SOC DEFA Planning Officer Report

Planning Statement Statement on behalf of the Planning Authority relative to: Erection of 8 moveable camping pods, 7 cabins, barbecue area, bollard lighting, 2 canvas yurts, car parking area, drainage channels (part retrospective), extension to the facilities building and erection of 2 sheds and extension of the camping period for the five cabins on the upper section until the end of December in any year Glen Wyllin Camp Site Glen Wyllin Kirk Michael Isle Of Man IM6 1AL PA Reference 22/00789/B Prepared on behalf of the Planning Authority by Planning Officer Mr Toby Cowell Department of Environment Food and Agriculture, Planning & Building Control, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950 Statement prepared on behalf of DEFA Planning and Building Control By; Toby Cowell, Planning Officer

1.0 INTRODUCTION - 1.1 The aim of this statement is to provide background information to the planning application, set out the relevant policies to consider in respect of the proposed development and make a recommendation. - 1.2 The site is owned by the Department of Environment, Food and Agriculture which the Planning Authority is part of. As a result of this, the application must be considered by an Independent Inspector and the decision taken by the Council of Ministers under 10 (1) (b) of the Town and Country Planning (Development Procedure) (NO 2) Order 2013. - 1.3 The Department has no other interest in the proposal.

2.0 THE APPLICATION SITE - 2.1 The application site relates to an irregularly shaped parcel of land that comprises a variety of separate land uses and comprises the majority of Glen Wyllin Camp Site. - 2.2 Accessed off the A4 highway to the southeast, the site variously comprises a National Glen (Glen Wyllin), trees, a river and traversing bridges, seasonal camping and caravanning facilities, hardstanding providing an access track to the beach / seaside to the west and associated parking, and also a collection of utilitarian buildings that provide services to the campers and also visitors to the Glen itself. - 2.3 There is an adopted Conservation Area entitled 'Glen Wyllin', but this does not fully intersect with the application site. The land also within the control of the applicant - who has a lease of the land rather than being the landowner - is a wider area of land that does more closely intersect with the Conservation Area. - 2.4 The land is within public ownership (as noted, of DEFA), but the metalled surfaces within the site are not adopted highway.

3.0 DEVELOPMENT PROPOSALS - 3.1 Planning permission is sought for the following operational development at the site:

• - The installation of 8 moveable camping pods on the area to the north-west of the facilities building, with flood bund wall;
• - The erection of 5 cabins on the upper area alongside the residential property of Glenside and a barbecue unit;
• - The installation of bollard lighting leading up to these units from the lower area alongside the children's play area;
• - The installation of two canvas covered yurts to the north of the motorhome camping area;
• - The erection of two cabins to the east of the caravan and motorhome camping area;
• - The creation of a car parking area to the south west of the access at the southern end of the site;
• - The creation of drainage channels to assist water flow from the camping area;
• - Alterations to and an extension of the main facilities building to provide additional storage space, including two additional sheds to the south east of the main building.

3.2 The proposals would result in the removal of up to 33 camping units to facilitate the new structures which occupy more space. In the motorhome and caravan electrical area there

are currently 70 spaces, of which 60 will remain. It is proposed to add 2 yurts and 2 log cabins. In the areas on the south western side of the road there is currently 80 tented pitched and these will remain along with dedicated parking for users of the camp site. The area alongside Glenside is currently used for up to 30 pitches which will instead accommodate the 5 proposed log cabins. The area to the west of the facilities building currently accommodates 50 tent pitches and will instead accommodate 40 tent pitches and 8 camping pods.

3.3 Finally, the proposal also seeks permission on a part retrospective basis for the installation of French drains which were introduced to make parts of the site drier. - 3.4 The accompanying planning statement further notes that the current proposals have been redesigned following the previous refusal by way of reducing the height of the proposed cabins to be single-storey only and improving their appearance, whilst introducing different styles of unit depending on their location within the site.

4.0 PLANNING HISTORY - 4.1 17/00386/B - Proposed use of land for tourist purposes, comprising a caravan/motorhome site (up to 46 caravans/motorhomes in total) and a campsite comprising up to 120 tent pitches, along with the erection of 2 yurts and 8 log cabins and 8 camping pods and ancillary facilities, along with installation of land drains. This application was refused by the Council of Ministers (as the application site belongs to Department of Environment, Food and Agriculture) for four reasons:

1. The proposed buildings would detract from the open character and appearance of the land, which is an important feature of the Glen Wyllin Conservation Area. This would be contrary to Environment Policy 35 of the Isle of Man Strategic Plan 2016, which provides that, in a Conservation Area, development will not be permitted unless it would preserve or enhance the character or appearance of that area, and ensure that features contributing to the area's quality are protected.

• 2. No Environmental Impact Assessment (EIA) accompanies the planning application, contrary to Environment Policy 24 and paragraph A.5.2(j) of the Isle of Man Strategic Plan 2016. These provide that an EIA will be required with any application that proposal a permanent camp site or caravan site. The environmental information submitted with the application is inadequate.
• 3. In view of the lack of environmental information, there is uncertainty about the effect of the proposed surface water drainage arrangements on the health of trees which may be an important feature of the Glen Wyllin Conservation Area.
• 4. There is evidence that the application site has previously been flooded, and could be vulnerable to future flooding. However, no flood risk assessment has been submitted, contrary to Environment Policy 10 of the Isle of Man Strategic Plan 2016.

