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The application site is the land at Cronk Y Cliwe (scrub field 3143383) adjacent to Ballagarraghyn. The site is located on the northern side of the Coast Road (A10), and is North of Jurby.
The application site is within an area recognised as being an area of 'white land' not zoned for development, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area, however the site is within an area zoned High Landscape or Coastal Value and Scenic Significance.
Isle of Man Planning Scheme (Development Plan) Order 1982 Isle of Man Strategic Plan 2007
Use of Scrubland to host six additional motocross events - 06/01718/C - APPROVED on a temporary 12 month basis
On the 29th November 2005 a letter was sent to the IOM Schoolboy Motor Cycle Club from the Planning Authority, indicating that the site had an established use (used for more than 10 years) for between 4 and 7 motocross "events" per year. It was also stated "should you accept the Department's conclusions, but wish to increase the level of activity on the site, you should make a planning application setting out your proposal" (please find attached to report).
Use of barren scrubland for Autocross/Motorsport events, Part of Ballagharraghan Farm, Jurby (84/00410/A) - approved on 27/04/84
The application proposes the use of scrubland to host six additional motocross events.
Jurby Parish Commissioners:- "No objection" Highways Division have objection on the following ground:- "The Department remains concerned at the continued unauthorised use of the foreshore in this area by motorcycles and the potential damage to the dunes."
Wildlife \& Conservation Officer has commented on the application which can be summarised as; previous temporary application required an orchid and bird survey, no orchids were found; I have concerns about the effect on Wildlife Act Schedule 1 birds (disturbance or damage to nests); regarding the previous application, I conclude that the key area of interest is the beach and dunes, though shelduck and skylark may nest and non-Schedule 1 species may be present; should secure the site with some security to prevent unauthorised access and use of the site, and illegal and unsafe use of the beach are not undertaken. I recommend that if consent is allowed the site should be secure, a club officer be given responsibility to look after protected species and that planning require the club provide protective measures for any protected species found on the site.
Manx National Heritage:- "If an approval is to be granted for permanent increase in the number of events, we recommend that the applicant is required to produce a management plan in order to control the damaging effects of motorbike activity on the coastal habitats within the site, and to prevent these effects from spreading beyond the site boundary."
The Harbours Division comment to the planning application, which can be summarised as, following an investigation it was clear that motorcyclists were accessing the foreshore without permission and were consequently riding through the dune area to access the motocross course, therefore any application which is granted should have appropriate conditions in order that motor cyclists do not access the motocross course by the dune area and foreshore, therefore control further infringements on the foreshore and dune area and prevent unauthorised use of the foreshore by motorcycles attending events at the motocross course.
The owners and/or occupants of the Lower Sartfield, Jurby object to the planning application, which can be summarised as; excessive motor sports in area; an increase in noise, dust & disturbance; does not comply with the "Code of Practice"; increase in events will increase riding on foreshore would lead to further illicit recreational use; environmental/wildlife issues; ineffective control over the existing use; and the club already has sufficient use compared with clubs historical usage.
The owners and/or occupants of the Ponderosa, Coast Road, Jurby object to the planning application, which can be summarised as, already high levels of noise pollution in the area due to a variety of motor activities; We have given the club a chance to show control of the area without appealing previous approval, however the control has failed due to the increase usage of the site more than the 13 days permitted; ineffective control over the existing use; the scheme is against the Code of Practice which states the site should not exceed 10 events per year; club has access to other sites, so no need to exceed the Code of Practice, partially as it has previously been stated that other events has had dust issues, however a water bowser has been used at another event; it is not a question of adding 6 official days more when the site has been used 61 days (official/ unofficial) this year; the legality of the use of the adjacent land should be ascertained before any decision effecting the area under review, as proper procedure in assessing the impact on the area; and the previous approval expired 27th April 2008, however an event was held 14th / 15th June disrupting our whole weekend. The objector has submitted a detailed diary stating times and dates when motorcycles entered the application site and the adjacent area.
