Change of use of land for the temporary erection and operation of a 45m high observation wheel and ancillary development, for a one-year season (between the period of March to October 2024).

The Committee considered an application for change of use of land for the temporary erection and operation of a 45m high observation wheel and ancillary development, for a one-year season (between the period of March to October 2024).

Prior to the meeting, Members of the Planning Committee undertook a site visit and written representations were available on the Council’s website.  At the meeting Mr Rodney Horder addressed the Committee on behalf of the Torquay Neighbourhood Forum in support ofthe application.  Mr Jon Pope addressed the Committee in support of the application.

In accordance with Standing Order B4.1 Councillors Jackie Thomas, David Thomas and Chris Lewis addressed the Committee in support of the application.

At the meeting the Planning Officer advised, that since the report had been published 8 letters of support had been received outlining that the observation wheel provided facilities, improved the tourism offer of Torbay, helped to provide jobs, that the benefits outweighed the harm and that previous applications had been considered acceptable.  It would also provide money to improve the park and was a popular landmark feature.

Resolved (unanimously):

Approved subject to the following conditions:

1.            Prior to the grant of planning permission a ‘Conservation Mitigation Obligation to the sum of £30,000, secured through planning obligation, for pathway improvement works, and other works identified within the Princess Gardens Masterplan Update Report;

2.         Time limit

            The permission, allowing occupation of the site by the observation   wheel and ancillary development, shall be for a temporary period only        between the periods of March 2024 and October 2024 inclusive. The          observation wheel and ancillary development shall be removed before             1st November 2023 and following removal the gardens shall be        reinstated in accordance with details that shall have previously been          submitted to and agreed in writing with the Local Planning Authority.         The agreed scheme of reinstatement shall be implemented in full within 10 days following the removal of the development.

            Reason: The use of the site by the development is only acceptable on        a short term basis and more lengthy occupation would be harmful to        the setting of the listed buildings, to the character of the Registered            Gardens and the wider Torquay Harbour Conservation Area contrary to     Policies HE1 and SS10 of the Torbay Local Plan 2012-2030 and      Policies TT2 and TE2 of the Torquay Neighbourhood Plan.

3.         Hours

            The observation wheel and the associated ancillary catering facilities          shall only operate, and be lit, between the hours of 10.00 and 22.00          hours daily.

            Reason: To ensure that disturbance to residents who overlook the site        is minimised in accordance with Policy DE3 of the Torbay Local Plan 2012-2030.

4.         Lighting

            The development shall at all times accord with the approved lighting           scheme. The development shall only be lit during the approved         operational hours.

            Reason: To ensure that disturbance to residents who overlook the site        is minimised and to protect the wider visual character of the area, in       accordance with Policies DE1 and DE3 of the Torbay Local Plan 2012-     2030.

5.         Operational management plan (pre commencement)

            Prior to the wheel arriving on site a traffic and operational management      plan and details of the operational control during construction and dismantling, which shall include due consideration and information        regarding the protection afforded adjacent trees during construction,             operations and its removal, shall be submitted to and approved by the        Local Planning Authority. The operation of moving the wheel onto and            off the site shall accord with the approved details.

            Reason: In order to protect the structural integrity of the site, in         accordance with Policies C4, HE1 and SS10 of the Torbay Local Plan      2012-2030 and Policy TT2 of the Torquay Neighbourhood Plan.

6.         External storage

            At all times there shall be no external storage, including waste storage        (excluding reasonable customer-facing waste bins) within the site,           ancillary to the development hereby approved.

            Reason: To provide an acceptable form of development within the   public setting of the Registered Park and Garden and Core Tourism            Investment Area, in accordance with Policies DE1, DE3, T01, SS10         and HE1 of the Torbay Local Plan and Policy TH8 of the Torquay             Neighbourhood Plan.

7.         Means of enclosures

            No additional means of enclosure other than those shown on the     approved plans shall be erected in association with the development      within the site.

            Reason: To provide an acceptable form of development within the   public setting of the Registered Park and Garden and Core Tourism            Investment Area, in accordance with Policies DE1, DE3, T01, SS10         and HE1 of the Torbay Local Plan and Policy TH8 of the Torquay             Neighbourhood Plan.

8.         Final drafting of conditions delegated to the Divisional Director of     Planning, Housing and Climate Emergency; and

9.         The resolution of any new material considerations that may come to            light following Planning Committee to be delegated to the Divisional Director of Planning, Housing and Climate Emergency, including the   addition of any necessary further planning conditions or obligations.