4.2 The officer report for the above-referenced application noted that the site has been in tourist use for some time, however there were no recent planning applications considered to be of material relevance to the assessment of this application. - 4.3 Whilst no recent applications are present for the site which are considered to be of material relevance (2017 application aside), there are a number of historic permissions relating to the site which have not been referenced by the previous case officer or indeed the assigned Planning Inspector.

4.4 Such planning history has since come to the attention of the Department and has been outlined in the agent's planning statement accompanying this submission, and includes the following:

• - IDO 21576 - approval in principle granted for use of the site as a holiday chalet park approved in 1965 (not implemented)
• - IDO 23116 - approval in principal for the layout of 178 dwellings for tourist use with a restaurant, public house, shops and swimming pool - approved in 1967 and renewed until 1974 (not implemented)
• - IDO 23117 - full approval for 39 dwellings for tourist use - 1967 (not implemented)
• - SP 754(42) - approval in principle for the erection of holiday chalets, shop, manager's officer and sanitary accommodation - approved in January 1979
• - SP 754(42.1) - approval in detail of matters covered in previous approval in principal approved in March 1979

4.5 Additional planning history for the site exists as noted in the agent's planning statement, but is considered to be of less material relevance. Such permissions do however make reference to Glen Wyllin campsite (i.e. PA's 89/01824/B and 90/04020/B). - 4.6 With respect to the permissions from 1979, it is unclear whether these were appropriately implemented or not. The agent does note the following in their statement with respect to SP 754(42.1):

"This decision was subject to 18 conditions, some of which required the completion of the development within 12 months, certain facilities to be provided in accordance with the requirements of other authorities (Chief Fire Officer, Chief Public Health Inspector, Michael Village Commissioners, Isle of Man Highway and Transport Board); no camping was approved within the area shown black and unhatched and extending to the shore beyond 31st December 1979, adequate car parking is provided for campers and the public and suitable portable toilets are provided.

Also within this microfiche under the reference 754(42.1) the Special Planning Committee stated in a letter dated 12.02.80 that the Attorney General advised that:

"In my view, the Local Government Board seek a further change of use. The 'unhatched' area reverted to natural glen after 31st December, 1979 (save for the TT and MGP weeks). A fresh planning application should now be made for the change of use of the 'unhatched' area to a camp site suring [sic] the periods of the year outside TT and MGP weeks. Presumably the change of use, to be applied for, would be for a permanent change of use".

754 (62). Again, a separate microfiche for this has not been able to be located but within 754(42) there appears an application form for the change of the site from camping site use approved during the TT and MGP periods to camping site through the season in common with other area of the Glen approved for this purpose and the application form refers to previous application 754(42.1) approved on 14.03.79). This states that "the operation of the Glen as a camp site during the 1979 season proved to be successful and it is request that use may be made of the area delineated black during the whole of the season in 1980 and in succeeding years. If approved, this would bring the approval for the whole of the Glen into line with the approval already granted in respect of the area delineated and hatched black." It is not clarified what "the season" is."

- 5.0 PLANNING POLICY

5.1 Kirk Michael Local Plan (1994)

• In terms of land use designation the application site is zoned under the Kirk Michael Local Plan (1994) as public open space with a recommendation at 4.6 of the Plan that Governmental departments liaise with Michael Commissioners with a view to agreeing a plan for the future development of the facilities and amenities of Glen Wyllin as a matter of priority.
• 5.2 Glen Wyllin Camp Site is further listed at 4.1 of the Plan as a tourist asset which, as noted at 4.5 and together with additional listed tourism assets, should be maintained and reinforced in order to make the best of their combined attraction.
• 5.3 Isle of Man Strategic Plan (2016) The following policies from the Strategic Plan are considered pertinent in the assessment of this application; Strategic Policy

• 1 Efficient use of land and resources
• 2 Development focussed in existing towns and villages

4 Development to protect or enhance setting of Registered Buildings, landscape quality and biodiversity, and not result in unacceptable environmental pollution 5 Design and visual impact

Spatial Policy

• 3 Development within service villages General Policy

• 2 General Development Considerations Environment Policy
• 3 Development to safeguard woodland of high amenity value
• 4 Protection of species and habitats
• 5 Mitigation against damage to or loss of habitats

• 10 Development and flood risk 22 Protection of environment and/or residential amenity from pollution 24 Environment Impact Assessments

• 35 Development within Conservation Areas 42 Designed to respect the character and identity of the locality

Business Policy

• 11 Tourism development to accord with sustainable development objectives

Recreational Policy 2 protection of open space or recreational facility

• 4 Requirement for public open space

Transport Policy

• 4 Highway Safety

• 7 Parking Provision
• 8 Requirement of Transport Assessment for major development

Infrastructure Policy

• 5 Water conservation and management

5.4 Draft Area Plan for the North and West (2020)

• 5.4.1 A draft written statement was produced for publication in June 2022 following preliminary publicity throughout 2021. The draft plan went out for consultation on 24th June 2022, which included a number of drop-in centres throughout July, and finally closed on 16th September 2022.
• 5.4.2 Within the draft document, Tourism Proposal 4 makes specific reference to Glen Wyllin, and states the following:

"Any development proposals to improve the existing infrastructure at Glen Wyllin and Glen Helen to strengthen these as tourist accommodation and visitor assets which may include the construction of parking areas and other space re-configuration, or enhanced or new associated facilities will generally be supported. Development proposals must not over intensify the primary approved uses of these tourist assets or harm the natural environment and landscape character within which these facilities operate."

