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| Application No.: | 14/00921/C |
| Applicant: | Hotel Bell Tent |
| Proposal: | Temporary change of use from school grounds to campsite in connection with the TT Races for the dates 29th May to 15th June 2015 |
| Site Address: | Ballakermeen High School St Catherines Drive Douglas Isle Of Man IM1 4BE |
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSED USE IS CONTRARY TO THE LAND-USE ZONING FOR THE SITE, AND DUE TO THE HISTORY OF THE SITE
1.1 The application site forms part Ballakermeen High School which is located between St. Catherine's Drive and Westminster Drive in Douglas. The site comprises the access, the playing field, parking areas, and shower and toilet block.
1.2 Ballakermeen is sited within a large area; the main buildings cover the northern part of the site with the playing fields extending to the south. There is a one way access system into and out of the school. Vehicular access is via the west end of Westminster Drive to the north west corner of the school and off St. Catherine's Drive to the south west. The St. Catherine's Drive access is exit only.
1.3 The school is situated in a built up residential area, surrounded by housing on all sides.
2.1 The current application seeks planning approval for the temporary change of use of the site to camping in connection with the 2015 TT. The change of use would take place between 29th May and 15th June 2015 to include time for setting up and taking down the tents. The actual camping would occur from 30th May to 12th June.
2.2 The site would have 122 bell tents with each tent accommodating between 1 and 4 people. The site cannot accommodate 172 tents but the applicant felt this would be too many and it would also result in the tents being erected right up to the boundary fence with St Catherine's Drive. The site plan shows the area within the camping is to take place. The camping area is more or less central to the playing field, and measures approximately 100 x 60 metres.
| Case Officer : | Miss Melissa McKnight |
| Photo Taken : | |
| Site Visit : | |
| Expected Decision Level : | Planning Committee |
2.3 The tents come equipped with tea light chandeliers (LED or candle), hand loomed Indian block colour rugs, Jute door mats, luxury inflatable beds, a mirror, bamboo centre pole, low level Indian tables, fire extinguisher and various samples to enhance the guest's experience. There would also be various bedding packages where customers can order Egyptian cotton linen with bath towels and 13.5 tog duvets with cosy mattress toppers.
2.4 There will be manned security for the duration of the use and CCTV will be used throughout the day and night. The applicant's traffic officers will be responsible for enforcing the one way traffic system into and out of the site. Out of hours noise will be policed by the applicant. The school's car parking facilities would be used for parking and campers would also have use of the school canteen, toilet and shower block, swimming pool and gym.
3.1 Planning approval was granted in 2013 for Temporary change of use from school grounds to camping in connection with TT Races for the dates 28th May to 8th June 2014 under PA 13/91219/C. This approval was subject to the following conditions:
This approval is for a temporary use only and the use shall not be carried out outside the dates of 28 May and 08 June 2014 inclusive. After the 08 June 2013 this approval shall expire.
The development hereby permitted shall not be carried out except in full accordance with the following plans: site location plan received on 15 October 2013.
There shall be a maximum of 60 tents pitched within the site. There shall be no pitching of tents outside the area outlined green on the site location plan received on 15 October 2013.
The vehicular access onto St. Catherine Drive's to the south west corner of the site shall be used for vehicular exit only and shall not be used for vehicular entry. There shall be no means of vehicular access directly onto Westbourne Drive to the east.
The parking area, as shown on the site location plan received on 15 October 2013, shall not be used other than for the parking of vehicles in connection with the school and camping use hereby approved.
3.2 Prior to this, temporary planning approval was granted in May 2013 for change of use of part of the school grounds to camping in connection with the 2013 Isle of Man TT. The approval was for one year only. An appeal against the decision was lodged by a third party but subsequently withdrawn. The approval was never implemented because the decision was made too close to the event for the applicant to have sufficient time to market and organise the camping. Furthermore, the appeal would have been heard after the 2013 TT event meaning that it would not have been possible to implement the approval.
3.3 The site has been subject to other previous planning applications which are not considered relevant to the assessment of this current planning application.
4.1 In terms of local plan policy, the application site is within an area zoned as "Area of Building for Civic, Cultural and Other Special Use" (Secondary School) under the Douglas Local Plan 1998.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered relevant to the assessment of this current 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, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental 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-dependant 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."
Business Policy 11 states:
"Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designations which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be situations where existing rural buildings would be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted."
Transport Policy 4 states:
'The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan.'