The main issue with this application that needs consideration, is whether the increase from 7 events per year, to 13 events per year, would result in significant adverse impacts to the detriment of local residents and the surrounding area.
The Isle of Man Schoolboy Motocross Club hosts a number of events predominantly for school children and on event days can accommodate up to 120 competitors. The Isle of Man Schoolboy Summer series is only for school children aged between 6 and 18 on the 1st of January during the competing year. The Club hosts other events which adults can enter but the summer series is for school children only. The Isle of Man Schoolboy club has hosted the Summer Series for almost 10 years and applied for the additional dates to host events at Ballagarraghyn to avoid the problems it has encountered in recent years with summer series events being shortened due to the weather. Last year, for instance, two rounds were shortened to 2/3rds due to dust, something Ballagarraghyn doesn't suffer from as it's a sand based course. The summer series is also an ideal opportunity for first time riders to come and try out to see if they like motocross. They are escorted (by a travelling marshal) round a suitable track, depending on age and ability, and if they like it they can take part in the racing that day.
Firstly an "event" should be explained and exactly what it means at this site. The Applicant has stated that the additional usage the club requires would be to host a 6 round summer series. The summer series takes place on Saturday and Sunday's during the summer. This year rounds 1 & 2 took place on 14th & 15th June at Ballagarraghyn, rounds 3 & 4 where held on 19th & 20th July at West Kimmeragh, Bride and rounds 5 & 6 on 9th & 10th Aug again where held at West Kimmeragh, Bride. The dates vary from year to year as the motocross committees slot in events taking into account other activities i.e. TT & Grand Prix fortnights but usually take place in these months.
On the Saturday registration/signing on takes place from 2-4pm with practice & racing commencing at 4.30pm going on no later than 8.30pm. The Sunday schedule is similar to other event timings i.e. registration/signing on takes place from 9am with practice & racing commencing no earlier than 11am going on no later than 3pm.
Regarding track preparation this is dependant on how long it has been between events however the committee inspects the track a couple of weeks before an event to assess how much work is required. This tends to involve re-marking out the track, general clearing up of the area, preparing the start and holding areas, roping off the paddock to provide safe lane access to the start line and grading the track. With the exception of grading the track, all above work is done on foot. Bikes are not allowed on the track during the work parties for several years now. Bikes are occasionally used to check new parts of the track, for health and safety reasons, but are not ridden at race speeds over the whole track.
The Applicant has also indicated the reason for the site is due to previous summer series around other venues of the Island (Knock Froy), rounds have been cancelled due to conditions, usually too dusty, whereas Ballagharraghan doesn't suffer from this problem (sand course). Additionally the applicant has commented that the long term use of the other venue is in doubt, for different reasons which mean Ballagarraghyn might end up the only venue hosting regular organised motocross events. If this was to happen the club feels there would be a dramatic increase in unofficial off road use Island wide that would be virtually impossible to control and no one would want.
The Department's Environmental Protection Officer has recommended that the site should be restricted to 10 days per year with at least 4 weeks between events in accordance with the recommendation of the Code of Practice on Noise from Organised Off-road Motor Cycle Sport 1994 (Section 6.5). The Department has monitored the noise levels from the dwelling Ponderosa during the event on 12th October 2007, the reports states:-
"The noise monitoring is interesting in that after the moto-cross finished noise from the birds increased to maximum levels above that from the moto-cross see time history of noise monitoring below. Also there was increased noise from traffic which was most likely due to persons from the event leaving the site. Noise levels from moto-cross are approximately 10 dB less than maximum noise levels measured previously (LAeq 50 dB) which could be considered as half as loud to human hearing.
The change in noise is most notable in terms of the change in character of the noise from countryside sounds, in particular bird song, to moto-cross, increasing the underlying background noise but not the overall noise level.
Experience indicates that clearly audible tonal and impulsive noise from moto-cross more than 10 dB(A) above the background noise level is likely to cause complaints of noise nuisance.