• 5.4.3 It is recognised that the above Plan is still in draft form and therefore subject to further amendments, has not been through a Public Inquiry or submitted to Tynwald for approval. Presently therefore, only limited material weight can be attached to this document, which at present does not form part of the adopted Development Plan for the Island. That being said, this document is useful insofar as it seeks to reinforce the continued operation of Glen Wyllin campsite, whilst noting that enhanced or new facilities will generally be supported, provided they would not result in an over intensification of use of the site or impact upon the natural environment and landscape character.

5.5 Conservation Area Appraisal (2006)

• 5.5.1 The Glen Wyllin Conservation Area Order 2006 came into operation on 01/08/06 and includes the hamlet, campsite and the trout farm. The Character Appraisal which supported this order includes a brief history, including the following (paragraphs 2.5 - 2.7)

• - "The west of the Island was for the first time effectively opened up to visitors. In 1890, Glen Wyllin was opened as a pleasure resort, and a footpath constructed to the glen from Kirk Michael station enabled visitors to reach the glen in a matter of minutes. An account written at the time stated: "Glen Wyllin is comparatively unknown with its plantations, arbours, summerhouses, seabathing, freshwater lake, tennis courts, bowling green, croquet, swings, hobby horses and other games. It has also has a well-appointed refreshment room. Glen Wyllin is remarkable for its picturesque beauty and so genial and invigorating is its air that it has been called the Madeira of the North".
• - "In 1935, the Isle of Man Railway Company purchased the pleasure grounds for £1,200 and further developments were undertaken, including the excavation of the boating lake. With the outbreak of the Second World War, the pleasure grounds were closed down, but when they reopened the post war period proved to be their most successful ever".
• - "When the railway closed in 1965, the fate of the glen was sealed and it was offered for sale the following year. After some years in private ownership, during which the glen subsided into dereliction, it was eventually acquired by the Manx Government for a figure of £28,000, £16,000 more than they could have purchased it for some 12 years earlier. Ownership was transferred to the Forestry Board in 1979, and it is now maintained as a Manx National Glen. An extensive area is used as a campsite with associated facilities, including a children's playground and at the seaward end of the glen is a trout farm".

• 5.5.2 Section 4 discusses Building Types and Styles within the Conservation Area, paragraphs

4.17 and 4.18 are set out below.

• - The campsite has two buildings, the first being the office and shop, which is constructed in stained timber in the form of a log cabin and has a concrete interlocking tiled roof. There are brown uPVC shutters that cover door and window apertures when the premises are not in use. This property harmonises very well with its surroundings".
• - "Beyond the campsite office is the ablution block. This is a white-cement rendered building, with a concrete interlocking tiled roof that features differing pitches to the front and rear roof sections. This building, too, is fitted with brown uPVC shutters to the front elevation. The building can at best be described as ugly and does not at all harmonise with its surroundings".

• 5.5.3 Section 9 of the appraisal discussed Open Space, Green Areas and Trees, paragraphs 9.1 and 9.2 and 9.4 are set out below.

• - "It is considered that the qualities of the designated area under this heading, are probably the most important reason for its designation. Dealing firstly with the western portion of Glen Wyllin, where there are extensive open green areas that are variously used as the campsite and for recreational purposes".
• - "During the winter months when the campsite is not operational, these are clear of tents and uncluttered. In summer months the glen comes alive, as a variety of tents and motor homes take up sites so their occupants can enjoy the natural beauty of the glen. Also in this portion of the glen is the Clearwater Trout Farm, which by nature of its operation is extensively open and green. As is typical of any fish farm, the plant and apparatus is not pleasing to the eye, but nevertheless is not particularly unsightly and is not clearly visible from within the glen".
• - "It is particularly important that any development taking place should be well away from the field boundary closest to Glen Wyllin, in order to protect the view to the skyline that has been badly affected to either side of the dismantled railway on the northern boundary of Glen Wyllin. On two sites, two-storey dwellings have been built far too close to the edge of the glen resulting in the upper floors of the dwellings overlooking the glen. This could have been avoided totally if single-storey dwellings, or more sympathetically positioned properties had been built".

• 5.5.4 Section 10 deals with Prevalent and Traditional Building Materials, Textures and Colours, paragraph 10.4 is set out below.

• "It is important to consider that Glen Wyllin has not been designated as a conservation area due to the outstanding architectural qualities of the properties contained in it, but rather due to the natural environment provided by the open green areas and trees. Whilst there is a mix of architectural styles, the majority of these properties do not significantly detract from the qualities that designation seeks to conserve".

• 5.5.5 Section 12 deals with Negative Factors, paragraph 12.9 is set out below.

• "At the seaward end of the glen, the campsite has two main buildings. One is of timber construction and is considered to integrate well into its surroundings. However, the earlier building that contains the shower block is unsightly and does not harmonise well with its surroundings".

• 5.5.6 Section 13 identifies Neutral Areas within the Conservation Area, paragraphs 13.1 and 13.2 are set out below.

• - "The few signs relating to the campsite, as previously stated, can be considered neutral".
• - "The children's playground within Glen Wyllin contains modern play equipment, and this area again is considered to be neutral".

• 5.5.7 Section 14 identifies areas for management, paragraph 14.5 is set out below.

• "The ablution block to the campsite is incongruous and harmonises poorly with both the adjacent log-cabin style building and the natural beauty of this part of the glen. It is a particularly ugly building, which is of no merit and would benefit from sympathetic redevelopment or replacement".

5.6 Planning Policy Statement 1/01: Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man

• 5.6.1 This PPS was adopted in 2001. Policy CA/2 Special Planning Considerations states:

"When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected".

- 6.0 REPRESENTATIONS

6.1 Michael Commissioners - No objection (09.03.23) - 6.2 Highways Services - Development would have no significant negative impact upon highway safety, network functionality and/or parking (15.07.22). - 6.3 DOI Flood Risk Management - No objection, subject to condition requiring that the flood bund must be constructed to the details on "Glen Wyllin Campsite, Details of proposed flood bund around lower camping field September 2022" and that the Flood Contingency Plan is implemented. (17.10.22) - 6.4 Ecosystems Policy Officer - The Ecosystem Policy Team can confirm that the Manx Wildlife Trust's Preliminary Ecological Appraisal report for Glen Wyllin dated November 2021, is all in order and a suitable level of assessment has been undertaken.

We recommend that the mitigation measures detailed in section 6.1 of the MWTs PEA are secured as a condition on approval.

In regards to the protection measures to prevent pollution of the stream, these should be agreed with a member of the DEFA Inland Fisheries Team prior to works taking place. Works should not take place between February and mid-July.

We also recommend that a separate condition is secured for a Schedule 8 invasive plant removal plan to be provided to Planning for written approval prior to works taking place, in order to ensure that the Schedule 8 plants present on site, particularly Japanese knotweed, are not spread and ideally are entirely removed from site during the works.

Drawing 107C 'Areas Marked Up in Detail' contains details of where and what type of lighting is to be installed around the cabins. The drawing shows that downward pointing bollard lighting is to be used, and this is in compliance with recommendations from the UK Bat Conservation Trust, and mitigation measures specified by the Manx Wildlife Trust and the Manx Bat Group. We therefore request this lighting type is secured as a condition on approval and that should any changes to the lighting type or any additional lighting be required then details must be submitted to Planning for written approval prior to installation. (01.08.22)

6.5 Registered Buildings Officer - No objection, development would pose a neutral impact on the character of the Conservation Area.

The Glen Wyllin Conservation Area is essentially divided in to two distinct areas. The A4 road from Kirk Michael to Peel along the coast, constructed in the 1830s, split the small hamlet of dwellings on its eastern side from the wider glen area on its western side. Prior to the road's construction, the road from the village turned left (east) at the bottom of the hill, mounted the steep southern slope of the glen and passed through Ballacregga Farm before it rejoined the current route south.

The area subject to this application is the western portion of the conservation area. This area was opened as a pleasure resort in 1890 as a tourist destination for holiday makers using the Manx Northern Railway, which had opened in 1879. The resort had various facilities including tennis courts, a bowling green, children's play equipment and a refreshments room. Parts of the western portion of the conservation area have been used as a campsite since the latter part of the 20th century, a use that was in place when the area was designated as a conservation area in 2006.

• As a former Victorian pleasure resort and a campsite at the time of designation, the proposed continued use of this portion of the conservation area as a campsite is considered to preserve the special character of the area. The proposed installation of pods, yurts and cabins is not judged to have a negative impact on the conservation area's character.

It is noted that the various camping accommodations all propose to use natural timber as a wall finish, which is welcomed. Any proposed alteration of this finish to an alternative synthetic product should not be permitted in order for the area's character to be preserved. (15.08.22)

Having reviewed the information and noting the comments of the Inspector's recommendation in relation to application 17/00386/b it remains my view that the overriding character of the application site is that of a camp site, this use has been in place prior to the designation of the conservation area. All the proposed timber structures are single storey, the larger cabin type buildings will be located against the back drop of housing upon the higher ground behind. It is not unusual to see timber pods and cabins within campsites, and as long as the site is not exclusively filled with timber structures, I do not consider the proposals will change the character of the area which is that of a campsite. I therefore do not object to the proposals on heritage grounds.

I would suggest that in order to minimise any potential impact that the proposed structures cannot be used as permanent homes. (29.08.23)

6.6 DEFA Fisheries - No objection (08.09.22) - 6.7 DEFA Forestry - I have had a read through the arb advice and I am satisfied that all the proposed amendments in there would significantly reduce the chance of any harm occurring to the trees. I haven't time at the moment unfortunately to check over the other plans and

planning statements to check they all align with the recommendations, but if they do align I would have no issue with this application. I recommend all the proposed mechanisms to alleviate harm to trees be made a condition of approval, so that would be:

• 1. The tail drains being positioned as described in 1(a) (numbers correspond with the arb report).
• 2. The drains being aligned as in 2, and the implementation of no-dig zones, defined by some form of physical barrier, as in 2.
• 3. Type B cabins being constructed in a manner that minimises the excavation by raising the structures up on stilts, and the implementation of temporary ground protection across the root protection area of adjacent trees for the entirety of the construction process.
• 4. The drain being aligned as in 4 and the implementation of the no-dig zone, defined by some form of physical barrier, as in 4.
• 5. That no pods are to be installed within the 5m clearance zone that is defined in the 'other potential issues' section. (30.08.23)
• 6.8 Manx Utilities Authority - Manx Utilities have no comments to issue. However, if you wish to make any connections on to the public drainage systems then this would need to be discussed with MU in advance. (17.05.23)

6.9 Visit Isle of Man - Glen Wyllin Campsite is a long-established registered campsite and according to Department records, has been registered for over 13 years. The 2022 registration form shows that the campsite currently operates April - September and offers 36 pitches with electrical hook-ups, 120 pitches without electrical hook-ups and 36 motorhome pitches with electrical hookups. The campsite is currently achieving a 3-star grading.

Glen Wyllin is one of three permanent campsites in the west of the Island and offers range of facilities including washing and drying facilities, camp shop and children's playground.

The Visit Agency's Visitor Accommodation Transformation Consultant has met with the applicants at the site to gain an understanding of the proposal. The applicants are looking to introduce glamping units, camping pods and the BBQ hut in order to attract a broader range of customers, including from the UK; boost midweek trade; and extend their operating season through the introduction of weather-proofed accommodation units.

Key priorities as identified in the Non Serviced Accommodation Study (7.2.13.) for glamping developments on the Island are wind-proofed, heated units that can be used into the colder months. The study also suggests there is potential for campsites to add a few more camping pods as it helps to extend the season (7.2.21). Therefore, the provision of additional year round accommodation and improvement of facilities is a welcome enhancement to the site.

The Officers are satisfied that the proposals are consistent with the Visitor Accommodation Transformation Programme of the Our Island, Our Future Visitor Economy Strategy 2022-2032 in terms of achieving a higher quality non-serviced accommodation offer that will help to boost off-peak demand and attract new visitor markets to the Island. (24.08.22)

6.10 Two letters of representation have been received from local residents raising a number of points of concerns. The full content of their representations can be found in the online public file, however a general summary of key points raised are listed as follows:

• - This application has already been submitted and rejected so question why a duplicate application is being considered;

• - The application encroaches onto the neighbours land as the boundary lines were incorrectly submitted by the applicant;
• - The applicants have detailed a bridge as point of access to my land where there has never been a right to walk. This land is privately owned and not the property of the forestry commission;
• - The proposed development will lead to various degrees of loss of amenity for the user public, to the gain of the applicant;
• - The entire Glen is absent from the 'Area Plan for the North and West' currently being worked on, meaning that this is not able to be referred to for guidance or support;
• - The proposal for 8 moveable camping pods does not mean that they will be 'moved' or where to, if they are moved - elsewhere within the Glen?
• - The public open space area below the amenity block and near the shore is used widely during the winter months and indeed when unoccupied by tents, even during the season;
• - Placement of structures which remain in place means less public open space for Glen users generally regardless of any actual occupation;
• - To lose the use of this open space throughout the year would be quite a loss of public amenity, with the 5 cabins and barbecue structure area as proposed will be permanent year round structures, again on a well-used and popular walking route from the Glen back up into the village via the Shore Road footpath;
• - The introduction of 2 yurts and a further 2 cabins on the north side of the upper Glen will lead to an effective restriction on access previously enjoyed over the winter months or out of season;
• - Structures will be highly visible from all directions once leaves have fallen from the trees unless sympathetic roof and wall colouring are used;
• - The footpath down from the village side of the heritage trail and across the Glen is shown incorrectly on the submitted plans as to its route and as a section will be shared by pedestrians and vehicles alike, without street lighting and where there is zero visibility.

- 7.0 ASSESSMENT

7.1 The main issues to consider in the assessment of this planning application are as follows:

• - Principle of development
• - Design and visual impact - Conservation area and wider landscape
• - Residential amenity impact
• - Environmental impact
• - Highways impacts and parking

- 7.2 PRINCIPAL OF DEVELOPMENT

• 7.2.1 The application site comprises the majority of Glen Wyllin Camp Site, an established tourist facility which has been in continuous operation since at least the adoption of the Kirk Michael Local Plan in 1994, and likely since the early 1980s. The land in question is zoned within the local plan as open space, with a recommendation in the Plan that the use of the site as a tourist facility be maintained and developed to expand its offering as a local amenity asset. This position is consistent with Tourism Policy 4 of the Draft Area Plan for the North and West and Business Policy 11 of the Strategic Plan (2016).

• 7.2.3 The Inspector who assessed the previous scheme for the site noted that, whilst considering there was a degree of conflict between the site's land use zoning as public open space versus a camp site, the site's present use has become immune from enforcement action due to the passage of time, and its continued use as a campsite would likely continue irrespective of the outcome of the planning application. The Inspector therefore considered that the potential conflict as outlined should not weigh against the application in this instance.

• 7.2.3 Since the determination of the previous application, historic planning history for the site has come to light which was not previously available to the Department. In particular, this includes the grant of planning permission for the use of the whole of the site for camping throughout the season (i.e. not just during the TT and MGP periods) in April 1908 (ref. 754(62). Therefore, the current and continued use of the camp site is considered to not only be immune from enforcement action but lawful following the grant of planning permission for the use of the site as a camp site in perpetuity in 1980. On this basis, it is considered that the principle of development, namely additional works to enhance the offering for visitors to the site, is acceptable.

- 7.3 DESIGN AND VISUAL IMPACT - CONSERVATION AREA AND LANDSCAPE

• 7.3.1 With reference to the previous application at the site, the Inspector considered in their report that the proposed operational development within the site, namely the glamping pods, yurts and log cabins, would detract from the open, undeveloped character of the area. Moreover, unlike tents, caravans and motorhomes, the presence of which would be transitory, the proposed buildings would be permanent. The Inspector in particular considered that the two-storey log cabins would be particularly conspicuous and would not be dissimilar in appearance to small, two-storey dwellings.

• 7.3.2 On assessment therefore, the Inspector disagreed with the Conservation Officer's assessment at the time (who considered the impact of the development to be negligible), considered that the development would fail to preserve or enhance the character and appearance of the area, and therefore would result in a detrimental impact upon the Conservation Area.

• 7.3.3 In response to the Inspector's assessment of the previous scheme, the agent for the current submission has provided the following information and assessment of the revised scheme in the context of overcoming the previous objections:

"The inspector makes reference to the impact of the use where "the presence of tents, caravans and motorhomes (together with campers' vans and other camping paraphernalia) may detract from the open, unspoilt appearance of Glen Wyllin which is a National Glen as well as a Conservation Area) but considers also that, regardless of whether this proposal is approved, there will continue to be use of the site as a camp site and as such, the additional times being sought as a camp site would have a "marginal" effect and the proposal, if approved, would allow control over the number and location of tents, caravans and motorhomes.

The design of the camping cabins and pods has been changed. They are now exclusively single storey, more akin to what may be expected on a camp site and have been designed for the site rather than being 'off the shelf'. The barbecue units are still hexagonal in plan but the other cabins and pods are rectangular and more similar to the dwellings which are also seen in the same vistas, and the main facilities building. We believe that the changes which will result from the proposed new structures will be positive - it should be remembered that if these units were not approved and installed, these areas would be likely to be used by tents and motorhomes which we consider would have a more damaging impact on the character and appearance of the Conservation Area. The camp site operates on the basis that many users bring their own tents and as such, there is often a wide variety of colours, styles, sizes of tents on the site at any one time.

It is important to note that the Conservation Area Character Appraisal acknowledges the presence of the camp site. It is unusual for a Conservation Area to contain so few buildings as they would usually focus on areas which are predominantly built up and whose history is portrayed in their buildings and their architecture. Indeed, the Town and Country Planning Act

1999 provides for Conservation Areas where they are of "special architectural or historic interest and talks of this special character being portrayed in the historic street patterns, variety of uses, use of materials, quality of period architecture, quality and detail of contemporary buildings, survival of building types or features, shop fronts, street furniture, the quality of enclosures, spaces between buildings and vistas along streets, hard and soft landscaping, green open spaces and the presence of water in the landscape. It also refers to "neighbourhood".

Of these characteristics, the camp site area contains relatively few: the Conservation Area was clearly not designated for its architectural quality and its history is predominantly as a public glen which provides access to the beach, which it will continue to do.

The Appraisal specifically discusses the camp site, having two buildings, the cafe building being considered to "harmonise well with its surroundings" and the ablution block which is described as "ugly" and not harmonising with its surroundings. At the time of the Conservation Area designation there was significant intrusion into the vistas from within the glen from the residential developments visible at the top of the northern banks - Cleiy Rhennee, Broogh Wyllin (which is not shown on the Conservation Area map) and The Meadows.

The Appraisal discusses vistas into and within the Conservation Area and other than the trout farm, the intrusion of the two storey houses overlooking the glen and the poor appearance of the ablutions block, there are no adverse vistas noted. The few signs relating to the camp site and the children's playground are considered neutral features. The Appraisal discusses the camp site specifically, noting its appearance in the winter months when the site is devoid of tents and is uncluttered, but describing the summer months as when the "glen comes alive, as a variety of tents and motor homes take up sites so that their occupants can enjoy the natural beauty of the glen". This is not described as a negative feature at all so perpetuating the lively nature of the glen at other times of the year, through the extension of the camping period, should surely not be considered detrimental to the character or appearance of the Conservation Area.

The proposal will not significantly change the appearance of the camp site with the main areas where motorhomes and tents are pitched remaining as is and the location of the cabins largely screened from the principal views along the public highway by trees, topography or the motorhomes. In any case, the proposed structures are considered to be appropriate designed for their location and not to have an adverse impact on the character or appearance of the area and are arguably more attractive than the motorhomes and tents. The camping pods which are to be located to the west of the ablutions block will be visible from the public highway although set lower than the road and flood bund is to be constructed alongside the road which will provide further screening."

• 7.3.4 Initial comments received from the Registered Buildings Officer noted that the site had been used as a camp site for a number of years prior to its designation as a Conservation Area in 2006, and therefore the continued use of the site as such is considered to preserve the special character of the area as noted within the corresponding Conservation Area Appraisal. The officer further considered that the operational development proposed would not pose a negative impact upon the character of the Conservation Area, with the use of natural timber as an exterior finish welcomed.
• 7.3.5 Additional comments were subsequently sought from the Registered Buildings Officer in the context of comments made by the Inspector in their assessment of the previous scheme. The officer stated that it remains their view that the overriding character of the application site is that of a camp site, and this use has been in place prior to the designation of the Conservation Area. It was noted that all of the proposed timber structures are single storey,

• with the larger cabin type buildings to be located against the back drop of housing upon the higher ground behind. It was noted as not being unusual to see timber pods and cabins within campsites and as long as the site is not exclusively filled with timber structures. The officer therefore did not consider that the proposals will change the character of the area which is that of a campsite, and therefore maintained their 'no objection' to the proposals on heritage grounds.
• 7.3.6 In light of the above comments received and consideration of the proposed operational development within the site, it is the view of officers that the proposals would not result in a detrimental impact upon the special character and appearance of the Conservation Area. Whilst it is appreciated that the proposals would introduce additional permanent development within the site, such proposals would reduce the number of pitches currently available. The character and appearance of the site for much of the year is that of an established camp site, which includes an eclectic range of tents, caravans and motorhomes. Therefore, the development of modest structures as proposed would, in officer's opinion, do little to add to the intensification of use or activity at the site, whilst introducing a modest number of well-designed structures that site comfortably within the site.
• 7.3.7 Likewise, such development would not be readily apparent from key vistas outside of the camp site itself, and indeed only be visible within the context of the site. The inclusion of such structures, as further noted by the Registered Buildings Officer, is not uncommon within established camp sites, such as those within the UK, and it is therefore not considered that such development would appear alien or obtrusive in this context.
• 7.3.8 No concerns are raised from a design perspective over the modest rear extension to the existing shop building and erection of 2 no. sheds to the immediate east.

• 7.3.8 Consequently, it is considered that the proposed development is acceptable from a design and visual impact perspective, with the changes to the proposed operational development deemed sufficient to have successfully overcome previous concerns and objections held by the Inspector in relation to the previously refused scheme. The proposals are therefore considered to be in conformity with the relevant policies of the Strategic Plan (2016), namely Strategic Policy 5, General Policy 2 and Environment Policy 35.

7.4 RESIDENTIAL AMENITY IMPACT

• 7.4.1 The site has been in continuous use as a camp site for a significant period of time, with the only element of the proposals likely to pose any material impact at all comprising the 5 no. cabins proposed on a plateau within relative proximity to the residential property of Glenside, at the base of Gorse Bank, together with properties at the top of the bank within Shore Road and Cleiy Rhennee.

• 7.4.2 The current proposals are broadly similar to those previously considered in 2017/18, whereby the development was not considered to result in a significant detrimental impact upon the amenities of surrounding residential properties; both by the case officer and the Inspector. This was in large part due to the established use of the site, and indeed the plateau in question on which the 5 no. cabins and BBQ area would sit is already frequently occupied by tents during a large part of the year. Whilst the proposals would introduce permanent structures in this location, the use and occupancy of such cabins would be largely equivalent to the current situation and therefore any noise/activity associated with the cabins would be largely comparable.

- 7.5 ENVIRONMENTAL IMPACT

• 7.5.1 The previous application was in part refused on the basis that an Environmental Impact Assessment (EIA) did not accompany the application, with insufficient environmental information (i.e. flooding, drainage and arboricultural impacts) having been provided.

• 7.5.2 The submission of an EIA is required for the development of new permanent camp sites in the Isle of Man, as required by Environment Policy 24 and Appendix 5 of the Strategic Plan. The current application is noted as being accompanied by an EIA of sorts, albeit arguably not as robust as might typically be expected. Nevertheless, the proposals have been accompanied by information the Department considers to be sufficient in assessing the application with respect to all relevant planning matters which came out of the scoping exercise, particularly in relation to Conservation Area impact, drainage, flooding, arboriculture and biodiversity.

• 7.5.3 Notwithstanding this however, following the identification of historic planning history for the site subsequent to the previous refusal of planning permission, the use of the site as a camp site has been confirmed as lawful by the previously referenced 1980 planning permission in conjunction with previous history. Consequently, the proposals do not amount to the creation of a new permanent camp site, and therefore the submission of an EIA is not required in any case; both from a planning policy and legal perspective.
• 7.5.4 Turning to the issue of drainage and potential impact upon existing trees within the site, the applicant has now provided a technical advice note and corresponding photographs produced by Manx Roots. This document provides an overview of potential arboricultural impacts as a result of the proposed drainage and corresponding mitigation measures. Such information has been reviewed by the department's tree officer and deemed acceptable, subject to the inclusion of conditions attached to any forthcoming decision notice and listed in their consultation response.
• 7.5.5 Consequently, the previous reason for refusal on this aspect due to a lack of submitted information (i.e. refusal reason 3), is now considered to have been successfully overcome.
• 7.5.6 Likewise, no concerns have been raised by the Flood Risk Management (FRM) division of the Department of Infrastructure following the submission of a flood Risk Assessment, a Wet Weather and Flood Contingency Plan and detail of a proposed flood bund around the lower camping field. This is subject to the construction of the flood bund as per the submitted details and implementation of the flood contingency plan. On this basis, the level of information submitted in this respect is considered to be acceptable and overcomes the corresponding reason for refusal (no. 4) attached to the previous decision notice.

