Planning Officer Report Recommendations

Officer's Report

Application No.:	13/00367/C
Applicant:	Tobyn Cleeves (Hotel Bell Tent)
Proposal:	Provision of temporary tented accommodation for TT week on school playing field
Site Address:	Ballakermeen High School St Catherines Drive Douglas Isle Of Man IM1 4BE
Case Officer:	Mr Edward Baker
Photo Taken:
Site Visit:	10.04.2013
Expected Decision Level:	Planning Committee

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE BECAUSE THE PROPOSED USE IS AT VARIANCE WITH THE LAND-USE DESIGNATION FOR THE SITE AND IN VIEW OF THE NUMBER OF OBJECTIONS RECEIVED FROM LOCAL RESIDENTS.

The Application Site

1. The application relates to land at Ballerkermeen High School, between St. Catherine's Drive and Westminster Drive, Douglas. The site (red line) originally included the whole of the school campus, but following clarification sought by officers this has been reduced to most of the playing field, the access, parking areas, reception, canteen and shower/toilet block.

1. The school campus and grounds cover an extensive area, broadly rectangular in shape. The main school buildings cover the northern part of the campus and playing fields cover the south part. There is a part one way access system into and out of the school. There is a vehicular entrance/exit on to Westminster Drive. The access onto St. Catherine's Drive to the south west is then exit only.

1. The school is situated in a built up residential area, surrounded by housing on all sides.

The Proposal

1. The application seeks planning permission for the temporary change of use of the site to camping in connection with the Isle of Man TT. The use will extend from Thursday 30 May to Friday 07 June (inclusive) and the application is for this year only.

1. The site would be operated by the applicant, "Hotel Bell Tent". They would rent the playing field and some of the school buildings. The site would be occupied by up to 60 canvas tents. There would be manned security for the duration of the use and CCTV would be used throughout the day and night. The applicant says that out of hours noise will be policed. The school car park would be used for parking. Campers would also have use of the school canteen and the toilet and shower block.

1. The applicant says that they have five years experience of providing event accommodation for sporting events, festivals and private parties. The applicant advertises a "high end" camping experience:

'Our concept blends the romance of sleeping under canvas with the fun, glamour, luxury and service you would expect in a boutique hotel. Tents are beautifully dressed with accessories and furniture from our 'Camping with Soul' accessories range along with Egyptian cotton bedding and fluffy bath towels. Guests can relax and sleep in ultimate luxury and style in a grassy field, close to the action of their event. No pitching or packing down necessary and no need to leave the fun early! Simply turn up, enjoy, and leave all the hard work to us.'

1. The camping use will principally be carried out within the school playing field. However, there will be ancillary parking in the car park and use made of the school canteen and a toilet/shower block.
2. The site plan shows the area within which camping would be restricted, outlined in green. This area is central to the playing field, and measures approximately 50 metres metres.

Planning History

1. The site has no planning history of particular relevance to the current application.

Planning Policy

1. The site is shown as being within an "Area of Building for Civic, Cultural and Other Special Use" (Secondary School) in the Douglas Local Plan 1998.
2. There are no specific policies in the Isle of Man Strategic Plan 2007 which relate to camping uses or use of education or civic premises for alternative uses. However, the following policies in the Strategic Plan are considered relevant.
3. Spatial Policy 1:

'The Douglas urban area will remain the main employment and services centre for the Island.'

1. Spatial Policy 5:

'New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.'

1. General Policy 1:

'The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.'

1. Business Policy 11:

'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 could be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted.'

1. Transport Policy 4:

'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.'

Representations

1. Douglas Borough Council -objection:

'The proposed use, even for a short term, is inappropriate given the site's location. The operation of a camp site will inevitably result in noise being produced both from camping activities and the movement of vehicles and motorcycles. The school, including the playing field, is surrounded by residential property, and it is the view of the Council that the operation of the camp site will result in unreasonable disturbance to those residents.

In addition to the concern regarding noise and disturbance, the Council is further concerned that the operation of the camp site will have a detrimental impact upon traffic mangement in the area.

In light of the above concerns, Douglas Borough Council would ask that planning permission for this application be refused.'