In the interests of minimising the adverse impact of noise on local residents without placing unreasonable restrictions on the community benefiting from this activity and maintaining a consistent approach, I recommend that the site be used for not more than 10 days per year, with at least 4 weeks between events. This is in line with guidance from the Code of Practice on Noise from Organised Off-road Motor Cycle Sport 1994 by the Noise Council."
The Club have previously commented to the Code of Practice and have stated that it is for guidance purposes, but there are other instances the Club can quote both local and nationally where motocross events are held at the same venue within a month.
Whilst the Code of Practice on Noise from Organised Off-road Motor Cycle Sport 1994 indicates the site should only be used for 10 days the balance between the impact the additional six days (total of 13 days) would have on the near-by residential dwellings, against the beneficial use the additional days would provide for The Isle of Man Schoolboy Motocross Club and the Island needs careful consideration.
The closest neighbouring property to the site is `Ponderosa' which is located approximately 260 metres southeast of the site (The Department's Environmental Protection Officer undertook the noise monitored levels from this dwelling). The property is however located almost adjacent to the entrance/exist onto the A10 road. It is consider that this property would be most affected by the scheme. As stated previously the owner of Ponderosa has objected to the application for a number of reasons which mainly are due to noise and associated activities with the site.
Another major issue of concern to various parties is that of riders using the beach and surrounding area outside the application site. However, this application only deals with the application site, (i.e. within the red line of the submitted plan) and unauthorised riders on the beach are outside the application site, and therefore outside planning control. If unauthorised riders were to use the application site, outside the allocated "event days" then action could be taken by the Authority as no permission is being given for the use of the site except for "events" as defined in this report. It is therefore considered that strict conditions of operation should be attached to any approval, including a condition to prevent access via the sand dunes/beach onto the application site. The applicants have tried to overcome the illicit riding within the site by the erection of a number of warning signs around and within the site which states that; any unauthorised use of a vehicle on the track will result in the offender being banned from all motocross on the Isle of Man. This has consequently resulted in the Isle of Man Schoolboy Club from banning a person, from entering any Schoolboy Motocross club event for the remainder of the year (2007).
From visiting the site it was very clear that motocross activity had taken place on the foreshore and beach (tyre tracks) and that access from the foreshore/beach to the application site is relatively easy. Whilst the IOM Schoolboy Motor Cycle Club have tried to prevent unauthorised access to the site, it has been argued by the objectors that the site is frequently entered by riders (predominantly adults) accessing the application site from the foreshore, and therefore resulting in disturbance. The Planning Committee should therefore consider that one way to prevent this would be for the erection of fencing in the relevant places. On the other hand it could be argued that even if this application where to be refused, the unauthorised usage of the site and surrounding area would likely to continue. The use of the beach and foreshore is illegal for motocross activities, however, it is not possible to enforce against occasional use under planning controls and therefore is a matter for the police and relevant bodies.
Accessing the site is gained off the A10 and through the adjacent field which has a hardstanding track which leads to the application site. Parking is provided within the Paddock (area 1 marked with red lines on location plan) which can accommodate 100 vehicles with the field next to the access track providing an overspill car park (area 2 marked on location plan) which gives the site a total of approximately 250 parking spaces. The Highway Division in the previous application had no objection to the proposal subject to `A traffic management and access method statement being prepared after consultation with the DoT prior to holding the first motor cross event', therefore from that aspect, parking provisions and highway safety was considered to be acceptable at that stage. In respect of this application the Highway Division have objected on the grounds of the continued unauthorised use of the foreshore in this area by motorcycles and the potential damage to the dunes. As stated previous this is outside the application site and the control of the applicants.
