Lucy Kinrade Senior Planning Officer Date 23.12.2024 PA No: 24/00154/B Proposal: The addition of a fifth container and widened walkway (retrospective) and the variation of Conditions 2 and 4 of PA 22/00757/B, to retain elements of spectator facility on site and in situ Address: Land Adjacent To Glen Moar Mill And Field 315139, Glen Helen Road, Laurel Bank, St Johns, IM4 3NN Please find a statement that sets out the position of the Department in respect of the above planning application.
The application was determined by the Planning Committee on 25th November 2024. This statement relies upon the Planning Officer’s original report which is online and forms part of the planning file and the minutes from the Planning Committee meeting which are provided at the end of this statement.
The enclosed statement comprises the following parts:
4. Appendix 4 – 21/01316/B - Agenda and Committee Minutes for Original Permanent
5. Appendix 5 – 21/01316/B - Agenda and Committee Minutes for Revised Temporary
6. Appendix 6 – 22/00757/B - Agenda and Committee Minutes
In the event that the appointed Planning Inspector is minded to recommend that the application be approved, then the four-year expiration condition should be attached along with consideration to any potential conditions included at 4.0 of the Statement of Case.
Yours sincerely,
Lucy Kinrade
Appendix 1 – Statement of Case
STATEMENT OF THE Department of Environment, Food and Agriculture Planning & Building Control Directorate
Planning statement on behalf of the Department relative to:
The addition of a fifth container and widened walkway (retrospective) and the variation of Conditions 2 and 4 of PA 22/00757/B, to retain elements of spectator facility on site and in situ
Land Adjacent To Glen Moar Mill and Field 315139, Glen Helen Road Laurel Bank St Johns IM4 3NN PA Reference: 24/00154/B Prepared on behalf of the Planning Department by Lucy Kinrade Senior Planning Officer
1.0 Appeal against refusal PA 24/00154/B
1.1 The reasons for refusal:
R1. There is no overriding national need for the facilities on a permanent basis, while their siting for a temporary periods may be acceptable to meet the racing needs, the structures are of significantly poor visual quality which does not make a positively contribution to the Island and negatively detracts from and results in a unwarranted development in the landscape on a permanent basis harming the character and appearance of this tranquil glen and rural setting in the countryside contrary to Strategic Policies 1, 2 and 5, General Policy 3, Environment Policies 1 and 2 of the IOM Strategic Plan 2016.
R2. The application fails to provide sufficient flood risk information to meet Environment Policies 10 and 13 of the IOM Strategic Plan 2016.
2.0 Legal and Policy Position
2.1 In accordance with S10 of the Town Country Planning Act the application has been considered;
S(4) In dealing with an application for planning approval or an application under subsection (3), the Department shall have regard to —
(a) the provisions of the development plan, so far as material to the application; (ab) any relevant national policy directive under section 2A;
(b) any relevant statement of planning policy under section 3;
(c) such other considerations as may be specified for the purpose of this subsection in a development order or a development procedure order, so far as material to the application; and
(d) all other material considerations.
There is a statutory duty to take into account the above, and while it is recognised that weight to be given is a matter for the decision maker.
2.2 It shall be noted that the Isle of Man Development Plan and other Adopted Policies do not have primacy as they do in the UK. The Isle of Man is also different from the UK as there is no presumption in favour of development as set out in the NPPF, and there is no 5-year land supply requirement.
2.3 In this application, the most weight has been given to the Strategic Plan and the 1982 Development Plan as they have been through a statutory process, which includes evidence base and public consultation process, and are adopted by Tynwald. Considerable weight has also been given to Flood Risk Management Act 2013 and Our Island, our Future Visitor Economy Strategy 2022-2032 both which have been through similar process and approved by Tynwald.
2.4 Other material considerations referred to in the officer report include the Landscape Character Assessment 2008 (LCA2008) and Manual for Manx Roads (MfMR). Although neither were formally adopted by Tynwald both were subject to public consultation and adopted by Ministers of those Departments at that time. The LCA2008 is considered to have material weight. But little consideration was given to the MfMR minded that the scheme did not seek to make any changes to highway matters beyond previous approvals on the site.
3.0 Reasons for Appeal
3.1 This report addresses those issues directly raised in the reasons for appeal. For the full assessment of the initial application please refer to the original case Officer’s Report on the application file.
