Planning Officer Report

Application No.:	11/00459/C
Applicant:	Mr Andrew Clague
Proposal:	Additional use of agricultural land for recreational activities, extension to car park and formation of zorbing tracks
Site Address:	Ballakaighen Farm
Whitebridge Road
Onchan
Isle Of Man
IM4 6AD

Officer's Report

THIS APPLICATION IS TO BE DETERMINED BY COMMITTEE AS THE PROPOSED COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN

Summary:

1. The site is Ballakaighen Farm which is currently in mixed use, as a farm and leisure facility known as Laserblast. This application seeks approval for two additional forms of recreational activity, namely zorbing and as a maze. The proposal involves some reforming of the land and an extension to the existing car park. Although the proposed use is contrary to the Development Plan, it contains no new built structures in the countryside and would provide additional recreational facilities and is consequently recommended for approval.

Site

1. The application site forms part of the Ballakighen Farm which lies to the south of Whitebridge Road. It includes the existing access to the site and the car park that is used for Laserblast, the Funbarn and the seasonal marquee, all of which have planning approval. The land forming the application site stretches south to the tree-lined watercourse and extends eastwards as far as the site of a previous approval for paintball 'war games' (03/00729).

The application site excludes the existing farm buildings and the buildings which are already in use for recreational purposes, although they are within the same ownership.

1. The site is relatively open and is visible from the Whitebridge Road. The land level is at its highest nearest the road, falling away as it reaches the watercourse.

The proposal

1. The proposal is in three parts, the planting and use of a maize maze, the reforming of land and use of land as a Zorb run, and an extension to the car park.

1. The maize maze: The maize maze is retrospective. The maize is planted in a 4 acre field in May and is used as a maze for the summer months. The maize was harvested in November and used as cattle feed. The maze requires planning permission because its primary use is recreation rather than agriculture. In 2010 the maze was also used as a 'trailer ride of terror' for 4 or 5 nights about the time of Hop Tu Naa. This year the maize did not grow so well and was not used as a trailer ride. The maze usually opens at about 10.30 am and closes about 7pm from July to October.

Case Officer :	Miss Jennifer Chance
Photo Taken :	28.03.2012
Site Visit :	28.03.2012
Expected Decision Level :	Planning Committee

1. Zorbing: A Zorb ball is a large clear ball, designed to accommodate one or two people, that is allowed to roll down a hill, thus giving its occupants a 'ride'. This part of the application is also retrospective, having been in operation for 4 seasons. It is proposed to utilise two Zorb balls on the site, but the applicants state that usually they only use one at a time, it is only on large events that two are ever used. It is stated that so far, the Zorb balls have only ever been used a couple of times a year so far and need to be pre-booked. The Zorbs are blown up with an electric air-blower similar to that used for a bouncy castle. The Zorbs would not be used in winter. When deflated, the balls are kept in one of the sheds.

1. The car park: The car park is to be extended by about 580sqm and resurfaced. The works to the car park will include removing the top soil, laying hardcore and road scalping to the level of the existing car park. In order to extend the car park, some land level will need to be raised and this area will be retained by a low sod bank/hedge. The extended car park is designed to accommodate 77 cars, 2 coaches and 8 spaces suitable for either disabled drivers or minibuses.

Planning History

1. The application site has been the subject of a number of previous planning applications, the following of which are considered to be material to the assessment of the current planning application.

1. Planning application 03/00729/C sought planning approval for the change of use of agricultural land and barn for paintball games and indoor laser games at Ballakaighen Farm, Whitebridge Road, Onchan. This application was approved on the 28th November 2003.

1. Planning application 05/00326/B sought planning approval for the conversion of barns to an activity centre with car parking, drive widening and entrance alterations at Ballakaighen Farm, Whitebridge Road, Onchan. This application was approved on the 6th July 2005.

1. Planning application 06/00866/B sought planning approval for alterations to existing sludge pit and erection of a building to incorporate leisure facilities at Ballakaighen Farm, Whitebridge Road, Onchan. This application was refused on the 8th February 2007. A subsequent appeal against the refusal was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal refusal decision issued on the 24th July 2007.

