Loading document...
| Application No.: | 14/00725/B |
| Applicant: | Mr Stephen Salter |
| Proposal: | Creation of an adventure park consisting of zip wires, scramble nets, bridges, and tarzan swings, erection of a cabin to be used as a reception and storage building and provision of temporary toilets facilities |
| Site Address: | Part Of South Barrule Plantation Adjacent To A36 |
| Shoulder Road | |
| Foxdale | |
| Isle Of Man |
THE APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE
1.1 The site is the same site as that of a previous application for the establishment of a recreational facility and for the same development. That earlier application was approved for a temporary period only and this application seeks the retention of the facility as a permanent feature. The site is around 4 acres of South Barrule Plantation which lies to the west of the A3 Foxdale Road and to the west and south of the A36 shoulder road which runs from the A3 to the Sloc and Port Erin. The site has the stone wall and eastern edge of the plantation and the western edge of the plantation car park as its eastern boundary and the remainder of the plantation to the north, west and south.
1.2 The site is typical of the Island's plantations, undulating ground covered with leaves and tree needles with informal tracks trodden into the ground and areas of stone walling and tall conifers with the lower sections generally devoid of leaves or significant branches. There are various cleared areas or varying sizes within the plantation.
1.3 The plantation car park lies to the south east of the site and is accessed from the A36. It has recently been extended and will accommodate around seventy five vehicles although parts of it are uneven and there are no formal spaces marked on the ground. The platforms, administration building, swings and slides have been erected and in use for the past year or so.
2.1 Proposed is the retention of the tree-based recreation facility incorporating rope slides, scramble nets and bridges in the trees, an administration/reception building, platforms built onto the trees and refurbishment of the existing path ways. The site is split into an area suitable for adult recreation and a part for younger children. The adult recreation is in the northern section and the children's area to the south alongside the car park.
| Case Officer : | Miss S E Corlett |
| Photo Taken : | 30.06.2014 |
| Site Visit : | 30.06.2014 |
| Expected Decision Level : | Planning Committee |
2.2 The rope swings and slides are generally attached to the trees in a way which will not threaten the health or life of the trees and as the owner of the site is also the manager of the plantation (DEFA) it is not likely that the operation of the facility will be in conflict with the principal purpose of the plantation which is to grow trees for commercial purposes and where the public is entitled to walk.
2.3 The administration facility is a timber shed which is 5m by 3.5m and 3m high set on a timber decked area with a ramp and stair access. The decked area will be 6m by 7m. This will be sited alongside the stone wall to the west of the A36. The deck will have fencing around the perimeter, up to 900mm high and the deck will be lifted around 300mm above ground level. A temporary toilet has been provided on site which is located alongside the administration building and is shown on the plans. If the facility becomes sufficiently successful the applicant intends to provide a permanent facility subject to the appropriate permissions.
3.1 The site lies within an area designated on the 1982 Development Order as Plantations owned by the Isle of Man Forestry, Mines and Lands Board and also within an area in which development could pose a hazard to a potable supply of water (Cringle Reservoir).
3.2 On the Area Plan for the South adopted in 2013 the site lies within an area of Open Space and identified on the constraints map as within the water catchment area and within a plantation.
3.3 The draft Landscape Character Appraisal map shows the site as within the Southern Uplands where the following general advice is provided:
The overall strategy for the protection and enhancement of the Uplands Landscape Character Type is to conserve and enhance: the predominantly open and exposed character of the moorland hills and mountain summits; the generally uninterrupted skyline and panoramic views across the lower slopes and plains towards the sea; the strong sense of tranquillity and remoteness; and the distinctive features of cultural heritage and nature conservation interest. Key landscape planning considerations in relation to the protection and enhancement of this Landscape Character Type are as follows:-
3.4 The draft Southern Area Plan does not make any specific reference to this part of the sector and there are no key views in this landscape area, in the vicinity of this site.