With regard to the comments made by the Wildlife \& Conservation Officer, conditions can be attached to any given approval which ensured that the flora and fauna that requires protecting will be. With acceptable conditions in place it is considered the environmental impact upon the site can be protected. The IOM Schoolboy Motor Cycle Club have been in discussions with DAFF and agreed not to use the dune area towards the beach during the summer months. They have also been in contact with the Manx Wildlife Trust who visited the site (15th May 2007) to ascertain if a variety of flora and fauna particularly orchids were present, however none where found. They state that they would continue to maintain a watching brief on the site over the spring and next season (2008) in order to monitor the site for any emerging plants. They state that if any plants are found the
applicant has agreed to cordon off those colonies to prohibit personnel or vehicle access and undertake suitable management for the plants.
RECOMMENDATION
In essence the proposal is seeking three additional weekends per year (Sat & Sun) during the summer series (one day is classed as one event).
Overall, it is considered that the additional six days, giving a total of 13 days per year would not result in significant adverse affects to the detriment of the surrounding area or to the nearby residential properties such as to warrant a refusal. However, consideration needs to be taken that it would appear from the objector submitted diaries, that the application site has been used outside the permitted times which the Isle of Man Schoolboy Motocross Club have been allowed, which is considered due to the relatively easy access from the foreshore /beach to the application site. For this reason it is considered a scheme should be submitted for the erection of fencing to prevent unauthorised access to the site outside the permitted event times. The fencing should be similar to the fencing which runs along the southern boundary of the site (wire fencing with wooden posts).
Additionally, the times of the proposed practice/racing are an important issue. It is considered the times set out in the previous approval should be continued.
The previous condition states:-
"The approval herby given for six additional motocross events may not commence prior to 1700 hours till 20.30 hours on a Saturday and may not commence prior to 1100 hours till 1500 hours on a Sunday. No permission has been granted to operate any events during weekdays."
It is considered the proposed use to be beneficial to The Isle of Man Schoolboy Motocross Club and to the Island as a whole, and the reasons indicated outweigh the adverse impacts (noise and general disturbance). The proposal, particularly with fencing would also ensure that the usage of the site was regularised which would hopefully result in more appropriate activities during set dates and setting a limit for use. For these reasons the proposal is considered appropriate in this location and therefore the application is recommended for approval.
It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Recommendation Recommended Decision: Permitted Date of Recommendation: 15.09.2008 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to the change of use of the site to hold an additional six motocross events as proposed in the submitted documents and drawing 00863/1 all received on 2nd May 2008.
Within two months of the date of this decision there must be submitted to and approved in writing by the Planning Authority detailed drawings showing a fencing scheme for the application site that will prevent access to / egress from the site otherwise than by the existing single point of access from the highway. Within six months of its written approval by the Planning Authority the fencing scheme shall be completed in accordance with the approved details. In the event that any part of the installed fence is removed, is allowed to deteriorate or is damaged to the extent that it is no longer effective in regulating site access/egress the fence shall immediately be repaired or replaced. There shall be no alterations undertaken to the fence without the prior written approval of the Planning Authority
Within six months of the date of this permission or such longer time as may have been agreed in writing by the Planning Authority survey work shall be undertaken within the site to assess the presence of marsh orchids and of nesting birds protected under Wildlife Act 1990 Schedule 1. A report of the findings of this survey work shall be submitted to the Planning Authority
Within two months of the date of this permission a timetable of events that will take place at the site over the next 12 months shall be submitted to and approved in writing by the Planning Authority. The timetable shall incorporate not more than 13 events within the 12 month period. Once approved in writing by the Planning Authority the site shall not be used except in accordance with the approved timetable unless prior written approval for the variation has been given by the Planning Authority. Where an event takes place on a Saturday it shall not take place outside the hours of 1700 to 20.30. Where an event takes place on a Sunday it shall not take place outside the hours of 1100 to 1500 . No events shall take place on a weekday. Upon the anniversary of this permission each year, use of the site for motorcycle events shall cease and not resume unless there has been submitted to and approved in writing by the Planning Authority a timetable of events for the subsequent 12 months.