5.0 REPRESENTATIONS 5.1 Douglas Borough Council has no objection to the current planning application. 5.2 The Department of Infrastructure Highway Services do not oppose the current planning application.
6.0 ASSESSMENT 6.1 Under this scheme it is proposed to increase the number of tents from 60 to 122. It is therefore essential to consider the acceptability of the proposal with regards to the location and impact upon the surrounding area, impact upon neighbouring residential amenity and the impact on access, parking and general highway safety. 6.2 ACCEPTABILITY OF THE PROPOSAL 6.2.1 The Isle of Man Strategic Plan 2007 contains no specific policies which relate to camp sites or the use of any other land for camping uses. It is therefore essential to have regard to
the use of Ballakermeen High School for camping and the visual impact of the proposed camp site upon the appearance of the locality.
6.2.2 The site is situated in Douglas, the Island's principal settlement, and is an accessible and sustainable location. It is considered that the proposal raises no significant strategic planning issues and that the site is an acceptable location, in principle, for a camp site on a temporary basis. The acceptability of the proposal should therefore depend on the usual range of development control criteria including impact on neighbours, the visual amenity of the area and highway safety. These issues are considered below.
6.2.3 The principle of use of the site for TT camping for one year was accepted by Planning & Building Control in 2013 in relation to the previous application (13/00367/C and 13/91219/C). It is considered that there has been no material change in circumstances since then that should lead the Planning & Building Control to a different decision this time around. Although there would be near enough double the number of tents for TT 2015, it is considered that the use of the site as proposed would have a minimal impact upon the character and appearance of the area. The tents would be confined to the playing field, which is itself on higher ground to the surrounding street and is well screened. There would also be hessian material mounted on the perimeter fence of the playing field to act as both an acoustic wall but to also provide privacy to the campers and partially screen the campsite.
6.2.4 Anti-social behaviour, litter and drug use would be matters for the police and other authorities, and not the Planning Authority. Health and safety is a matter for the applicant and school. In any event, the applicant has indicated that there will be strict management of the site with a view to covering these issues.
6.2.5 Regard should also be had to the economic benefits that the proposal will bring to Douglas and the Isle of Man Government. After the use of the site in 2014 the site was awarded a 1 Star rating by the Department of Economic Development. Under this scheme, Ballakermeen High School is offering the additional use of the swimming pool and gym to the guests which will expectantly attract more users to the site and in turn most likely generate more comings and goings into the town centre.
6.3.1 It is evident from PA 13/00367/C and PA 13/91219/C that a number of local people were very concerned about the proposal. No objections have been received for the current planning application.
6.3.2 One key issue to consider is the impact of the camp site, with particular regard to the increase in the number users, regarding noise and the impact upon the enjoyment of nearby properties. The site is situated within a built up residential area. The proposed use has the potential to cause disturbance by a number of means. These include noise from campers, noise from vehicular movements to and from the site (including cars and bikes), and disturbance from people walking to and from the site.
6.3.3 It is understood that there will be security on site and staff from Hotel Bell Tent will be maintaining the camp and policing the site 24/7 to monitor noise levels. The noise levels will most likely be at their highest in the morning, as visitors leave the campsite, in the evening on their return and during the later hours as the camp site is being used for general uses such as showering, eating and socialising. There will be no entertainment on site and guests will be encouraged guests to walk into town if they want to be noisy. As the school is government grounds, the terms and conditions for staying at the site include no smoking or drinking as well as minimal noise.
6.3.4 Under PA 13/91219/C the applicant agreed to confine the area of actual camping (i.e. the pitching of tents) to the centre of the playing field which was controlled by means of a planning condition. The camp site was approximately 40 metres from the nearest property on Westbourne Drive and 20 metres from the nearest properties on St. Catherine's Drive. Under this scheme, the area for camping is much larger; 100 x 60 metres. However, the majority of the camping area extends south west towards St Catherine's Close. The camp site would now be 30 metres from the nearest property on Hawarden Avenue, 22 metres from the nearest properties on St. Catherine's Drive and 71 metres from the nearest properties on St Catherine's Close. Given that most congregational and social activities are likely to take place in and around the Bell tents, this relationship is considered acceptable. It is accepted that there might be noise and disturbance from patrons of the site walking through local streets (for example on their way into the town centre) and in and around other areas of the site. There will also be some noise from traffic and particularly from motorcyclists who are likely to occupy the site. Given the temporary nature of the use this is considered acceptable. It is understood from the Isle of Man Police Constabulary that there were no issues for policing from the camp site during TT 2014 and the police raise no objections to this current planning application. It is also important to acknowledge that there have been no representations made from any nearby residents either.
