REPORT TO DEVELOPMENT CONTROL COMMITTEE –
TUESDAY 26 OCTOBER 2004
|
TCP/25508 – P/00628/03 |
Use of land as motocross track and use of neighbouring
land as temporary car parking facility; land off Gore Cemetery, Arreton
Cross, Downend Road, Newport, IOW |
Officer: Mr Hougham, Development
Control Manager Tel: (01983) 825576
Summary
To decide
how to deal with extensive unauthorised engineering works in light of the
failure of the promoter of the motocross to submit an application for the
continued use of the site.
Background
All
Members of this Committee will be very familiar with this particular site.
Members
may recall that in August 2003 this Committee resolved to grant conditional
planning permission for a temporary period of twelve months allowing the land
to be used for motocross purposes. This decision was challenged and judicial
review proceedings, brought by the former owners of Arreton Manor, was
scheduled to be heard at the High Court on 8/9 July 2004. This hearing did not
take place as the claimants and the defendant (ie the Council) signed a consent
order agreeing to quash the temporary planning permission.
Previously
this Committee, believing that they were dealing with an extant planning
permission, agreed to an event taking place in September 2004 following the
expiry of the planning permission. Once we were aware that we were no longer
dealing with an extant permission, Members were asked to ratify this decision
at a meeting held on 22 June 2004. As anticipated the Committee reaffirmed
their earlier decision and agreed not to take any enforcement action when the
event took place, despite the fact the use has no valid consent. This was on
the understanding that the land would only be used on this one occasion between
the date of the decision and the date of the event, which was scheduled to last
for two days only.
At the
meeting held on 24 August 2004 Members considered a request to use the site in
connection with a launch event on 19/20 October.
A matter
of days later at a meeting held on 3 September 2004 Members were invited to
consider how the Council, as Local Planning Authority, should respond to the
use as a site as a temporary car park to serve the music event being held at
Robin Hill for the weekend 10-12 September 2004. The decision taken was that
despite the impending breach of planning control Members resolved not to take
any enforcement action on the basis that a significant highway safety problem
would be likely to result if the site were not used for this particular
purpose. Members also agreed the following recommendation:
To report back to the
Committee at the meeting due to be held on 26 October 2004 on the situation
regarding the anticipated submission of a planning application for the continued use of the land and, if
not received, to consider how the local planning authority should respond to
the situation.
Notwithstanding
the advice given in a number of meetings with the promoter over a period going
back twelve months or more, the Council still has not received an application
for the continued use of the site for motocross purposes together with the
retention of other engineering works on adjacent land to facilitate car parking
in connection with major events on the site.
The advice
given by professional officers to the promoter can be summarised in the
following terms:
·
He
would need to make a planning application seeking full permission, as opposed
to a temporary planning permission, and this application would need to be
accompanied by an Environmental Impact Assessment (or Environmental Statement)
which would need to be prepared by experts dealing with a range of issues which
would include noise/dust, traffic/parking arrangements, impact on the character
of the area, landscaping/planting etc.
·
In
this context he was advised that it would be prudent if he were to seek a
scoping opinion from the Council on the matter of an EIA to enable him to
establish the level of investigatory work that needs to be carried out by
experts to provide sufficiently detailed information to allow us to process and
determine a future application.
·
Detailed
discussions focussed on the potential continuing impact on the landscape
character of the area that is adjacent to an Area of Outstanding Natural Beauty
and how professional officers and elected Members would have to weigh the
socio-economic benefits of allowing major events to continue on the site
against a background of a relatively limited use in terms of the number of days
when practising/racing would actually take place.
·
On a
without prejudice basis, subject to consultee responses and third party
representations, if permission were granted it would be on a conditional basis
and he would be required to carry out certain works which will include the design
and implementation of a comprehensive landscaping/planting scheme adjacent to
the track area and in the vicinity of the vehicular/pedestrian access onto the
A3056, subject to safety requirements specified by the Highway Engineer.
Although
the Development Control Manager sought an informal opinion from Members of this
Committee on the likely outcome of such an application, the applicant, at the
time of preparing this report, has still not submitted an application and
consequently in accordance with the aforementioned resolution, the matter needs
to be reconsidered by this Committee.
Options
|
1.
To
note the information contained in this report and give immediate
authorisation for enforcement action to be undertaken in respect of the
extensive engineering works carried out in connection with the motocross
track, the construction and laying out of the vehicular/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” right which should have been reinstated within a
specified period following the specific event. Enforcement Notice will
require full reinstatement of the land back to original contours rendering it
capable of an agricultural related use (ie production of crops and/or
grazing) with a compliance period of six months. 2.
