E/25508/D Use
of land at Gore Basin, Downend Road, Arreton, Newport,
Officer: S Cornwell Tel: (01983) 825592
Summary
The purpose of this report is to update Members on the recent use of the above site with regards to firstly the FIM Motocross Championships which took place on the weekend of 27 and 28 August 2005 and secondly the use of the site as a temporary car park in connection with the Bestival Event from 9 to 12 September 2005. In addition, it is also proposed to update Members on the latest situation with regards to the Planning enforcement appeal relating to the land.
1. Motocross Event
At the Development Control Committee Meeting on 28 January 2005 Members considered a report following a request from the landowner as to how it would respond if he proposed to run a single two day International Event. Following considerations of a detailed report the Committee adopted the following resolutions:
1. That it be agreed for the landowners consultant to be advised that, having taken legal advice, the Council had considered the nature of the development and concluded that it would not be able to grant permission, even for a two day event, without consideration of an Environmental Statement and that the enforcement notice would now be served. The Council, however, supported the principle that, if the event could be properly controlled and if an appropriate Section 106 Agreement was agreed, enforcement action should not prevent the event taking place.
2. That it be agreed that if an appropriate Section 106 was not agreed, the Development Control Manager to be authorised to take such further action as he sees fit (including a Stop Notice and/or injunction proceedings) to remedy the breach of planning control and/or any injury to the amenity caused by that breach and that it be noted that the main terms of the Section 106 Agreement would include a clause that there would be not use of the site before or after the event, planning conditions required by the Development Control Manager, Environmental Health Manager and the Highway Engineer, and timing of restoration work.
3. That it be agreed for enforcement action to be taken in respect of the change of use from agriculture to a motocross site and to the extent of engineering works carried out in connection with the actual track, the construction and laying out of the vehicle/pedestrian access onto the A3056 and the engineering works carried out on the adjacent land to facilitate the use of that part of the site as a temporary car park as “permitted development”, which should have been reinstated within a specific period following an earlier major event. The enforcement notice would also require full reinstatement of the land back to the original contours, rendering it capable of agricultural related use with a compliance period of 6 months.
Following the committee instruction officers consulted with colleagues in other sections in formulating the terms for the S106 legal agreement. Counsel’s advice was also taken on the framework for the agreement. By late July the Local Planning Authority was satisfied at the terms within the Section 106 and controls on how the event was to be run and managed.
The Section 106 Agreement was sent to the landowner’s solicitor on 3 August 2005. It was signed by the landowner that day and then passed on to his bank. It was returned to be formally signed by the Isle of Wight Council on 11 August 2005.
The legal agreement controlled the operations associated with the build up towards the event, the event itself and the decommissioning phase. Once the agreement had been signed Members were advised as were a number of local interested parties which included the Parish Council, and given the ability to acquire a copy of the agreement if they so desired.
The works associated with the build up to the event passed satisfactorily. The wet weather conditions immediately before the event did result in the campers arriving on Thursday 25 August being placed overnight on the car park field. It is understood that this did cause a noise complaint from a local resident. However, on the Friday the ground conditions had improved so that the campers could move over to the designated camp site within the main field.
During the event itself planning officers were on site from 08.25 hrs through to 17.15 hrs and from 19.45 hrs through to 21.00 hrs on Saturday 27 August and on Sunday 28 August from 08.25 hrs. through to 18.25 hrs. The event was satisfactory in terms of complying with the limitations set in the legal agreement. Also in attendance were officers from public protection.
With regards to decommissioning, the majority of the vehicles left the site within 24 hours. The site should have been cleared of all structures and facilities on or before the 8 September but it was noted at the end of last week (16 September) that two structures and a number of scaffolding towers used as television camera gantries remained on site. The section of bank that allowed pedestrians to walk across the main road from the car park to the event field has also to be replaced. The landowner has been contacted and been given assurance that these will be attended to immediately.
A letter has since been received encouraging the Authority to prosecute for failing to comply with the deadline.
Conclusion
Given an event of this nature, it was inevitable that some minor instances of non-compliance with the terms of the legal agreement would arise. The need for the car park to be used by campers on the Thursday night because of the ground conditions on the main site is such a case in point. However, in general terms the event went as well as could be expected. The Local Planning Authority is aware of concerns raised within environmental health with regards to noise from helicopter rides and also from the races themselves. The helicopter rides were taking place from an adjacent field not covered by the agreement and that use did not require formal consent. Overall, it is considered that the event ran satisfactorily.
Regarding the suggestion that legal action is taken in respect of the failure to clear all the site by 8 September 2005 the remaining items are of a minor nature and will be removed immediately. Accordingly, it is not considered that any action would be in the public interest.
In making this comment the Local Planning Authority does not hold any information with regards to the “success” of the event.
2. Use
of Site for Car Park for Bestival
With regard to the use of the site as a car park by the Bestival this activity was the subject of a temporary planning permission which was granted on 9 August 2005. Information was submitted to comply with the necessary planning conditions before the use commenced. After the event, the site was cleared of all litter and as of Friday 16 September the only outstanding item relating to this use of the site was a white container which is located down near the gates. This has now been moved.
On the basis that the container has now been removed I believe that the use of the site as a car parking facility in connection with the Bestival event ran satisfactorily. Whether this site is the ideal location used as a car park, is to be assessed as part of the debriefing process within the Council relating to the whole event. If an alternative car parking site is located then obviously the operators will be encouraged to acquire any necessary consent well in advance.
3. Planning Enforcement
Notice
The enforcement notice requiring the cessation of the use of the land as a motocross site was issued on 10 February 2005 with an effective date of 8 March 2005. It set out 17 steps that were required within a 6 month compliance period. For Members information, the compliance period would begin on 8 March 2005 unless an appeal had been lodged before that date. In the event, an appeal was lodged against the enforcement notice and consequently the requirement to comply with the enforcement notice is suspended until the appeal is dealt with.
The grounds of appeal are Ground (a) (the planning permission should be granted for what is alleged in the notice) and Ground (f) (the steps required to comply with the requirements of the notice are excessive unless steps would overcome the objections). The appeal was acknowledge by the Planning Inspectorate on 10 June 2005. Part of the paperwork sent with the enforcement notice advised the landowner that an Environmental Impact Statement (EIS) would be required should a ground (a) appeal be pursued.
In a letter dated 14 July 2005 the Planning Inspectorate allowed the applicants a time extension to submit an environmental statement by 12 September 2005. In a letter dated 15 September 2005 the agent acting for the landowner has indicated that the EIS is underway and would be completed within 4 months. He has therefore requested that the appeal be held in abeyance for this period of time.
Whilst the Local Planning Authority has made strong representation with regards to the suggested timescale, Members should note that the decision to extend the time period or not rests with the Planning Inspectorate.
At the date of preparing this report, the Inspectorate have not responded to either the agent or the Local Planning Authority in respect of an extension of time. Members will be updated at the meeting if there is anything new to report.
Recommendation
The Members note the report.