1. Highways Division - no objection:

'There are good traffic routes into and out of the school and the applicant should ensure that visitors follow the existing signing for Ballakermeen High School.

If permission is to be granted then a condition should be attached which requires that the site should have vehicular access only via the southern access at Westminster Drive.'

The Highways Officer has clarified that the existing access arrangement at the school (i.e. access and exit off the southern end of Westminster Drive and exit only onto St. Catherine's Drive) is suitable for the proposed camping use. However, the Highways Officer does not wish to see access via the very narrow lane off Westbourne Drive to the east.

1. Representations - the Planning Authority has received 14 representations from local people. Their comments are summarised below:

• 20 Westminster Terrace: Westminster Terrace is part of a residential area, as well as being a Conservation Area. We residents are already suffering from building works at the school. Another plan is being forced upon us with little time for consultation. Object to the application on grounds of noise and extra rubbish in the streets.
• 8 St. Catherine's Close: Cannot agree to the application under any circumstances. There is no bar. Are they going to stop people bringing in alcohol? Noise in the surrounding area (bikes would have a big effect on people having to go to work early in the morning). Local children currently play on the playing field during school holidays. If the proposal proceeds then they will have nowhere safe to play - the traffic is very busy including TT week. Drugs - will there be checks? The Government should not make money at the expense of children. Can the protection of children be guaranteed?
• Dolls House, Old Castletown Road: Highway safety and traffic management concerns access to the school is restricted, the site is in a densely populated residential area, and other building work might be going on at the school. Land use zoning and planning history - is it appropriate to use a school playing field for a camp site? Noise levels, particularly affecting

pupils taking exams. Is there is an issue of procurement and should more local operators have expressed an interest?

• 72 Westbourne Drive: Object to the application for a number of reasons. Traffic congestion is likely to occur between Westbourne Drive and Westminster Terrace. It is difficult to negotiate as it is a two way route and has only a small passing area. The increase in the number of vehicles using the lane is only going to exacerbate the problem. The lane has no pedestrian pavement. There will also be an increase in traffic using Westbourne Drive, which is a narrow road and two-way traffic is generally impossible due to parked vehicles on both sides. Concerns about the availability of on-site parking. Bikes might overspill into the road. The area already has parking problems. This is a quiet residential area of Douglas - it is unreasonable for residents to have to suffer the noise accompanying a camp site. Conflict between the use and exams taking place at the school. Have parents been consulted? The playing field is regularly used and may be unfit for use after camping, particular if it has been wet.

20 St. Catherine's Close: Object on the following grounds. High levels of noise experienced by 20 St. Catherine's Close. Increased traffic would put residents at risk. Potential for damage and disruption to the area by people under the influence of alcohol. The possibility of debris and rubbish in adjoining streets. The area is largely residential and unsuitable as a camp site.

31 Westminster Drive: Strong opposition to the application. Increased volume or traffic. There will be a large number of motorbikes accessing the camp site. This raises serious concerns. Noise concerns - just because alcohol and food will not be sold on the site, it does not mean that it won't be brought there. There will be a large number of people on the site. The noise levels will be higher at night time which will be unfair for local people who have to work or take exams. Conflict between the proposed use and children taking exams. The camp site will damage the playing fields. Why were local residents not approached before the application was made? Little consideration has been given to local people or the neighbourhood.

12 St. Catherine's Close: Strongly oppose this application. Noise impact on 12 St. Catherine's Close, particularly at night time. The playing field would be ruined if the weather is wet. Concerns about alcohol and litter. If the proposal goes ahead then it might also take place in future years, at great disruption and cost to all. The views of local people, particularly those who back onto the playing field, must be considered. Concerned about additional taxis.

Glemore, Belmont Hill: Supportive of any facilities that improves the TT and visitor facilities. However, a number of issues need to be highlighted. The proposed use might not be best suited due to the amount of residential properties in the area. Perhaps St. Ninian's or St. Mary's schools may be better placed to provide such facilities? Belmont Hill will be the most convenient access to the site, however, it is dangerous due to the number of blind bends and is in a poor state of repair. The road should be re-surfaced or repaired. The existing one way system into and out of the school should be enforced so as to half the number of vehicles onto the unsafe Belmont Hill and Westminster Drive. Consideration should be given to the safety of students taking exams and what impact noise will have on them.