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
Committee Meeting Date : 15/01/2008
Signed : Reporting Officer
Application No. : 08/00863/C Applicant : Isle Of Man Schoolboy MCC Proposal : Change of use to host an additional six motocross events on a permanent basis Site Address : Land At Cronk Y Cliwe Adj To Ballagarraghyn Coast Road Jurby Isle Of Man
Considerations
Case Officer : Mr Chris Balmer Photo Taken : 03/06/08 Site Visit : 03/06/08 Expected Decision Level : Planning Committee
Written Representations
Ponderosa Coast Road Jurby IM7 3ET Objects to the proposal
Lower Sartfield Jurby Isle Of Man Objects to the proposal Environmental problems Too much noise Increase in traffic
Consultations
Consultee : Manx National Heritage Notes : comments received.
Consultee : Wildlife & Conservation Officer Notes : Comments received
Consultee : Highways Division Notes : Objection
Consultee : Jurby Parish Commissioners Notes : No objection
THE APPLICATION SITE The application site is the land at Cronk Y Cliwe (scrub field 3143383) adjacent to Ballagarraghyn. The site is located on the northern side of the Coast Road (A10), and is North of Jurby.
15 September 2008 08/00863/C Page 1 of 7
The application site is within an area recognised as being an area of 'white land' not zoned for development, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area, however the site is within an area zoned High Landscape or Coastal Value and Scenic Significance. Isle of Man Planning Scheme (Development Plan) Order 1982 Isle of Man Strategic Plan 2007
Use of Scrubland to host six additional motocross events - 06/01718/C - APPROVED on a temporary 12 month basis
On the 29th November 2005 a letter was sent to the IOM Schoolboy Motor Cycle Club from the Planning Authority, indicating that the site had an established use (used for more than 10 years) for between 4 and 7 motocross "events" per year. It was also stated "should you accept the Department's conclusions, but wish to increase the level of activity on the site, you should make a planning application setting out your proposal" (please find attached to report).
Use of barren scrubland for Autocross/Motorsport events, Part of Ballagharraghan Farm, Jurby (84 / 00410 / A) - approved on 27 / 04 / 84
The application proposes the use of scrubland to host six additional motocross events.
Jurby Parish Commissioners:- "No objection" Highways Division have objection on the following ground:- "The Department remains concerned at the continued unauthorised use of the foreshore in this area by motorcycles and the potential damage to the dunes."
Wildlife \& Conservation Officer has commented on the application which can be summarised as; previous temporary application required an orchid and bird survey, no orchids were found; I have concerns about the effect on Wildlife Act Schedule 1 birds (disturbance or damage to nests); regarding the previous application, I conclude that the key area of interest is the beach and dunes, though shelduck and skylark may nest and non-Schedule 1 species may be present; should secure the site with some security to prevent unauthorised access and use of the site, and illegal and unsafe use of the beach are not undertaken. I recommend that if consent is allowed the site should be secure, a club officer be given responsibility to look after protected species and that planning require the club provide protective measures for any protected species found on the site.
Manx National Heritage:- "If an approval is to be granted for permanent increase in the number of events, we recommend that the applicant is required to produce a management plan in order to control the damaging effects of motorbike activity on the coastal habitats within the site, and to prevent these effects from spreading beyond the site boundary."
The Harbours Division comment to the planning application, which can be summarised as, following an investigation it was clear that motorcyclists were accessing the foreshore without permission and were consequently riding through the dune area to access the motocross course, therefore any application which is granted should have appropriate conditions in order that motor cyclists do not access the motocross course by the dune area and foreshore, therefore control further infringements on the foreshore and dune area and prevent unauthorised use of the foreshore by motorcycles attending events at the motocross course.
The owners and/or occupants of the Lower Sartfield, Jurby object to the planning application, which can be summarised as; excessive motor sports in area; an increase in noise, dust & disturbance; does not comply with the "Code of Practice"; increase in events will increase riding on foreshore would lead to further illicit recreational use; environmental/wildlife issues; ineffective control over the existing use; and the club already has sufficient use compared with clubs historical usage.