3.2 Reasons for appeal as stated in the appellant’s document are:
i. gave insufficient weight to the Island’s economic strategy and overriding national need for investment in the TT’s future;
ii. did not consider the confined context, the historical development of local topography, nor their combined mitigating effect;
iii. disregarded extant, government-led countryside interventions that are materially identical to the proposal’s prominent elements;
iv. summarily ignored submissions concerning the practicability or reasonableness of PA 22/00757/B Conditions 2 and 4; and
v. misdirected itself regarding Environment Policies 10 and 13.
4.0 Response to Reasons for Appeal
4.1 The following responses are provided in the same order and numbers as listed above for ease of review and comparison:
i. Recognition was given to Our Island, Our Future - IOM Visitor Economy Strategy 20222032 in sections 5.2 as well 7.1 – 7.4 of the original officer’s report.
ii. Visual impact is covered in the officer’s assessment at section 7.0 of the original officer’s report. Not forgetting those previous applications referred in 3.0 of the officer’s report. Permanent approval was initially sought as part of 21/01316/B and this was presented to planning committee with a recommendation to refuse including on visual impact grounds. The applicant chose to defer that application to reach a more positive outcome and changed it to a ‘temporary’ facility for the racing periods only. The planning officer reports and minutes for those meetings and associated officer reports are contained in Appendix 4 and 5.
iii. There are no specific details provided for the government led interventions as mentioned and so no further information can be provided in response to this part at this stage. If more information is forthcoming a response could be provided.
iv. Conditions 2 and 4 of 22/00757/B were added to ensure the spectator facilities and the associated equipment and paraphernalia (which was only being allowed for and approved on an exceptional basis for a specific time period) was properly removed from the entire site. The reasons for each condition are listed in each one as per the decision notice and make clear that they were added to ensure the visual amenity and countryside landscape was protected.
v. Environment Policies 10 and 13 and the impact of the proposal now being on a permanent basis is dealt with at section 7.7 of the officer’s report.
5.0 Potential Conditions
5.1 In the event that the Inspector is minded to recommend approval it is recommended that consideration be given to the below matters and conditions listed. Although this does not alleviate the original and continued concerns that the proposals appears ‘a quick win’ poorly design temporary facility that is clearly visible from the road and public views and has a significant adverse negative visual impact on the streetscene and rural area. It’s clear that the adjacent areas in the applicant ownership have been previously approved for tourism related development, but in comparison those schemes for permanent proposals and conversions are of better quality and design or considered essential (marshals facilities) to ensure the racing events go ahead.
5.2 The application is advertised as “The addition of a fifth container and widened walkway (retrospective) and the variation of Conditions 2 and 4 of PA 22/00757/B, to retain elements of spectator facility on site and in situ.” The 5th container is understood to be for storage and is already on site albeit differing to the position shown on submitted plans and so the standard 4 year condition would be necessary to allow for its moving in line with the plans and of course the other new works being undertaken such as the widened walkway. Paragraph 7.2.2 of the applicants original design statement states “the containers will be retained outside of the Events, even if the bleacher seating must be stored elsewhere on the Site, out of public view, and it is proposed that Conditions 2 and 4 be varied accordingly”. This has been addressed in the following conditions and in trying to best limit the spectator paraphernalia left strewn across the site and its storage out of sight.
5.3 The Inspector/Minister will have to give consideration to a Reason for Approval
5.4 Conditions for consideration are:
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. This approval relates to the permanent siting of five containers and walkway platforms and their associated supports only as shown in drawing 100.10 Rev X and 100.02 Rev X. All bleacher spectator seating and associated railings may be erected no sooner than two weeks before the first practice of TT and may remain until two weeks after the last race of the Festival of Motorcycling in the same calendar year as shown in drawing details 100.10 Rev X annotated ‘SOUTH ELEVATION (Bleacher Seating Disassembled and Removed)’. Reason: The application has been assessed on this basis as set out in the submitted detail and the removal of the seating and rails will help towards reducing some of the adverse visual impact on the appearance of the countryside over the winter months and those parts of the spectator facilities not required outside of the racing season.