71 Westbourne Drive: Concerns about noise and potential anti-social behaviour. 71 Westbourne Drive is less than 20 metres from the proposed camp site, which could accommodate up to 60 tents and 300 people. The tents will offer no protection to noise pollution. Noise on Westbourne from people walking to and from the site on a night out. Disruptive and anti-social behaviour in this peaceful area. Noise from traffic. The impact on residents must be considered. Planning permission should be refused.

7 Maple Close: My son will be sitting their A levels during TT, other students will be sitting their GCSEs. It is inappropriate for a school to have people wandering around the grounds at this time, distracting students. Visitors will be allowed to use the toilets and canteen - who will monitor this and make sure that they don't mistakenly interrupt exams?

26 Westminster Terrace: Strongly object to the application. Traffic - up to 300 camper's/staff vehicles will threaten the safety of children and pedestrians. How will the single access through the main school be enforced? Noise - the area is densely populated and extra noise will be generated by cars, bikes and vans. Noise will be increased both day and night.

• Disruption to exams - it is inappropriate for students to be disturbed and distracted by the added noise of campers and motorbikes. Inaccuracy - the application asks for permission during TT week yet also includes days during practice as well.
• 35 Ballaughton Manor Hill: Expresses a number of concerns. Examinations during TT week - additional noise and disruption. The shower block is next to the examination hall. Child protection - child protection standards must be in place. The proximity of the shower block to the examinational hall is a particular concern. Concerned about the standards of security. Setting up of the tents may conflict with term time and there is already significant congestion when the school is open. The playing field will need to be cleared and cleansed before it can be used again by children. Notification - pre-application consultation letters from the applicant/school were not sent to all residents and parents of children at the school. The dates of the application, which conflict with school time and exams, is ill conceived. The students at the school have been preparing for years for their exams.
• No adress given: We have big concerns [about the application].
• 13 Alderley Close: There will be pupils taking exams in the school time who would be unduly disturbed by noise from occupants of the tents thus affecting their ability to concentrate leading to poorer results.

Assessment

Whether the site is an acceptable location in principle for a camp site

1. There are no specific policies in the Development Plan which relate to camping uses or alternative use of education or civic premises. The application therefore needs to be judged on its own merits, having regard to general policies on settlement strategy, sustainability, accessibility and other material considerations.
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. 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.

The effect of the proposal upon the amenity of local residents

1. It is evident that a number of local people are very concerned about the proposal. One of the major issues that people have raised is noise and impact upon the enjoyment of their properties. The site is situated within a built up residential area. The proposed use has potential to cause disturbance by a number of means. This includes 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 through the local streets. The applicant has the following to say about noise and potential anti-social behaviour:

'We will have security on site and a crew of six seasoned crew members from Hotel Bell Tent during the event that will be maintaining the camp and policing the site 24 / 7 to monitor noise levels. We offer no entertainment on site and will actively encourage guests to take the short walk into town if they want to be noisy. As the school is government grounds, the terms and conditions for staying with us include no smoking or drinking on site as well as no noise.'

1. The planning system cannot control how the site is managed and in this respect planning permission would have to be granted to an extent on good faith, if dependance on effective management of the site were to be a particular issue. The applicant has agreed to confine the area of actual camping (i.e. the pitching of tents) to the centre of the playing field. This would be approximately 40 metres from the nearest property on Westbourne Drive and 20 metres from the nearest properties on St. Catherine's Drive. 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). There will also be some noise from traffic and particularly bikers who are likely to occupy the site. However, it is considered unlikely that there would be any subsantial conflicts. The proposal is for a temporary use only during this year's TT. It may be appropriate in cases such as this where the actual impacts of a development cannot be accurately predicted to grant a temporary permission so that the impacts of the use can be tested. If the use successfully operates without harmful impact on neighbours then this opens the way for future permissions. However, if significant negative impacts are experienced then the Planning Authority can choose not to grant further permissions. In this case, given the limitation on the number and location of tents, the applicant's commitment to management of the site, and the physical relationship with surrounding properties, it is considered that a temporary one year permission is appropriate in this case. It is considered sufficiently likely that the use can co-exist with surrounding residential properties for this option to be appropriate.

