TUESDAY 24 AUGUST 2004
LAUNCH EVENT TO BE HELD AT
MOTOCROSS FACILITY, LAND OPPOSITE GORE CEMETERY, SOUTH EAST OF ARRETON CROSS,
DOWNEND ROAD, NEWPORT.
Summary
To consider how the Local Planning Authority should respond to a request to use the above site as a launch venue by Honda Europe for their 2005 season.
Members will be aware of this site which following the judicial review proceedings has resulted in the signing of a consent order agreed to quash the 12 month temporary planning permission granted in August 2003.
Members will recall that this was reported to them at the 22 June 2004 Development Control Committee meeting at which time whilst noting the above they also reaffirmed their earlier decision to allow the use of the site for motocross purposes for one further occasion in September 2004. This is round 8 of the British Motocross Championship which will take place on Sunday 5 September 2004.
The Local Planning Authority has now been approached by the operators of the Gore basin facility indicating that they had been asked to host the Team Honda Europe’s launch for their 2005 season. This would take place in mid to late October the following points have been put forward for information.
1. It would take place over two days and they would be on site between 1000 hours and 1500 hours on each day.
2. The event would be strictly invitation only with the Honda team and world journalists in attendance. The gate would be manned to restrict access.
3. There would be three trailers on site one carrying the new bikes which are estimated to be 5 in number, another trailer as a facilities unit and a third catering unit.
4. There would be no racing or practices but individual Honda team members and journalists would try out bikes and be photographed on them on parts of the course.
5. Away from Gore basin the event would require 60 hotel rooms and the use of a conference facility for 3 to 4 days.
6. The event would allow journalists to see the Gore basin track and hopefully the rest of the Island and have the spin-off effect of getting more worldwide publicity for the Island.
7. The date would fall before the planning application would be heard which is anticipated to be submitted in September.
Options
1. To note the information outlined above and to invite (without prejudice to the final decision) a planning application to cover this event.
2. To note the information outlined above and to indicate that notwithstanding the absence of any formal consent the Local Planning Authority would not take any enforcement action against the event.
3. To note the information outlined above and to advise the operators that in the absence of formal consent the Local Planning Authority does not consider that the event should take place and as a consequence would take formal enforcement action to require any further use of the site to cease. Time period for compliance 1 week.
Financial
Implications
None.
Conclusion
The site has no extant planning permission. Although the site has seen a limited number of racing days the associated earthworks have remained and on that basis there are no existing permitted development rights that could be utilised to run the event. Accordingly, to use the site over the two days does technically require the formal consent of the Local Planning Authority.
I have raised the matter with the local Member Councillor Mrs Oulton and hope to report any initial views that she has at the meeting.
From the information outlined above the launch event would appear to be a much less intensive use of the site than a normal racing event in terms of the number of people attending the site, the number of bikes involved and the potential disturbance to the surrounding area. Under those circumstances I believe that the launch event is of a nature that it could be supported by the Local Planning Authority.
In deciding how the Local Planning Authority should respond to this situation I am mindful of the absence of any consent relating to this site and that the Council has over the past 12 months been asked to respond to a number of requests regarding uses that fell outside the original parameters intended to control the use of the Gore basin site.
I would suggest therefore that Members have the option of either firstly noting the report and inviting without prejudice to any final decision a planning application for the two day event (which if given priority could be considered before mid October) or secondly to simply note the report indicating that the Local Planning Authority will not take any formal action against the use of the track for two days. Having considered the matter carefully I believe although tight the timescales would allow for a planning application to be submitted and determined. On that basis I am recommending Option 1.
In coming to this conclusion, consideration has been given the rights set out in Article 8 (Right to Privacy) and Article 1 of the First Protocol (Right to Peaceful Enjoyment of Possessions) of the European Convention on Human Rights. The impact that the proposed event might have on owners/occupiers of other land and property in the area and other third parties has been carefully considered. Whilst there may be some interference with the rights of these people, this has to be balanced with the right of landowner and also the wider public interest. The proposed recommendation is considered a proportionate response to the request and is considered to be in the wider public interest.
To
note the information outlined above and to invite (without prejudice to the
final decision) a planning application to cover this event.
Recommendation