The owners and/or occupants of the Ponderosa, Coast Road, Jurby object to the planning application, which can be summarised as, already high levels of noise pollution in the area due to a variety of motor activities; We have given the club a chance to show control of the area without appealing previous approval, however the control has failed due to the increase usage of the site more than the 13 days permitted; ineffective control over the existing use; the scheme is against the Code of Practice which states the site should not exceed 10 events per year; club has access to other sites, so no need to exceed the Code of Practice, partially as it has previously been stated that other events has had dust issues, however a water bowser has been used at another event; it is not a question of adding 6 official days more when the site has been used 61 days (official/ unofficial) this year; the legality of the use of the adjacent land should be ascertained before any decision effecting the area under review, as proper procedure in assessing the impact on the area; and the previous approval expired 27th April 2008, however an event was held 14th / 15th June disrupting our whole weekend. The objector has submitted a detailed diary stating times and dates when motorcycles entered the application site and the adjacent area.
The main issue with this application that needs consideration, is whether the increase from 7 events per year, to 13 events per year, would result in significant adverse impacts to the detriment of local residents and the surrounding area.
The Isle of Man Schoolboy Motocross Club hosts a number of events predominantly for school children and on event days can accommodate up to 120 competitors. The Isle of Man Schoolboy Summer series is only for school children aged between 6 and 18 on the 1st of January during the competing year. The Club hosts other events which adults can enter but the summer series is for school children only. The Isle of Man Schoolboy club has hosted the Summer Series for almost 10 years and applied for the additional dates to host events at Ballagarraghyn to avoid the problems it has encountered in recent years with summer series events being shortened due to the weather. Last year, for instance, two rounds were shortened to 2/3rds due to dust, something Ballagarraghyn doesn't suffer from as it's a sand based course. The summer series is also an ideal opportunity for first time riders to come and try out to see if they like motocross. They are escorted (by a travelling marshal) round a suitable track, depending on age and ability, and if they like it they can take part in the racing that day.
Firstly an "event" should be explained and exactly what it means at this site. The Applicant has stated that the additional usage the club requires would be to host a 6 round summer series. The summer series takes place on Saturday and Sunday's during the summer. This year rounds 1 & 2 took place on 14th & 15th June at Ballagarraghyn, rounds 3 & 4 where held on 19th & 20th July at West Kimmeragh, Bride and rounds 5 & 6 on 9th & 10th Aug again where held at West Kimmeragh, Bride. The dates vary from year to year as the motocross committees slot in events taking into account other activities i.e. TT & Grand Prix fortnights but usually take place in these months.
On the Saturday registration/signing on takes place from 2-4pm with practice & racing commencing at 4.30pm going on no later than 8.30pm. The Sunday schedule is similar to other event timings i.e. registration/signing on takes place from 9am with practice & racing commencing no earlier than 11am going on no later than 3pm.
Regarding track preparation this is dependant on how long it has been between events however the committee inspects the track a couple of weeks before an event to assess how much work is required. This tends to involve re-marking out the track, general clearing up of the area, preparing
the start and holding areas, roping off the paddock to provide safe lane access to the start line and grading the track. With the exception of grading the track, all above work is done on foot. Bikes are not allowed on the track during the work parties for several years now. Bikes are occasionally used to check new parts of the track, for health and safety reasons, but are not ridden at race speeds over the whole track.
The Applicant has also indicated the reason for the site is due to previous summer series around other venues of the Island (Knock Froy), rounds have been cancelled due to conditions, usually too dusty, whereas Ballagharraghan doesn't suffer from this problem (sand course). Additionally the applicant has commented that the long term use of the other venue is in doubt, for different reasons which mean Ballagarraghyn might end up the only venue hosting regular organised motocross events. If this was to happen the club feels there would be a dramatic increase in unofficial off road use Island wide that would be virtually impossible to control and no one would want.
