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Application No.: 24/00358/C Applicant: Manx FMTA Proposal: 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 Site Address: St Ninians Church Grounds Ballaquayle Road Douglas Isle Of Man IM2 4BY Site Visit: 31.05.2023 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 29.04.2024
Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
Reason: The application is for the use of the site for the TT 2024 motorcycling events only and the assessment has been made on this temporary basis. While provision should be made for setting up and dismantling the site, the site should not be used for the permitted purposes outside those times reasonably associated with these race periods.
Reason: To ensure that the Registered Trees on site are adequately protected prior to and during the event.
The development shall be carried out in accordance with the following plans and details: Covering letter stamped received 21 March, 2024; Events Timetable Plan stamped received 21 March, 2024; Site Location Plan showing the site edged red @: scale 1,000;
Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are mentioned in Article 4.2:
3 St Ninian's Court, Douglas, Isle of Man, IM2 4BY
as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2021).
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions that relate to planning considerations:
Isle of Man Government - Department for Enterprise
THE APPLICATION IS PRESENTED TO THE PLANNING COMMITTEE DUE TO NUMBER OF OBJECTIONS RECEIVED
1.0 THE SITE - 1.1 The application site comprise part of St Ninians Church Grounds located at Ballaquayle Road, Douglas. The church lies at the junction of, and to the south of the A2 Glencrutchery Road and east of Ballquayle Road, while the A2 continues in a south-westerley direction along Bray Hill. It is bounded to the south by St Ninians Road. The A2 in this location is some 400m to the south-east of the Start/Finish line and Grandstand for the Isle of Man TT course. The site is bounded by Nobles Park to the north-east which during TT fortnight is used for vehicle parking and, race facilities and hospitality.
2.0 THE PROPOSAL - 2.1 The full planning application proposes 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". In a letter accompanying the application, the 'Headline Vision' is that "The Isle of Man Food and Drink Festival be re-imagined as the definitive food and (non-alcoholic) beverage destination for TT visitors that celebrates Manx produce and hospitality." - 2.2 The opening hours and programme of events would be built around the race schedule and would include local crafts fairs and entertainment. . The core offer would be the food and beverage village, consisting of a 12 m x 9m open-sided marquee, encircled by Manx food trucks and street food vendors offering a wide selection of foods and non-alcoholic drinks celebrating local produce. In addition, the proposals involve on the lower half of the site at St Ninians Road: o Pop-up foodies and local craft markets with a varying number of stalls each day contained in - 3m x 3m gazebos
2.3 In terms of site presentation, the site will be set up to deliver a welcoming, open and, permeable site with a flow around it directed by temporary signing used to face the road and way finding signage at the entry points. Fenced off car parking will be provided at the side of the Church, away from the market will be provided for traders. Seven porta-loos will be provided next to the church for use by site visitors and will be serviced regularly by the provider. - 2.4 The event is run by the Manx Food Market Traders Association (Manx FMTA) which would also manage branding, marketing and promotion of the event. The Manx FTM's objective is to enable as many local food and drink businesses to capitalise on the TT Visitor's spend by providing an accessible, flexible and affordable opportunity to trade with minimum fixed overheads and shared marketing and promotional resources. - 2.5 The application is accompanied by:
3.1 The site is located within the settlement boundary for Douglas. It does not lie within a Conservation Area. There are Registered Trees on the site and St Ninian's Church is registered Building. - 3.2 In considering the application the flowing Policies contained in the Isle of Man Strategic Plan 2016, are considered to be of relevance: Strategic Policies ST1, ST4, ST8, ST10, General Policy GEN2, Environment Polices ENV3, ENV5, ENV6, ENV22, ENV23, Business Policy 11, and; Transport Policies T4 and T7. - 3.3 In the Area Plan for the East (adopted in 2020), the site is shown on Proposals Map 4 Douglas - as being allocated for: "Buildings or Land for Civic, Cultural or Other Use".