C3 has been replicated from the previous approval 22/00757/B but amended to be clearer for flexibility of any possible set up prior to being open for use by visitors and customers to the site
C3. The use for food and drink purposes shall be restricted to two containers only as labelled ‘catering’ and ‘bar’ as per the plan on drawing 100.10 Rev X and their use may only be available to visitors and customers no sooner than one day before the
first practice associated with the TT races and up to one day after the last race in that event, and no sooner than one day before the first practice of the Festival of Motorcycling and up to one day after the last race in that event. No approval is granted for any food and drink purposes outside of these periods nor for any period in between the two events. Reason: To clarify the extent of the planning approval and in the interest of the protection of the countryside.
C4. No approval is granted to any other works except those listed in C2 above. Reason: For the avoidance of doubt as the application does not include for any artificial grass, shelters or large canopies.
C5. This condition has been replicated as the originally approved scheme was not implemented.
C5. The site highway layout, access and egress shall be carried out in full accordance with drawing number 100.02 Rev X prior to the first use of this approval and retained as such thereafter and visibility splays as shown in drawing numbers 100.03 Rev X and 100.04 Rev X kept permanently clear of obstruction above 1.05m. Reason: In the interest of highway safety.
C6. This condition has been replicated as the originally approved scheme was not implemented.
C6. The access lane (between the hardstanding and field) shall be surface finished in a bound material for the first 6m from the edge of the highway and retained as such thereafter. Reason: In the interest of highway safety and to avoid loose material from entering the road.
APPENDIX 2 – Site Photographs
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A photograph showing a roadside area with temporary structures, including a raised platform with railings and container-like units, set against a wooded background.A photograph showing a row of grey shipping containers built into a hillside with wooden decking, retaining walls, and artificial turf.
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A photograph showing a rural roadside site featuring a white building and a grey structure set against a dense forest background.A roadside photograph showing a row of shipping containers and wooden posts next to a paved path, with a white building and forest in the background.
Item 5.3 Land Adjacent To Glen Moar Mill And Field 315139 Glen Helen Road Laurel Bank St Johns Isle Of Man IM4 3NN PA21/01316/B
Temporary siting of four storage containers (for food and drink), platforms, scaffolding and spectator seating during the Isle of Man TT and the Isle of Man Festival of Motorcycling races
Applicant : Rockfell Limited Case Officer : Miss Lucy Kinrade Recommendation : Permitted
APPENDIX 4 – Agenda and Committee Minutes 21/01316/B for Original Permanent Scheme
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Item 5.3 Land Adjacent To Glen Moar Mill And Field 315139 Glen Helen Road Laurel Bank St Johns Isle Of Man IM4 3NN PA21/01316/B
Temporary siting of four storage containers (for food and drink), platforms, scaffolding and spectator seating during the Isle of Man TT and the Isle of Man Festival of Motorcycling races
Applicant : Rockfell Limited Case Officer : Miss Lucy Kinrade Recommendation : Permitted
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APPENDIX 5 – Agenda and Committee Minutes 21/01316/B for Revised Temporary Scheme
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Item 5.6 Land Adjacent To Glen Moar Mill And Field 315139 Glen Helen Road Laurel Bank St Johns Isle Of Man IM4 3NN
PA22/00757/B
Variation of Condition 2 to PA 21/01316/B to retain spectator facilities in situ for the interim period between the Isle of Man TT races and the Isle of Man Festival of Motorcycling and to extend, from one week to two weeks respectively, the periods in which the facilities are erected and dismantled
Applicant : Rockfell Limited Case Officer : Mr Richard Boyt Recommendation : Permitted
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APPENDIX 6 – Agenda and Committee Minutes 22/00757/B
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ONLINE LINKS
Quick links to online applications where full officer report and final decision notices can be found:
PA 21/01316/B Temporary siting of four storage containers (for food and drink), platforms, scaffolding and spectator seating during the Isle of Man TT and the Isle of Man Festival of Motorcycling races
PA 22/00757/B Variation of Condition 2 to PA 21/01316/B to retain spectator facilities in situ for the interim period between the Isle of Man TT races and the Isle of Man Festival of Motorcycling and to extend, from one week to two weeks respectively, the periods in which the facilities are erected and dismantled
PA 24/00154/B The addition of a fifth container and widened walkway (retrospective) and the variation of Conditions 2 and 4 of PA 22/00757/B, to retain elements of spectator facility on site and in situ
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