry vehicles and occasional storage, reducing the need for further development in the Plantation. Moreover, the scheme has been brought forward in response to surveyed visitor numbers and is not speculative. The application complies with TP7 in providing adequate parking space in the interests of highway safety.

Other Matters

1. Application Ref PA 15/00462/B is material in that it was allowed for the extension to an existing car park and creation of a picnic area at Chibbanagh Plantation, Cooll Road, Braald on comparable grounds to the present case.

Assessment by the Inspector

Issues

1. I agree with the advice of the Planning Directorate that the main issues in this application relate to the principle of the development as proposed as well as its potential effects on visual amenity and highway safety.

Principle

1. The proposed car park would facilitate the improved public enjoyment of Archaliagan Plantation, as increasingly the most popular of such attractions on the Island. It is evident that its three existing car parks are often over-subscribed by visitors engaged in a wide variety of outdoor activities. The informal layout proposed would accommodate a range of user groups. The development would also support tourism.
2. In principle, therefore, the development would be acceptable in terms of general Government objectives to support tourism as well as with the exceptional provisions of GP3 of the IMSP, which include locationdependent development for the provision of necessary services or engineering operations essential for the interpretation of the countryside, its wildlife or heritage.
3. Notably, there are local comments from the Marown Parish Commissioners and residents that the proposed car park would be too large and would not alleviate pressure on Car Park 3 which attracts families to the nearby play area. However, this application is for determination for the detailed proposal as submitted, on an assessment of its planning effects in light of current planning policy.
4. Equally, the previous approval of a car park extension at Chibbanagh Plantation, cited by the Planning Directorate, has no direct bearing upon

this decision, which is for consideration on the individual merits of the case.

Visual Amenity

1. There is no doubt that the proposed car park would have a much greater impact on the site and its surroundings than the present much smaller facility. However, the development would occupy only a small percentage of the clear-felled area intended for new planting and its informal crushed stone surface would be in keeping with its rural location.
2. The car park would remain reasonably well-screened by surrounding trees from the nearby roads and the wider area. Moreover, the increased capacity of the car park would lessen the potential for visually intrusive random parking of vehicles on the highway verges.
3. Overall, I consider that the proposed development would avoid unacceptable visual impact and is to be regarded as essentially compliant with EP1 of IMSP to protect the countryside.

Highway Safety

1. The development would provide a passing bay on the access to the car park and would have the effect of avoiding or at least significantly reducing casual parking along the approach roads. Notwithstanding the greater size of the car park it would likely cater for many existing regular users and there is no clear evidence that it would generate such traffic as to cause additional congestion between the Plantation and St John's.
2. DOI Highway Services have no technical objection to the proposal, its layout or access visibility, subject only to separate agreement to traffic signs, and there is no contradictory evidence.
3. In the circumstances, the application is also essentially compliant with TP7 of the IMSP in providing necessary car parking space off the highway.

Other Considerations

1. There is no evidence that the development would detract significantly from the biodiversity of the area.

Conditions

1. Aside from the standard time limit for commencement, the Planning Directorate suggests two conditions. Suggested Condition 2 is clearly necessary to prevent pollution of the watercourse by avoiding discharge of surface water during the works. However, I do not consider that Suggested Condition 3 to restrict the use of the car park to patrons and staff would be enforceable; nor do I consider it to be necessary as it is to

be expected that users of the car park would invariably be doing so for the purpose of visiting the Plantation in any event.

Conclusion

1. For the reasons explained above, it is my conclusion that the proposed development should be approved.

Recommendation

1. I recommend that planning approval be granted for alterations and extension of existing car park to provide up to 100 car parking spaces, South End of Archallagan Plantation, Archallagan Road, Ealry, Isle of Man, in accordance with Drawings Nos 426420002 Revision C, 4264200 11 Revision C and 4264012 Revision C, received 20 November 2020, and subject to the following conditions:

C1: 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.

C2: There must be no discharge of surface water to the watercourses on the site during the construction period.

Reason: to ensure that the water course is not adversely affected by the discharge of harmful materials to the waterway.

B J Sims

Brian J Sims BSc CEng MICE MRTPI Independent Inspector