4.1 There is no planning history of direct relevance to the proposals outlined in this planning application. - 5.0 REPRESENTATIONS
5.1 DoI Highways Services response to the application received 3/4/24 advises:
"Although Highway Services are not opposed to the application in principle, it has been brought to our attention that the proposals for 24/00358/C could cause traffic issues if visitor parking is not managed correctly. I have been told the following traffic management will be undertaken for this years TT event:
The DOI and Highway Services would like to understand how the applicant plans to manage the traffic entering / leaving St Ninian's Church, and whether visitor car parking will be discouraged/prohibited on the site, whether visitors to the site will only be expected to arrive by foot as part of the wider TT festival area, and whether a marshal(s) will be at the site access to control vehicles entering and exiting the site during the whole event period? Any other proposed traffic management information for the site during the whole event period would be welcomed."
DOi Highway Services (23/4/24) comments on (REPRESENTATIONS ON BEHALF OF THE APPLICANT) in paragraph 5.4 below advises:
"Taking into account of the additional information from the Applicant below, Highway Services HDC continue to not oppose the application. I would advise the Applicant to keep in touch with the TT organisers to live monitor/manage access and parking issues on their site alongside the TT management in the area."
5.2 Environmental Health Unit (19/4/24) comments as follows: "I can confirm that I met with the organiser of the Food Festival yesterday (18/4/24).
Plans for the event are ongoing and at this stage I do not have any comments with regards to food safety at the event.
I have noted from reviewing the neighbour representations that there are concerns regarding noise and odour arising from the event.
At this stage, I would note that due to the nature, location and duration of the event (being during TT) any noise or odour is not likely to amount to a statutory nuisance under the legislation that we enforce."
5.3 DoI Forestry Team (23/4/24) comments as follows: "Please see below the summary of my meeting about the TT Food Festival this morning, I believe James will be submitting the updated plan as requested. Given the layout of the site and the nature of the proposal, the risk to trees is fairly low and the proposals below will sufficiently reduce the risk to an acceptable level. Could you please let me know when you receive the updated plan.
"Hi James, Further to our site meeting this morning, please find below the agreed tree protection measures which will need to be supplied to the Planning Department in the form of an updated site plan:
I will gladly look over any updated plans prior to submission. I will request to the planners that, should the application be approved, the measures are made a condition of approval."
5.4 Fourteen letters of objection to the proposed development have been received. The objections raise are summarised as follows:
5.5 REPRESENTATIONS ON BEHALF OF THE APPLICANT - received 22/4/24.
(In their comments DoI Highways expressed concern that that the proposals could cause traffic issues if visitor parking is not managed correctly, and have made the following requests (in brackets and italics below) for further information: "(The DOI and Highway Services would like to understand how the applicant plans to manage the traffic entering /leaving St Ninian's Church, and whether visitor car parking will be discouraged/prohibited on the site,)"
Applicant's response: "There will be no parking onsite for visitors to the Foodies Village - signage has been prepared for the only entrance off St. Ninians Road - of the same dimensions as DOI road closure signs.
This will also be re-enforced on our social media platforms and printed promotional materials as well as through our media partner channels. Parking for traders is provided in a designated and fenced off area as identified on the site plan in the planning application - traders will be arriving either early morning or midday. Parking permits will be given to traders (and church users on the Sunday for the allotted spaces) We will also liaising with St. Andrews Church who access their parking during road closures, through the grounds of church - proposing a parking permit scheme for their team"
(whether visitors to the site will only be expected to arrive by foot as part of the wider TT festival area,)
"We believe that 90% of our footfall will be from traffic driven by the grandstand attraction - which should be covered in the organisers planning. The additional 10% is predominantly around the craft market days in the second week designed to appeal to local families that aren't TT followers. These days have been aligned to 2 full race days and a day off - all off which, from my experience of living opposite Nobles Park are lower, localised traffic days as people prefer to view the racing from around the course and travelling is hampered by road closures. Therefore we believe that it is unlikely that localised traffic will peak above the level planned for by the TT organisers."
(and whether a marshal(s) will be at the site access to control vehicles entering and exiting the site during the whole event period?)