The Department's Environmental Protection Officer has recommended that the site should be restricted to 10 days per year with at least 4 weeks between events in accordance with the recommendation of the Code of Practice on Noise from Organised Off-road Motor Cycle Sport 1994 (Section 6.5). The Department has monitored the noise levels from the dwelling Ponderosa during the event on 12th October 2007, the reports states:- "The noise monitoring is interesting in that after the moto-cross finished noise from the birds increased to maximum levels above that from the moto-cross see time history of noise monitoring below. Also there was increased noise from traffic which was most likely due to persons from the event leaving the site. Noise levels from moto-cross are approximately 10 dB less than maximum noise levels measured previously (LAeq 50 dB ) which could be considered as half as loud to human hearing.
The change in noise is most notable in terms of the change in character of the noise from countryside sounds, in particular bird song, to moto-cross, increasing the underlying background noise but not the overall noise level.
Experience indicates that clearly audible tonal and impulsive noise from moto-cross more than above the background noise level is likely to cause complaints of noise nuisance.
In the interests of minimising the adverse impact of noise on local residents without placing unreasonable restrictions on the community benefiting from this activity and maintaining a consistent approach, I recommend that the site be used for not more than 10 days per year, with at least 4 weeks between events. This is in line with guidance from the Code of Practice on Noise from Organised Off-road Motor Cycle Sport 1994 by the Noise Council."
The Club have previously commented to the Code of Practice and have stated that it is for guidance purposes, but there are other instances the Club can quote both local and nationally where motocross events are held at the same venue within a month.
Whilst the Code of Practice on Noise from Organised Off-road Motor Cycle Sport 1994 indicates the site should only be used for 10 days the balance between the impact the additional six days (total of 13 days) would have on the near-by residential dwellings, against the beneficial use the additional days would provide for The Isle of Man Schoolboy Motocross Club and the Island needs careful consideration to be taken.
The closest neighbouring property to the site is `Ponderosa' which is located approximately 260 metres southeast of the site (The Department's Environmental Protection Officer undertook the noise monitored levels from this dwelling). The property is however located almost adjacent to the entrance/exist onto the A10 road. It is consider that this property would be most affected by the scheme. As stated previously the owner of Ponderosa has objected to the application for a number of reasons which mainly are due to noise and associated activities with the site.
Another major issue of concern to various parties is that of riders using the beach and surrounding area outside the application site. However, this application only deals with the application site, (i.e. within the red line of the submitted plan) and unauthorised riders on the beach are outside the application site, and therefore outside planning control. If unauthorised riders were to use the application site, outside the allocated "event days" then action could be taken by the Authority as no permission is being given for the use of the site except for "events" as defined in this report. It is therefore considered that strict conditions of operation should be attached to any approval, including a condition to prevent access via the sand dunes/beach onto the application site. The applicants have tried to overcome the illicit riding within the site by the erection of a number of warning signs around and within the site which states that; any unauthorised use of a vehicle on the track will result in the offender being banned from all motocross on the Isle of Man. This has consequently resulted in the Isle of Man Schoolboy Club from banning a person, from entering any Schoolboy Motocross club event for the remainder of the year (2007).
From visiting the site it was very clear that motocross activity had taken place on the foreshore and beach (tyre tracks) and that access from the foreshore/beach to the application site is relatively easy. Whilst the IOM Schoolboy Motor Cycle Club have tried to prevent unauthorised access to the site, it has been argued by the objectors that the site is frequently entered by riders (predominately adults) accessing the application site from the foreshore, and therefore resulting in disturbance. The Planning Committee should therefore consider that one way to prevent this would be for the erection of fencing in the relevant places. On the other hand it could be argued that even if this application where to be refused, the unauthorised usage of the site and surrounding area would likely to continue. The use of the beach and foreshore is illegal for motocross activities, however, it is not possible to enforce against occasional use under planning controls and therefore is a matter for the police and relevant bodies.