1. Planning application 08/00454/B sought planning approval for the extension of the existing car park at Ballakaighen Farm, Whitebridge Road, Onchan. This application was approved on the 15th July 2008.

1. Planning application 08/01134/B sought planning approval for the erection of a marquee, toilet blocks and creation of decking at Ballakaighen Farm, Whitebridge Road, Onchan. This application was refused on the 30th September 2008.

1. Planning application 08/01403/C sought planning approval for the change of use of two fields from agricultural to recreational and location of a portacabin at Ballakaighen Farm, Whitebridge Road, Onchan. This application was refused on the 30th September 2008.

1. Planning application 09/01320/R sought planning approval for the creation of a toilet block at Ballakaighen Farm, Whitebridge Road, Onchan. The Planning Committee declined to consider the planning application on the grounds it was substantially the same as one (08/01134/B) refused in the previous five years.

1. Planning application 10/00838/B. this application sought approval for the seasonal erection of a marquee and portable toilet block to accommodate corporate functions and

events between 1 May and 30 September. The application was initially refused under delegated powers and an inspector recommended that the subsequent appeal be dismissed, however the application was approved by the Deputy Minister.

Development Plan policies

1. In terms of land use planning, the application site is located within a wider area of land that is designated as open space under the Onchan Local Plan Order 2000. There are no policies within Planning Circular 1/2000, which constitutes the written statement to be read in conjunction with the local plan, that are considered specifically material to the assessment of the planning application.

1. In terms of strategic planning policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of the planning application:

General Policy 3 states:

"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 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 states:

"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 overriding 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."

Representations

1. Highway Division: The Highways Division requested an assessment of the traffic impact of existing use and proposed use. After some time a study was submitted. The information supplied does not assess future traffic generation and merely states the number of vehicles which currently travel to the Fun Barn. However, the Highways Division did feel that they could make an assessment based on the information that they have.

1. The existing facilities provide 64 to 74 car parking spaces depending upon the use of coach spaces and the successful management of the car park. This number of spaces and the existing access arrangements have safely supported the activities of the laser blast and soft play area (maximum capacity 24 laser blast and 25 soft play participants).

1. The new proposal provides 19 additional car parking spaces (Total 85 to 93 spaces depending upon the use of coach spaces). This number of car parking spaces is adequate to support the low number of participants at a particular time for the Zorbing and Maize Maze activities on the scale proposed. However, the use of this area for paint balling when the other attractions on the site are in full use will result in parking occurring on the access road.

1. The volumes of traffic visiting this development for the existing and proposed activities would not usually create significant congestion on the adjoining public highway. However, the increased traffic associated with large team activities will increase queuing on the main road for traffic turning right into the development entrance because advanced forward visibility is restricted by a crown in the road directly adjacent to the entrance.

1. In conclusion, the Highways Division object to the development if team paintballing takes place because in the absence of information from the applicant it is assumed teams of more than 10 participants will take part in this activity which will exceed the parking provide for the existing uses and proposed use. In addition congestion on the main road between Douglas and Laxey is likely to become a problem when vehicles turn right into the development.

1. However, the Highways Division would not oppose the extension of the activities and car parking facilities to support the maze and zorbing on the scale proposed by the applicant.

1. Onchan District Commissioners recommend that the application be approved.

1. The occupants of Sunnyside, Whitebridge Road: The application would be contrary to the provisions of the land use designation under the Onchan Local Plan Order 2000 and the provisions of the Strategic Plan. Permission has already been refused on this basis. Once permission is given it would not be possible to limit the activities to those approved and there is concern regarding other recreational activities the site could be put to, such as the suggestion of an outdoor form of lazerblasting. The Trailer Ride of Terror caused concern as they were held late into the evening with older participants who were frequently drunk and whose presence waiting for buses and taxis on the main road outside Sunnyside was intimidating.

1. The car park has replaced grazing land and the fact that an extension is necessary highlights the fact that the enterprise is outgrowing its resources and gives an indication of the amount of traffic flow through the access point which is still arguably unsafe. The car park is highly visible and the size of the extension is greater than anticipated. This would result in an even greater eyesore and more traffic. If there is to be more lighting it would be even more intrusive than at present. The Planning Authority have stated previously that it is against unjustified development in the countryside and that the protection of the countryside is a legitimate planning objective.