"We believe that with the change of TT visitor parking arrangements, which means no access to parking in Nobles Park via the church grounds, is an issue that needs to be managed due to the high percentage of returning visitors who will be expecting to use this route. We also believe that the duty of care to the residents of St. Ninians Court and ultimate responsibility to manage and communicate this challenge lies with the TT organisers as it is a resulting legacy of the previous years when they have benefitted from the access route. It would be an issue that would need addressing whether or not our event was taking place.
Therefore we have assumed the TT organisers would provide a Marshall at the access point to enforce the new parking and traffic flow arrangements.
Even with this assumption, we are in the process or organising branded steward T-Shirts for the Foodies Village and will provide someone in position at the entrance to the access road if and when required but cannot commit to a full time Marshall to resolve someone else's issues (New will reach out to co-ordinate with TT organisers and St. Andrew Church over this issue)."
UPDATE FROM THE APPLICANTS - received 24/4/24
"James queried what stewardship and signage we will be providing at the entrance to St Ninians Court off of St Ninians Road given the change in the parking situation. I advised that we will not be providing a steward at this junction. We will however be providing directional signage along St Ninians Road in accordance with a traffic management plan which we have had prepared by the Department of Infrastructure. Please note that this traffic management plan does not make allowance for the food village as it does not form part of our event. We will also be providing 1 steward at the junction between St Ninians Road and the Talk of the Town roadway who will act as a site entrance steward. This steward will direct traffic away from this site entrance to the alternative car park which we will be providing."
FURTHER UPDATE FROM THE APPLICANTS - received 24/4/24 "I have spoken to Carl Owen at Motorsport Development regards a Marshall based at the bottom of the access to St. Ninians Court.
He stated that traffic along St. Ninians Road is directed by signage only and that they have confidence that this is all that is required.
Their first Marshall for directing traffic is once inside Nobles Park at the Talk of the Town junction. When questioned how they would response to a situation where people habitually turning up the access road to St. Ninians Court, he had no formalised plan and assumed it would not happen.
If there is an issue, we will do what we can by making the signage more prominent and in peak times placing a marshal at the junction if required. We cannot commit to a arsenal being their permanently - when it is unsure if they will be required
We still feel that if this issue arises then there is a joint responsibility and this should have been considered as part of the Motorsport Development teams traffic management plan."
6.1 The main issues in the consideration of this planning application are considered to be:
6.2 The site of the proposed development comprises part of St Ninian's Church Grounds located at Ballaquayle Road, Douglas. The site is within easy walking distance of the main TT site close to the Grandstand, pits and competitors parking and hospitality areas, and adjoins Nobles Park. It lies to the north of and adjacent to St Ninian's Court, which is a retirement housing complex of apartments for over 50's. - 6.3 The development proposed is for the additional use of the site of St Ninian's Church Grounds, as a Food festival with associated facilities and Craft Market for the period 27th May 2024 to the 8th June 2024, is temporary in nature and is associated with TT Festival. - 6.4 The proposal is considered to be acceptable in principle given its close proximity to the main TT event sites judged against the provisions of Strategic Plan Policies ST1, ST4, ST8, ST10, GEN2, ENV3, ENV5, ENV6, ERNV22, ENV23, Business Policy 11, T4 and T7; and, the advice contained in the Area Plan for the East (2020).