6.3.5 Although there would be more guests using the site in 2015, it is considered that based on the success of the use of the site for TT 2014 that the use of the site for additional guests would be acceptable. Again, given the temporary nature of the use this is considered acceptable, particularly given that it is open to the Planning Authority to grant approval for one year only so that it can assess the impact of the use with particular regard to the number of people using the site. This was part of the rationale for granting a temporary approval for the 2014 TT which provides an opportunity to assess and review the impact of the use upon the local area. If there are significant negative impacts as a result of greater numbers, the Planning Authority can choose not to grant further permissions.
6.4.1 The school will largely be closed (other than exams) whilst the camping takes place and so usual school traffic will be substituted to a degree by the traffic generated by the camp site. The existing vehicular access arrangements to the site should be maintained (i.e. two-way traffic at the south end of Westminster Drive and exit only onto Catherine's Drive). As with the previous scheme, PA 13/91219/C, there would be no access onto the narrow lane off Westbourne Drive and again this should be controlled by condition.
6.4.2 An acceptable traffic management plan was implemented for the 2014 TT which will be emulated for this scheme. Highway Services have no objection to the proposed level of on-site parking either and this is therefore considered to be adequate. Again, the parking areas should be controlled by means of condition.
7.1 Although the number of tents will practically double for the 2015 TT which will inevitably increase the number of comings and goings, the proposed use has still been found to be acceptable in terms of its potential impacts and there are no reasonable grounds to withhold temporary approval for the 2015 TT. It is therefore recommended that the proposal is approved.
8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure) (No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the
application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application, Highway Services, and the Local Authority in whose district the land the subject of the application sits.
9.1 A representation was received (18/08/2014) from the owners and/or occupiers of 29 Pinehurst Avenue objecting to the planning application on the grounds of noise from the campsite impact upon examinations taking place and the use of school facilities by students and visitors. This representation was not included within the report but was reported on at Planning Committee on 29th September 2014. In line with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the owners and/or occupiers of 29 Pinehurst Avenue.
9.2 Members of the Planning Committee noted that C2 referred to only 100 tents being permitted and queried why the proposal had been restricted to 100 tents and not the 122 tents as proposed. I explained that this was a typo and C2 has been amended to read:
"There shall be a maximum of 122 tents pitched within the site. There shall be no pitching of tents outside the area outlined green on the site location plan received on 4th August 2014."
9.3 It was also acknowledged after Planning Committee that the date of the Location Plan stated 4th July 2014 instead of 4th August 2014. This has been corrected to the above.
9.4 In addition to the above, again, after Planning Committee it was noted that C4 had referred back to the site location plan submitted with PA 13/91279/C and as such C4 has been amended to:
"The parking area, as shown on the site location plan received on 4th August 2014, shall not be used other than for the parking of vehicles in connection with the school and camping use hereby approved."
Recommended Decision: Permitted
Date of Recommendation: 11.09.2014
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1.
The camp site may be available for use no earlier than three days before the first practice associated with the 2015 TT and up to the day after the last race and the camp site may be erected within three days before this and taken down within three days after this. After the
12th June 2015 this approval shall expire.
Reason: the application is for the use of the site for the 2015 TT only and whilst provision should be made for setting up and dismantling the camp site, the site should not be used for camping outside those times reasonably associated with these race periods.
C 2. There shall be a maximum of 122 tents pitched within the site. There shall be no pitching of tents outside the area outlined green on the site location plan received on 4th August 2014.
Reason: In the interests of public and private amenity.
C 3. The vehicular access onto St. Catherine Drive's to the south west corner of the site shall be used for vehicular exit only and shall not be used for vehicular entry. There shall be no means of vehicular access directly onto Westbourne Drive to the east.
Reason: In the interests of highway safety.
C 4. The parking area, as shown on the site location plan received on 4th August 2014, shall not be used other than for the parking of vehicles in connection with the school and camping use hereby approved.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
This approval relates to Location Plan, Site Plan and Supporting information date stamped as received on 4th August 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: Permitted Committee Meeting Date: 29/09/2014
Signed: M. McInty Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate ☐
YES/NO
Above under Paragraph 9.0
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