3.5 The Strategic Plan recognises the importance of recreation in the introduction to Chapter 10 which states: "The quality of life on the Island and the quality of our environment are improved by attractive open space and by facilities for recreation and other community purposes". The government's Physical Fitness Strategy 2011 - 2016 emphasises the need for and benefits from "the people of the Island of Man to become more physically active to
improve their health and well being" and a key objective is to increase the number of physical activity opportunities in the Island.
4.1 Planning approval was granted for the facility under PA 12/01590. This was approved on the basis that the facility be retained until 28th February, 2014 whereupon, if a further planning permission has not been granted for the continuation of the use, the use must cease and all structures removed from the site.
5.1 Malew Parish Commissioners recommend that the application is approved but request that an application for permanent toilet facilities and improved signage be made within three months.
5.2 The Highway Authority recommend that the facility has been running for a year and in that time there have been improvements made to the size of the car park and traffic management of pedestrians on the main road. However these improvements fall short of providing a dedicated off road pedestrian access from the car park to the reception facility; this results in pedestrians, both adult and children walking along the public highway. They appreciate that there is not a simple solution to this issue however the proposal has resulted in an increase in the pedestrians walking along the public highway in a location that is unsighted for oncoming vehicles. They recommend that a further temporary permission is granted to allow further works to be considered to improve pedestrian safety. If full planning permission is to be granted then we request a condition that a pedestrian route between the car park and the reception facility that does not involve pedestrians walking on the carriageway.
6.1 The proposal provides a new form of recreation for the Island and one suited to the plantation setting in which it is proposed. It has clearly been sufficiently successful to enable the applicant to apply for retention of the use. The platforms, swings and administration building are visible from the highway but do not have an adverse impact. The boundary of the plantation is very informal and it is not a facility which is fenced off or visually separated from the road.
6.2 The main issue with the creation of this facility is the ability of the existing car parking area to accommodate the vehicles generated by the proposed use as well as accommodating the vehicles associated with other users of the plantation - walkers, horse riders and for events such as horse rides organised within the plantation. It is relevant in this respect to acknowledge that the car park is now around twice the size that it was when the application was previously considered due to the extension by DEFA (PA 13/91012).
6.3 The Strategic Plan supports the provision of recreation facilities on the Island and this provides something new to accommodate all ages and abilities. It is recommended that the application is permitted.
6.4 Whilst the local authority have requested that an application be made for permanent toilet facilities and improved signage, there is no provision for the Department to insist that such facilities are actually implemented, unless the temporary toilets and signage (which does not have approval) are required to be removed. The applicant is not the owner of the site and as such, the requirement for them to provide permanent facilities is perhaps onerous. Also, whilst the sign on the cabin is not particularly sensitive (signage by its verry nature needs to be visible and to an extent, eye-catching) it is temporary an can be easily and quickly removed compared with permanent signage. Much of the applicant's future plans will depend upon the financial viability of the facility which may not be know for another year or two. As such it is not considered appropriate to request an application for the provision of permanent
toilet facilities in this case at this time. Bearing in mind the success of the use of the plantation by various different users, it is something perhaps for DEFA to consider.
6.5 The issue regarding pedestrian access from the car park to the cabin is an important one. Rather than making this further approval temporary, as this is the only issue which has yet to be resolved, it is recommended that a condition be attached such that within six months of the date of the notice, a pathway with appropriate signage be created between the car park and the cabin such that patrons are not required to walk upon the road. This may not result in development which would require a planning approval depending upon the nature of the works.
7.1 The local authority, Malew Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.
7.2 Department of Infrastructure Highway Services is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d.
Recommended Decision: Permitted
Date of Recommendation: 14.07.2014
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1.
Within six months of the date of this notice, a pathway with appropriate signage must be created between the car park and the cabin such that patrons are not required to walk upon the road. This may not result in development which would require a planning approval depending upon the nature of the works.
REASON: to prevent unsafe movements of pedestrians onto the highway in conflict with the use of the carriageway by vehicles.
This approval relates to drawings and information received on 13th June, 2014.
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 : A Committee Meeting Date : 21-7-14 Signed : S. M. O. L. U. T. Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
Copyright in submitted documents remains with their authors. Request removal