6.5 The concerns raised by neighbours residing at St Ninian's Court, which is a residential development for the over 50's located immediately to the south and east of St Ninian's Church grounds, with vehicular access derived from St Ninian's Road, in relation to access to the site, traffic generation, vehicle movements, on-site and on-street parking, and noise and disturbance from traffic movements, are noted. - 6.6 DoI Highways sought reassurances on the following issues it raised:
6.7 The applicant advised that: There will be no parking onsite for visitors to the Foodies Village - signage has been prepared for the only entrance off St. Ninians Road Parking permits for traders will be provided for parking in a designated and fenced off area as identified on the site plan in the planning application - traders will be arriving either early morning or midday. Parking permits will be given to traders (and church users on the Sunday for the allotted spaces). - 6.8 The applicant further advised they believed that 90% of their footfall would be from traffic driven by the grandstand attraction - which should be covered in the organisers planning. The additional 10% is predominantly around the craft market days in the second week designed to appeal to local families that are not TT followers. These days have been aligned to 2 full race days and a day off - all of which, from experience of (the writer) living opposite Nobles Park are lower, as people prefer to view the racing from around the course and travelling is hampered by road closures. Therefore, the applicants believe that it is unlikely that localised traffic will peak above the level planned for by the TT organisers. - 6.9 This is based on the assumption that the TT organisers would provide a Marshall at the access point to enforce the new parking and traffic flow arrangements. Even with this assumption, the applicants will provide someone in position at the entrance to the access road if and when required, however, they advise that they cannot commit to a full time Marshall to resolve someone else's issues. - 6.10 In response to the further information provided by applicants, DoI Highway Services HDC advised that it continued to not oppose the application, with the proviso that "the Applicant should keep in touch with the TT organisers to live monitor/manage access and parking issues on their site alongside the TT management in the area." - 6.11 Given the above comments received from the applicants and the response to them received from DoI Highways, it is considered that the proposals accord would not give rise to unacceptable issues in respect of traffic movements to and from the site; access and parking on and around the site; and, access to existing parking provision for occupants of St Ninian's Court and other nearby residential properties. Signage advertising the event is covered by separate legislation and controlled directly by DoI Highways. The TT event, whilst disruptive in terms of road closures and parking restrictions is an accepted part of island life and is well managed having been carried out annually (with exceptions for war and foot and mouth disease), since 1907. The proposals are considered to be acceptable in this regard and accord with the provisions of Policies T4 and T7 of the strategic Plan.
6.12 There are a number of Registered Trees on the site which are significant landscape and amenity features. The DoI Forestry Team (23/4/24) commented that given the layout of the site
6.14 The Isle of Man TT fortnight is an annual event that draws in visitors from the Island, the UK, and abroad, and is internationally recognised and renowned. The site is located close to the main TT complex based around the permanent TT Grandstand, Nobles Park, their immediate surroundings, and roads leading to and from them. Motorcycle racing and the crowds it attracts is a noisy event. - 6.15 The comments received objecting to the proposals from the residents of St Ninian's Court have been noted, and those relating to traffic generation, access and parking and the effect this may have on residents, are considered in section (ii) Traffic Management, of this report. - 6.16 The Environmental Health Team has held discussion with the applicants regarding the proposals. No comments with regards to food safety at the event have been offered. This is a separate issue to any planning considerations. The Environmental Health Team has noted from the neighbour representations that there are concerns regarding noise and odour arising from the event, and has commented that "due to the nature, location and duration of the event (being during TT) any noise or odour is not likely to amount to a statutory nuisance under the legislation that we enforce." whilst there would be an element of disturbance, it would be set against the ongoing events of the TT, and the activities carried on at Nobles Park, The Grandstand and adjoining areas. It would be difficult to discern, or pinpoint that any such disturbance directly emanated from the applicants proposals. Ultimately, the TT and associated activities are temporary, and in this case would apply to the period from 27th May 2024 to the 8th June, 2024, and apart from the shorter, week long, Manx GP event scheduled for the end of August (which does not form part of these proposals), is considered to be acceptable. - 6.17 In this regard the proposals are considered to be acceptable and accord with the provisions of Policies GEN2 and ENV22 of the Strategic Plan.
7.1 Given the above considerations and temporary nature of the proposed event, it is considered that the proposal is acceptable and that planning permission for the event for the period 27th May 2024 to the 8th June, 2024, should be granted. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Refused Committee Meeting Date: 07.05.2024
Signed : H LAIRD Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
PLANNING COMMITTEE DECISION 07.05.2024 Application No. : 24/00358/C Applicant : Manx FMTA Proposal : 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 Site Address : St Ninians Church Grounds Ballaquayle Road Douglas Isle Of Man IM2 4BY Planning Officer Hamish Laird Reporting Officer As above Addendum to the Officer’s Report
At the Planning Committee Meeting on 7th May 2024, the Committee Members resolved to refuse planning permission contrary to the Case Officer's recommendation with the proposals being refused for 4 reasons. Namely:
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 proposal 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.
Reason for Refusal
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.
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."
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