DEC Decision Notice

Manx FMTA Mr J Quayle Park View St Ninians Road Douglas IM2 4BE

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

In pursuance of powers granted under the above Act, and subordinate Orders and Regulations, the Department of Environment, Food and Agriculture determined to REFUSE an application by Manx FMTA, Ref 24/00358/C, for the Additional use of site as a Food festival with associated facilities and craft market for the period 27th May 2024 set up to the 8th June 2024 at St Ninians Church Grounds Ballaquayle Road Douglas Isle Of Man IM2 4BY for the following reason(s):

• 1. The proposed development is unacceptable because the application contains insufficient details and a lack of clarity in respect of the following:

• o Traffic management details, and a lack of information regarding both on and off-site parking provision;
• o Lack of adequate access details including access to St Ninian's Court, and St Andrew's Church;
• o An over-reliance on details provided by Manx Motorsport and an unclear relationship
• of the proposed site operations to them;

The proposed development would have an unacceptably adverse impact on occupants of the adjoining St Ninian's Court Residential Home for the over 50's, where many residents who are either elderly/inform or both, rely on easy access to their allocated car parking spaces and unfettered access to the public road network. The proposals is, therefore, contrary to the provisions of Polices SP1; ST4; ST8; GEN2 h) and i); T4 and T7 of the Isle of Man Strategic Plan 2016.

• 2. The proposed development is unacceptable because the Food Festival with associated facilities, including siting of Food and Craft Stalls, Portaloos, and Busker Music Stage would result in an adverse impact on the residential amenities of occupants of St Ninian's Court through noise and disturbance, food smells and odours; and, general litter when levels of disturbance are generally heightened during the TT Fortnight given the close proximity of the site to the TT Grandstand and associated facilities; and, activities carried out at Noble's Park which adjoins the site. This would be contrary to the provisions of Policies GEN2 g); ENV22 iii); and, ENV23 of the Isle of Man Strategic Plan 2016.
• 3. The proposed development is unacceptable because it would have an unknown impact on the existing offerings from the authorised TT Facilities on and around Nobles

• Park and that associated with the Permanent TT Grandstand complex, where there are significant food offerings available to serve visitors to this area. The site of the proposed development is located outside Douglas City Centre and the proposal fails to accord with the Department for Enterprise's City/Town Centre First Policy; and, Policies Business 9 and Business 11 contained in the Isle of Man Strategic Plan 2016.
• 4. The proposed development is unacceptable because it involves running a Food Festival, Craft Fair and associated development for the TT Fortnight period (27th May - 8th June, 2024) within the grounds of the Registered St Ninian's Church. This would be unduly harmful to the character and setting of this Registered Building contrary to the provisions of Environment Policy 33 in the Isle of Man Strategic Plan 2016 which advises: "The change of use of Registered Buildings will only be permitted if the proposed use is appropriate and any alterations associated with the change are not detrimental to its character as a building of special architectural or historic interest."

Date of Issue: 13th May 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.

Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain:

•  the grounds for making the appeal;
•  payment of the planning appeal fee (currently £335); and if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £125).

Where the appeal is submitted by the applicant they must:

•  specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and
•  Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance.

If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated.

An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal

If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application (should one have been received) may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.