Access and parking

1. Local residents have also expressed serious concerns about highway safety in view of the amount and type of extra traffic that the proposed use will generate. Whilst the concerns of local residents are understood, in the absence of an objection from the Highways Division, it is considered that there are no reasonable highway safety grounds to refuse permission. The school will largely be closed (other than exams) whilst the camping takes place and so usual school traffic will be substituted by the traffic generated by the camp site. The existing vehicular access arrangements to the site will have to be maintained (i.e. two-way traffic at the south end of Westminster Drive and exit only onto Catherine's Drive). There should also be no access onto the narrow lane off Westbourne Drive. These requirements can be controlled by condition.
2. The Highways Division offers no objection to the proposed parking arrangements and these are therefore also considered to be adequate. Again, the parking areas should be controlled by means of condition.

The effect of the proposal on the character and appearance of the area

1. It is considered that the use of the school grounds as a camping site would have a minimal impact upon the character and appearance of the area. The tents would be confined to the centre of the playing field, which is itself on higher ground compared to the surrounding street and is well screened.

Other issues raised during the consultations process

1. The impact of the proposed use on pupils undertaking exams at the school is a matter for the school and educational authority, and not the Planning Authority. The camping use can only be undertaken with the agreement of the school and it is understood that the school and applicant are working closely together. It is understood that the exams are to take place in the buildings on the far side of the school campus, away from the camping.
2. Litter and drug use are matters for the police and other authorities, and not the Planning Authority. However, residents' fear of crime and fear of anti-social behaviour can be a material consideration. Notwithstanding, given the applicant's agreements with the school and their commitment to management of the site, there is no reason to believe that these will be substantial issues. It is considered disproportionate to refuse permission on these grounds.

1. The procurement process – whether more local operators should have been given opportunity to bid to use the site is not a relevant planning consideration.

1. Welfare and security of children – again these are matters for the relevant authorities, but not the Planning Authority.

1. Availability of the playing field – it is understood that some local children use the playing field outside school time. The field would be unavailable whilst the site is used as a camping site. This is a matter for the school. There are also concerns that the playing field might be damaged, particularly if it is wet. Again, this is a management issue for the school and not a planning consideration.

RECOMMENDATION

1. It is recommended that the planning application be approved with conditions.

PARTY STATUS

1. The Local Authority, Douglas Corporation, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.

1. The following residents who have made comments on the application are considered to have Interested Party Status by reason of traffic and/or potential disturbance issues:

20 Westminster Terrace 8 St. Catherine's Close 72 Westbourne Drive 20 St. Catherine's Close 31 Westminster Drive 12 St. Catherine's Close 71 Westbourne Drive 26 Westminster Terrace

1. The following residents who have made comments on the application are not considered to have Interested Party Status:

13 Alderley Close – non-planning issue and significant distance from the site Doll's House, Old Castletown Road - non-planning issue and significant distance from the site Glenmore, Belmont Hill – distance from site 7 Maple Close, Onchan – distance from site 35 Ballaughton Manor Hill – non planning issues raised

1. The Highway Division is part of the Department of Infrastructure and therefore not an interested party.

Recommendation

Recommended Decision: Permitted Date of Recommendation: 29.04.2013 2 May 2013 13/00367/C Page 7 of 8

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> 0 : Notes attached to refusals

C 1. This permission is for a temporary use only and the use shall not be carried out outside the dates of 30 May to 07 June 2013 inclusive. After the 07 June 2013 this permission shall expire.

C 2. This approval for the temporary use of the site for tented accommodation relates to the application form and supporting statement (dated 19 March 2013), both received on 26 March 2013, and the amended site plan received on 26 April 2013.

C 3. 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 plan received on 26 April 2013.

C 4. The vehicular access onto St. Catherine Drive to the south west corner of the site shall only 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.

C 5. The parking area, as shown on the site plan received on 26 April 2013, shall not be used other than for the parking of vehicles in connection with the school and camping use hereby approved.

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 : 13 / 5 / 13

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

• Letter to be sent to neighbours from Jennifer Charne to explain the decision

2 May 2013 13 / 00367 / C