Planning Officer Supplemental Statement

Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF

Email: [email protected] Tel: (01624) 685906 Fax: (01624) 686443

Director of Planning and Building Control M.I. McCauley, M.R.T.P.I.

Please reply to Miss Sarah Corlett, BSc (Hons) MRTPI, Planning Officer Our Ref: SEC/07/2055 15th September, 2008

Mr. A. Johnstone, Planning Appeals Administrator, Crown Division, Chief Secretary's Office, Government Offices, Douglas, IM1 3PG.

Dear Mr. Johnstone,

Re: PA 07/2055 – reserved matters application for the creation of a football ground with associated facilities to include alterations to Cubbin’s Bridge, demolition of barns within field number 421449 and provision of a shared surface carriageway between Croit-e-Cubbon and the railway line, field 424828 south of Colby Station, Station Road, Colby, Arbory

1. Further to my letter of 18th August, 2008 and accompanying statement, I understand that an extension of time has been granted for the submission of statements until 25th September, 2008. I therefore submit further information which addresses the recent appeal decision in respect of the sister application, PA 08/2056 for the creation of training and other facilities alongside Main Road. The appeal decision is attached at Appendix One. The appeal decision relating to the approval in principle is attached at Appendix Two and the plans relating to that application at Appendix Three.

1. It should be noted that in the previous appeal it was accepted that reference to the bridge at the northern end of Station Road should be to Cubbin’s Bridge, not Cubbon’s Bridge.

1. This decision is relevant in a number of respects. Firstly, the Inspector makes it clear at paragraph 65 that matters which have already been discussed and decided in the approval in principle are no longer matters to be determined at the stage of consideration of the reserved matters. In this case, the principle of the establishment of football pitches and clubhouse was permitted under PA 05/02127 and as such this principle is no longer an issue for consideration. However, the proposal differs from the proposal which was shown and approved in principle and as such, it is entirely appropriate to be able to comment on the scheme insofar as it differs from the approval in principle as indeed the Planning Committee has done.

1. The recent decision in respect of the training facilities also illustrates that any development

now proposed which was not within the site defined in the approval in principle cannot be considered in any application for reserved matters. In the case of the application for the reserved matters for the training pitches, this related to the proposed alterations to Cubbin's Bridge. In the case of this present application for the reserved matters relating to the playing pitches and clubhouse, the same issue is raised insofar as the plans submitted in respect of the approval in principle did not include any land outside the site of the proposed playing fields, clubhouse and access. As such, the proposals for the alterations to Cubbin's Bridge as proposed in this application for reserved matters cannot be considered as this part of the site, alongside Main Road was not included in the site defined in the approval in principle.

1. The inspector also makes comments on the proposed alterations to Cubbin's Bridge, stating that "although the bridge is not registered, and its southern parapet is outside the Conservation Area, it is nevertheless a structure of some antiquity, and is clearly cherished by a number of people" (paragraph 74) and goes on to conclude that planning permission would be required for the alterations proposed in that application, which are essentially the same as those proposed in this application. The inspector recommended that the application should be approved but that the proposals for Cubbin's Bridge are not considered part of the proposal and that the matter of access is not approved and would need to be covered by a new application.

1. It is recommended that in the case of this appeal, the same approach is taken in respect of the proposed alterations to Cubbin's Bridge – ie, that they are not considered as part of the application for matters reserved from PA 05/92127. If the appeal is successful and the application is recommended for approval, it would be possible to reiterate the same condition as was applied at the approval in principle stage – ie "The development shall not begin until visibility splays of at least 70m x 2m x 70m at the junction of the A7 and Station Road have been provided in accordance with a scheme which shall have been first submitted to and approved in writing by the Planning Authority. Such scheme shall include the arrangements to ensure the retention of those vision slays and arrangements for pedestrian safety in respect of the lowering of parapet/coping on Cubbon's Bridge [sic], including railings, if necessary" (condition 3).

1. The appeal in respect of PA 07/2056 is also relevant in that the inspector states at his paragraph 67, "I also support the use of the proposed building as imposed by Condition 8 of the reserved matters approval. The building as now proposed is substantially larger than was indicated in the application for approval in principle. It could potentially accommodate a range of activities that go beyond the management and operation of the football club. Examples discussed at the inquiry included use as a training facility for local schools; or use as administrative offices for junior soccer throughout the Isle of Man. It seems to me that unless control is exercised by the Planning Authority, the proposed facilities could be rented out for purposes that might affect the character of the site, generate considerable additional traffic, and have an adverse impact on amenity. It would of course be open to the club to apply for approval of specified additional uses for the accommodation".

1. This is relevant in that the club already have additional space in the new training facility building in which they may accommodate additional uses which are relevant to the operation of the football club, which results in even less need for the clubhouse to be as large as is now proposed.

1. The applicant has submitted a letter to the Planning Officer, dated 12th September, 2008, which is attached at Appendix Four. This letter deals with the off-site works, which are addressed above. The letter also states "The Planning Committee resolved to approve the application [at its meeting of 20th May, 2008] subject to receiving some clarification of the

proposed uses by the Appellants. The first meeting of the Planning Committee to consider the application was actually 30th May, 2008 and the Planning Committee did not resolve to approve the application, rather, the minutes state (Appendix Five) "The Committee accepted the recommendation of the case officer but agreed to defer approval pending detail from the applicant regarding the intended activity at the clubhouse and their recognition of any neighbour concerns".

1. The applicants confirm in their letter of 12th September, 2008 that they accept the proposed condition included in the Planning Officer's report that "The clubhouse building may only be used for purposes associated with the running of the football club which play on the pitches within the site" and that any other purposes not covered by this condition or the approval in principle should not be considered as part of this appeal.

1. Notwithstanding the drafted condition, the Planning Committee is concerned that the proposed building is of such a size that, whether the applicant proposes the use of the space for other purposes outside times when it is used in accordance with the condition, it would be difficult to resist future applications for alternative uses on account that the space is already there and was permitted as such with the full knowledge of the Planning Committee.

1. As a comparison with another relatively new football clubhouse, details are provided at Appendix Six of Union Mills FC's facilities at Ballaoates in Braddan. This building is entirely single storey and contains a function room is 12m by 9m (excluding the bar, cellar and snug) with a conservatory at the rear of the room which adds a further 3.5m by 10m. The application function room, excluding kitchen, servery and store is 17.5m by 10 (less 6.25 sq.m of store which encroaches into the function room. The Union Mills building is arranged in an L-shape as well as having a smaller floor area, thus reducing its ridge height.

1. The Planning Committee would as such, recommend that the application for the matters reserved from PA 05/92127 for the creation of clubhouse and playing fields, should be refused for the reasons set out at appeal, relating to the size of the proposed clubhouse and the likely traffic generated by the use of the building.

Yours sincerely,

Miss Sarah Corlett Planning Officer