Accessing the site is gained off the A10 and through the adjacent field which has a hardstanding track which leads to the application site. Parking is provided within the Paddock (area 1 marked with green lines on location plan) which can accommodate 100 vehicles with the field next to the access track providing an overspill car park (area 2 marked on location plan) which gives the site a total of approximately 250 parking spaces. The Highway Division in the previous application had no objection to the proposal subject to `A traffic management and access method statement being prepared after consultation with the DoT prior to holding the first motor cross event', therefore from that aspect, parking provisions and highway safety was considered to be acceptable at that stage. In respect of this application the Highway Division have objected on the grounds of the continued unauthorised use of the foreshore in this area by motorcycles and the potential damage to the dunes. As stated previous this is outside the application site and the control of the applicants.
With regard to the comments made by the Wildlife \& Conservation Officer, conditions can be attached to any given approval which ensured that the flora and fauna that requires protecting will be. With acceptable conditions in place it is considered the environmental impact upon the site can be protected. The IOM Schoolboy Motor Cycle Club have been in discussions with DAFF and agreed not to use the dune area towards the beach during the summer months. They have also been in contact with the Manx Wildlife Trust who visited the site (15th May 2007) to ascertain if a variety of flora and fauna particularly orchids were present, however none where found. They state that they would continue to maintain a watching brief on the site over the spring and next season (2008) in order to monitor the site for any emerging plants. They state that if any plants are found the applicant has agreed to cordon off those colonies to prohibit personnel or vehicle access and undertake suitable management for the plants.
In essence the proposal is seeking three additional weekends per year (Sat \& Sun) during the summer series (one day is classed as one event).
Overall, it is considered that the additional six days, giving a total of 13 days per year would not result in significant adverse affects to the detriment of the surrounding area or to the nearby
residential properties such as to warrant a refusal. However, consideration needs to be taken that it would appear from the objector submitted diaries, that the application site has been used outside the permitted times which the Isle of Man Schoolboy Motocross Club have been allowed, which is considered due to the relatively easy access from the foreshore/beach to the application site. For this reason it is considered a scheme should be submitted for the erection of fencing to prevent unauthorised access to the site outside the permitted event times. The fencing should be similar to the fencing which runs along the southern boundary of the site (wire fencing with wooden posts).
Additionally, the times of the proposed practice/racing are an important issue. It is considered the times set out in the previous approval should be continued.
The previous condition states:
"The approval hereby given for six additional motocross events may not commence prior to 1700 hours till 20.30 hours on a Saturday and may not commence prior to 1100 hours till 1500 hours on a Sunday. No permission has been granted to operate any events during weekdays."
It is considered the proposed use to be beneficial to The Isle of Man Schoolboy Motocross Club and to the Island as a whole, and the reasons indicated outweigh the insufficient adverse impacts (noise, general disturbance). The proposal, particularly the fencing would also ensure that the usage of the site being regularised which would hopefully result in more appropriate activities during set dates and setting a limit for use. For these reasons the proposal would be appropriate in this location and therefore the application is recommended for approval.
It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Recommendation
Recommended Decision: Permitted Date of Recommendation: 15.09.2008 Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1.
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
15 September 2008 08/00863/C Page 6 of 7
This approval relates to the change of use of the site to hold an additional six motocross events as proposed in the submitted documents and drawing 00863/1 all received on 2nd May 2008.
Prior to holding the first motor cross event, there must be submitted to and approved by the Planning Authority detailed drawings, showing a suitable fencing scheme to prevent motorcyclists accessing the motocross course from the dune area and foreshore.
There may be marsh orchids which are protected under the Wildlife Act 1990 and Schedule 1 Birds nesting on the on the site; therefore a up to date survey is required to be undertaken prior to holding the first motor cross event and if found the Applicant is required to consult the Conservation Officer, DAFF to seek advice thereon.
This approval relates to no more than six additional motocross events which may only take place between 1700 hours and 20.30 hours on a Saturday and 1100 hours and 1500 hours on a Sunday and at no other time on those days. No permission has been granted to operate any events during weekdays.
Copyright in submitted documents remains with their authors. Request removal