Assessment

1. The 2003 planning approval effectively granted planning permission for use of the land for recreational purposes. This application seeks to extend the dedicated of recreational use to include all of field 531403 rather than part of it.

1. Whilst the planting of maize itself is not 'development', the planting of it with the purpose to form a maze is a change of use of land. As the area of land to be used for zorbing is within the area that was previously approved for recreational purposes permission is not needed for the use, but it is needed for the formation of the zorb run. This work has been carried out.

1. There are three issues to consider as part of this application: the principle of development, the impact on neighbouring properties and highway implications

Principle of Development:

1. Environment Policy 1 and General Policy 3 seek to protect the countryside from harmful development. No building work is proposed by the application, and the physical operations are limited to extending the car park and forming the zorb run. The zorb run is visible from A11 and is clearly man-made, however it is not entirely obvious and it is not considered that it detracts from the amenities of the area. The maize is a form of crop and as such is not an unexpected sight on a farm. Consequently neither of these elements of the proposal are unduly harmful to the countryside.

1. The proposed extension to the car park is development that could be said to detract from the amenities of the area. The car park is quite sizeable and does not appear to be fully used. The extension of the car park involves the building up of the land by using inert material and is near to a watercourse. DEFA have been contacted and they are satisfied that the proposal is acceptable. The car park is visible from the A2, but only really detracts from amenities when vehicles are parked upon it. The area where it has been built up is not overly visible from any location. The balance is to ensure there is sufficient parking to prevent any parking on the highway and access road whilst ensuring that any development does not have an unacceptable impact on the environment. Given that the Highways Division have some concerns about the whether the capacity of the car park is sufficient and there is little impact on the surrounding area it is considered that the extension to the car park is acceptable.

1. There is potential that some landscaping could help mitigate the visual impact of the car park and a condition has been suggested to this effect.

Impact on Neighbouring Properties:

1. The neighbour's objections are three-fold. Firstly the principle of development, which is addressed above. Secondly the visual impact of the development, which is partly addressed above. The objector raises concerns regarding night time lighting of the car park and this is a legitimate concern. There is no lighting in the car park at present and the application does not propose any. However, it is prudent to impose a condition to state that there shall be no lighting without the submission of an application. The third concern is regards the impact of nuisance created by visitors to the facilities.

1. There is no doubt that the visitors cause a certain amount of unwarranted and unacceptable noise and disturbance, particularly when waiting to be picked up or waiting for the bus on the main road. Much of the disturbance is as a result of the use of the marquee which has received approval, but also from use of the maize maze. Given that the site has permission for recreational use, the additional activity is unlikely to increase the disturbance much greater than already occurs.

1. The approval for the paintball games contained no condition restricting the hours of use, but the approval for the activity centre in 2005 had a condition restricting the use of the building to between 11am and 6:30 pm Monday to Saturday with no use of the building on a Sunday. A similar condition preventing use after a certain time of day could help mitigate the likelihood of drunken and intimidating behaviour.

Highway Implications:

1. As stated earlier, the Highway Division would have concerns if all activities occurred at the same time. The applicant has stated that the paintballing would occur in the same field as the zorbing, so these two activities could not take place at the same time. However, the maze could be in operation at the same time as paintballing which could result in a large number of people. The applicant has agreed to a condition stating that these two activities may not occur at the same.

Party status

Onchan Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered an "interested person" and as such should be afforded party status."

The occupants of Sunnyside, Whitebridge Road are directly opposite the entrance to the site and should be afforded party status.

The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation:

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. This permission relates to the use of the land for recreational facilities, extension to car park and formation of zorbing tracks shown in drawings received on 27 September 2011 and 18 October 2011 referenced : AC-AF 1; AC-AF 2, AC-AF 3; AC-AF 4 and AC-AF 5.

C 2. There shall be no external lighting on any part of the site without the submission of a planning application seeking its approval. C 3. Use of the site as a maize maze or for zorbing shall not occur later than 6.30pm on any day. C 4. There shall be no paintballing activities when the maize maze is in use.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : ... Committee Meeting Date :

Signed : ... Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO