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Application No.: 07/01840/B Applicant: Tynwald Mills (IOM) Limited Proposal: Erection of a marquee Site Address: Tynwald Mills St Johns Isle Of Man IM4 3AD Considerations Case Officer: Mr Ian Brooks Expected Decision Level: Planning Committee Written Representations Lower Ballig Tynwald Mills St JOhns IM4 3AF Objects to the proposal Increase in traffic Out of character Too much noise Mill House Tynwald Mill St Johns IM4 3AF Objects to the proposal Minerva Cottage Tynwald Mills St Johns Isle Of Man Objects to the proposal Consultations Consultee: Highways Division Notes: Do not oppose Consultee: German Parish Commissioners Notes: No objection Consultee: Chief Fire Officer Notes: Note to be included
SITE The application site is the Tynwald Mills Craft Centre complex situated south of the River Neb and east of the Glen Mooar Road. To the north of the application site is the Poortown Road and the
4 February 2008 07/01840/B Page 1 of 5
residential property of Lower Ballig. To the east of the application are the residential properties of Mill House and Minerva.
This application is seeking planning permission for a proposed marquee which is to be erected on part of a field that is used as the overflow car park for Tynwald Mills. It will be situated at the eastern end of the field, close to a children's play area and an adjoining café. The marquee will be 30.9 m in length and 9 m in width. The height of the marquee will be 3.938 m to the ridge.
Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 3, Business Policy 10.
Business Policy 10 states that "Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5".
The Isle of Man Planning Scheme (St John's Local Plan) Order 1999 zones the area as an area of open space, in particularly as registered woodland.
Policy C/P/3 of the Local Plan states that "Apart from minor alterations to and renovations of existing buildings to tourist/craft uses, no further buildings to tourist/craft use, no further building shall be permitted at the Tynwald Mills Centre"
The following previous applications are considered relevant in the consideration of this application: PA 00/01824 - Erection of marquee for summer periods (Easter to October inclusive) for mixed usage - granted at appeal on 6th November 2001.
The Highways Division of the Department of Transport do not oppose the application. Standard comments have been received from the Isle of Man Fire and Rescue Service. The occupiers of Minerva Cottage have no objection to the occasional erection of a marquee but object to a semi-permanent erection on the grounds of noise, light pollution and traffic generation. In addition, they consider that there is no need for another venue for functions/catering facilities, and the area should be retained as open space to avoid further urbanisation of the valley.
The occupiers of Mill House have objected to the application on the grounds that it is a semipermanent building and will bring in more traffic and increase noise.
The occupiers of Lower Ballig object to the application on the grounds of traffic, and that the marquee is merely an extension of the retail element of centre which is more suited in size to Douglas town centre. In addition they consider that the marquee would be out of place and extremely unsightly and they raise concerns regarding noise and light pollution. Furthermore, they consider that the Tynwald Mills complex already have existing facilities for events, exhibitions and promotions.
This application is seeking to reinstate an expired planning permission for the erection of a marquee for the summer periods (Easter to October inclusive). The marquee will be located within an area zoned as open space, particularly Registered Woodland. The previous permission was granted at appeal on 6th November 2001.
At that Appeal, the independent inspector stated "there are a number of factors in this case that lead me to conclude that the proposed marquee is acceptable. Firstly the marquee would only be erected on the land for about 7 months each year. Secondly, a marquee does not have the appearance of a permanent building. Thirdly, marquees are erected on this land during the summer and serve the same purpose as the appeal proposal. Indeed a blue and white stripped marquee, smaller than that proposed in this appeal was on the land when I visited the area. The grant of planning permission would give the Planning Committee control over the appearance of the marquee. A plain coloured marquee would be less prominent than the marquee that was on the land when I saw it. Fourthly, although them [sic] marquee would be seen in a predominantly rural setting and against a backdrop of trees, it would not be visually unacceptable, because it does not have the appearance of a permanent structure".
The inspector also went on to say "In addition, the marquee would not add materially to the level of activity generated by the centre, since it would be used mainly as a "shop window" by existing businesses. Local groups that are associated with the centre would find the marquee a useful facility and would reinforce the social role that the centre plays in the life of the community".
In respect of the car parking, the inspector stated that "Although the car park would lose between 20 and 30 parking spaces, this number represents a small proportion of the total number of spaces that are available. More importantly, these spaces would be available before Christmas, which is the time when the Tynwald Mills centre attracts the greatest number of customers. Consequently, the small loss in the number of parking spaces would only be an issue on a very small number of occasions during the period when the marquee was erected on the land". Furthermore, the Department of Transport have not objected to this current application.
It is considered that the assessment of this current application is essentially the same as the independent inspector's conclusions. It is therefore considered that a refusal would not be sustainable at appeal due to the previous decision.
It is recommended that planning permission be granted subject to conditions in the attached schedule.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
Whilst the Isle of Man Fire and Rescue Service represents a statutory authority, the points raised in correspondence relate to Building Control matters and not planning and as such should not be afforded party status in this instance.
It is considered that all parties who made representations to the planning application comply with the requirements of Planning Circular 1/06 - Determination of Interested Party Status.
In summary, it is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status: German Parish Commissioners Highways Division of the Department of Transport The occupiers of Lower Ballig, Tynwald Mills, St Johns The occupiers of Minerva Cottage, Tynwald Mills, St Johns The occupiers of Mill House, Tynwald Mills, St Johns Accordingly the following parties are not afforded interested party status: Isle of Man Fire and Rescue Service
On 11th January, the Planning Committee determined to defer consideration of this application in order to seek clarification on the intended uses and the hours of operation for the marquee. The applicant has now provided this information.
The applicant has indicated that the proposed use will include Arts and craft exhibitions, performing arts events, promotional events such as fashion shows, product exhibitions such as Horse and Rider "Rug Day", garden machinery displays such as lawn mowers, that is events associated with Tynwald Mills business, community and fund raising events - school ball, hospice care fund raising.
The applicant has for the avoidance of doubt confirmed they are not intending to use the marquee for commercial functions such as wedding receptions or similar functions. All the events will be of a community based nature or ones related to the business at Tynwald Mills.
In terms of the hours of operation, the applicant has indicated that "...it is difficult to be specific by their very nature events are varied in scope and timing". The applicant has indicated "the events would and have operated during the working day sometimes running into the evening for say a fashion show or an arts event, all such events are over usually by ten in the evening at the latest. Occasionally, some of the community events have run over this time, but only very rarely, that is once or twice a year. (For example a School Ball)"
They would be happy to restrict the operating times of the marquee to no later than 10pm routinely and by rare exception till midnight. They also expect to have in the region of two or at most three events a month. Furthermore, they have indicated that they will not host events which included loud music.
On consideration of the additional information, there is some concern regarding the use of the marquee for community and fund raising events, such as a school ball, as this may involve loud music which the applicants have indicated they would not host. This is a contradiction to their aspirations. It is considered that the type of events/exhibitions and the hours of operation can be controlled by planning conditions and it is recommended that planning permission be granted subject to conditions.
Recommended Decision: Permitted
Date of Recommendation: 26.11.2007
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2.
This approval relates to the plans and information submitted as part of this application and date stamped 2nd October 2007.
C 3. The marquee may be erected and used only between Easter and the 1st of October each year. C 4. Prior to the erection of the marquee, details of the colour thereof must be submitted to and approval by the Planning Authority.
C 5. No materials, displays or exhibitions may be positioned outside of the marquee at any time. C 6. The marquee shall not be used between the hours of 10.00 pm and 8.00 am on any day. C 7. The marquee shall only be used only for Performing Arts events, promotional events and product exhibitions in association with businesses currently operating at the Tynwald Mills complex.
N 1. The applicant the advised to consult with the Fire Safety Department with regard to general fire precautions.
Decision Made : Committee Meeting Date :
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