7.6 HIGHWAYS IMPACTS AND PARKING

• 7.6.1 No concerns were raised by the Inspector with respect to the previous application in the context of parking and highway safety matters, with no issues raised in the case of this application by Highways Services. The application site is already in operation as a lawful camp site, with the proposed operational development unlikely to result in a material uplift in traffic associated with established operations at the site. This is particularly notable given the proposals would result in the reduction of 40 tent pitches and 10 caravan/motorhome hook-up points, which is balanced against the introduction of the 8 camping pods, 7 log cabins and 2 yurts.

- 8.0 CONCLUSION

8.1 The application relates to DEFA owned land and the Department would benefit from the application being approved. The application will be considered by an independent Inspector who will make a recommendation to the Council of Ministers to determine the application. This

report is intended to set out the key issues and considerations, but no overall recommendation is made as to whether planning approval should be given.

8.2 The report sets out a number of issues which could be addressed by condition, in the event that approval were given. A full set of potential draft conditions is included which reflects these.

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

- C 2.

At no time shall the numbers of units on-site exceed: 60 of caravans or motorhomes (in total); 120 tent pitches; 2 yurts; 87log cabins; and 8 camping pods.

Reason: To ensure the development takes place in accordance with the approved plans.

• C 3. Nobody shall be permitted to stay overnight on the site outside the months of April to September (inclusive), with the exception of the 5 no. log cabins located in the northern portion of the site and associated BBQ area, whereby overnight stays of persons are permitted between the months of April and December (inclusive).

Reason: To ensure the development takes place in accordance with the approved plans and that the site is not used as permanent accommodation, and in the interest of local amenity (as the light impact from individual units would be greater during the winter months with reduced vegetation and darker evenings) and in the interests of minimising flood risk (as the likelihood of flooding is potentially greater during the winter months).

• C 4. No touring caravans shall be stored on the site outside of the months of April to September (inclusive), and no static caravans shall be brought onto the site at any time.

Reason: To ensure the development takes place in accordance with the approved plans, to ensure that the site is not used as permanent accommodation, in the interest of local amenity (as the visual impact/light impact from individual units would be greater during the winter months with reduced vegetation and darker evenings) and in the interests of minimising flood risk (as the likelihood of flooding is potentially greater during the winter months).

• C 5. Prior to the occupation of development, the flood bund must be constructed in full accordance with the approved details, dated September 2022, and therefore retained and maintained in perpetuity. Reason: In the interests of safeguarding the site from flooding.

• C 6. The approved Wet Weather and Flood Contingency Plan dated April 2022 shall be implemented in full and in perpetuity. Reason: In the interests of visitor safety.
• C 7. The mitigation measures outlined within section 6.1 of the Preliminary Ecological Appraisal produced by Manx Wildlife Trust, dated November 2021, shall be carried out in full accordance with such details. Reason: In the interests of safeguarding biodiversity.
• C 8. All external lighting within the site shall be erected in accordance with approved drawing no. 107D, and in particular shall only comprise downward pointing bollard lighting as per the recommendations of the UK Bat Conservation Trust and specified mitigation measuring within section 6.1 of the submitted Preliminary Ecological Appraisal by Manx Wildlife Trust, dated November 2021. Further details must be submitted to the Department for approval in the event that a different lighting type is to be used or additional lighting is to be introduced to the site. Reason: In the interests of safeguarding biodiversity.
• C 9. The approved development shall be constructed in full accordance with the recommendations and mitigation measures identified with the submitted Arboricultural Advice document by Manx Roots, dated 6th February 2023, and the accompanying Referenced Photos document. Any deviation from the identified recommendations and mitigation measures must be submitted to the Department for approval in writing. Reason: To safeguard the health and vitality of retained trees within the site.
• C 10. All log cabins, yurts and camping pods hereby approved shall not be used or occupied other than for the purpose of short-term holiday let accommodation and shall not be used as separate dwellings. They shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any calendar year.

Reason: To application has been assessed on the basis of providing tourist accommodation only with any deviation in use requiring further assessment against adopted planning policy.

• C 11. In the event that the use of the development hereby approved ceases for a period exceeding

• 36 months, the site shall be reclaimed, within a period not exceeding 30 months of the cessation, in accordance with details which have first been approved in writing by the Department which shall include the removal of the 8 camping pods, 7 log cabins, 2 yurts (and associated structures).

Reason: To ensure that the site is reclaimed in the event that the use ceases, to protect the Conservation Area and wider landscape.

Plans/Drawings/Information on which recommendations have been based and upon which any approval should rely. This approval relates to the following drawings and document:

• 103 - type A cabins
• 104 - type B cabins
• 105 - camping pods
• 106 - proposed BBQ area

• 109 - proposed shop alterations
• 110 - proposed yurts
• 111 - type C cabins
• 112 - visibility splays
• 113 - proposed sheds Flood depth document Flood Risk Assessment Manx Bat Group technical note Planning Statement Transport Statement Preliminary Ecological Appraisal Received 27.07.22

Flood bunds details Received 15.09.22

• 101 RevA - revised location plan
• 102 RevD - revised site plan

• 107 RevD - marked up areas in detail
• 108 RevC - area of uses plan Arboricultural Advice document and reference photos Deed map Received 03.03.23