To
note the information contained in this report and to advise the promoter
and/or the landowner that if a full detailed planning application supported by
an Environmental Statement is not submitted and validated within the next two
months then the Council will take enforcement action to address the issues
set out in Option 1. 3.
To
note the information contained in this report and to take no further action
at this stage other than to encourage the promoter and/or the landowner to
submit a detailed planning application with supporting Environmental
Statement to be submitted and validated within two months. |
Financial Implications
There are
no obvious financial implications at this moment in time.
In my opinion the consensus view of Members on this
Committee and the Parish Council is that in the last 12 months or more there
has been a significant change in terms of what they had originally anticipated
when planning permission was granted in August 2003 and what has actually taken
place up to the present date. Nevertheless, Members have been keen to indicate
that they impressed with the organisation, particularly the world championship
round, held several months ago and recognise the fact that it was enjoyed by
many thousands of people, both local residents and visitor to the Island, while
making a significant contribution to the local economy as well as giving
positive exposure to the Island throughout the world.
This view has been set against a background of concerns
expressed about the (anticipated) problems in respect of noise/dust and the
short term impact on the landscape of quite extensive engineering works,
particularly in connection with the construction of the track.
On a number of cases professional officers have offered the
promoter sound advice on how to go about pursuing full planning permission for
the use of the site for motocross purposes on a limited number of
occasions throughout the year.
Unfortunately, it would seem that the promoter has failed to
recognise the significance and importance of making an early and detailed
submission with a supporting Environmental Statement in order to obtain
conditional planning permission before committing himself to events scheduled
to be held in 2005. Discussions with the promoter have involved a local agent
but he advises that at this moment in time there is no prospect of a detailed
application coming forward and consequently Officers, giving due regard to the
aforementioned resolution and the information obtain from the agent, decided
that the matter must be reconsidered by this Committee.
One of the more unfortunate aspects of the decision to quash
the temporary planning permission was that the Council effectively “lost”
conditions relating to the restoration of the land which should have been
completed by 31 December 2004 if the promoter decided to discontinue the use
and look for an alternative location. This raises two points:
In a letter from the Development Control Manager dated 21
June 2004, copied to the Chairman, the Portfolio Holder and the local Ward
Member, the question of the remedial works associated with the land adjoining
the track which provided space for the racing teams and other facilities
associated with the world events several months ago was raised. He was told at
that time, that the Council accepted that these works could take place under
the provisions of the General Permitted Development Order (GPDO), relating to
temporary buildings and uses. The requirement was that any works formed under
this provision are removed and the land restored to its former condition as
soon as is reasonably practicable after the event. At a subsequent meeting the
promoter expressed a desire to retain the levelled areas and it was recommended
to him that this should be included as part of the overall application; an
application which to date has not materialised.
We identified almost two moths ago that we could not allow
the present situation to continue indefinitely and agreed then that we would
reconsider the matter at this particular meeting.
Since the site and the adjoining area of land have been the
subject of extensive engineering works; there is no extant permission and there
seems to be no immediate prospect of an application being submitted for the
continued use of the site which would effectively, if granted, give
retrospective consent to these engineering works it is my view that the
Council, as Local Planning Authority, are not in a position to exercise any
further latitude or indulge the promoter further without giving due cognizance
to genuinely held local concerns about the nature of the unauthorised
engineering works and the prospect of further events taking place on the site
which may occur with the agreement of the Council but in the absence of an
extant planning permission.
Consequently there is a firm recommendation that we should
take enforcement action to rectify the situation.
Of course, if the promoter were to submit a valid detailed
planning application support by an Environmental Statement for the continued
use of the site, we would need to review the position that we had then reached
in terms of the enforcement process.
In coming to this conclusion, consideration has been given
to the rights set out in the relevant articles of the European Convention on
Human Rights. The physical impact of the unauthorised engineering works and the
occasional impact of the use of the land for motocross purposes on the surrounding
land and third parties has been carefully considered and while there may be
some interference with the rights to the landowner this has to be balanced with
the wider public interest. The proposed recommendation is considered to be a
proportionate response particularly the unauthorised engineering works on both
the track and the neighbouring land.
Recommendation
To note the information contained in this report and
give immediate authorisation for enforcement action to be taken in respect of
the extensive engineering works carried out in connection with the motocross
track, the construction and laying out of the vehicular/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” right which should have been reinstated within a
specified period following the specific event. Enforcement Notice will require
full reinstatement of the land back to original contours rendering it capable
of an agricultural related use (ie production of crops and/or grazing) with a
compliance period of six months.
ANDREW ASHCROFT
Head of Planning Services