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Application No.: 18/00206/C Applicant: Miss Shondelle Rhoden Proposal: Change of use of a sound recording studio to a childrens day nursery Site Address: Mountain View Innovation Centre Jurby Road Ramsey Isle of Man IM7 2DZ Principal Planner: Mr Chris Balmer Photo Taken: 25.01.2018 Site Visit: 25.01.2018 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 19.06.2018 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Reason: In the interests of the amenity of the surrounding area along with highway safety and parking and to safeguard the welfare of children.
Reason: In the interests of the residential amenity of the area and as the application has specifically listed these times (albeit a slightly earlier opening times and later closing times are suggested, taking account of people being early and late for drop-off and pick-ups) and the application has been considered on this basis.
This approval relates to the submitted documents and drawings reference numbers 146-02 received on 28th February 2018 & 16th March 2018 and 146-01 REV B received on 25th June 2018.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the following persons should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Balleigh Cottage, Jurby Road, Lezayre (own land adjacent to site) Huntersfield, Jurby Road, Ramsey (own land adjacent to site)
It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Baldromma Beg, Jurby Road, Lezayre _____________________________________________________________________________
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.0 THE APPLICATION SITE - 1.1 The site is an area of just over 11 acres situated between the A13 Jurby Road and the Sulby River. Access to the site is from the Jurby Road via a lane 260m long, from the A13 to the west of a property called Baldromma and curving round to the east close to another property, Baldromma Farm Bungalow which has been part of the film studio application site in previous applications but in this case is shown as having been sold in one of the accompanying drawings and is believed to be owned by person/s separate from the application site. - 1.2 The site accommodates four buildings, all large scale structures, the first is the office/film workshop which is at the northern end of the site which is 31m by 21m and is two storey, the ground floor is mainly open with small offices around the outer part: the first floor is all open plan offices. This provides a total of 1300 sq m of floor area. To the south of this is the second building which is attached to the main film studio which is further south. This building is 24m by 28m (672 sq m) and single storey but contains a variety of inner buildings and rooms, a sub-station and changing room/canteen unit. The third and main film studio has a footprint of 25m by 43m (1075 sq m). There are areas of hard standing around the buildings which are used for parking. There is also a small detached building alongside the bungalow which provides a further 59 sq m of floor area. - 1.3 The buildings, mainly the principal film studio building, are visible from the southern side of the Sulby River, distant views being from the Lezayre Road and from the northern end of the Garey Road which links Churchtown with the Jurby Road.
2.1 The application seeks planning approval for the change of use of a sound recording studio to a children's day nursery. The building in question is part of the second building identified in the site description above. - 2.2 The applicants indicate the used would be for children aged 2-5 years (pre school) old and will cater for up to 32 children. It is proposed that eventually there would be a total of 6 members of staff. - 2.3 The hours of operation would be:
2.4 The nursery would be open 51 weeks of the year, closed for Bank holidays and Christmas Week. - 2.5 It is proposed that access and egress would be via the main entrance and driveway to the overall site. The main entrance accesses onto the Jurby Road. It is proposed that there would be six allocated spaces would be for staff and visitors/parents would be able to use the communal parking which is shared with the other users on the site. - 2.6 No external changes are proposed to the building.
3.0 PLANNING HISTORY - 3.1 There have been a number of previous planning applications on this site, however, only the following application is considered relevant in the assessment and determination of this application: - 3.2 Additional use of Film and Animation Studio and ancillary facilities as commercial offices for Technology Companies, and as Civic and Community Halls, Exhibition Halls, Conferences and Training Centres and upgrade of existing private road - 14/01257/B - APPROVED subject to a number of conditions, but only the following conditions are relevant for consideration for this current application:
"C 3. Within three months of the date of this decision the existing road, car park and hardstanding areas are required to be finished with either a Bitumen Macadam or Asphalt surface or similar as shown in the drawing within Appendix 6 and retained thereafter.
Reason: To improve the residential amenities of nearby properties and improve the visual amenities of the landscape.
3.3 Change of use of existing film studios to warehousing/light industrial - 11/01061/C REFUSED on the following grounds:
"R 1. The film studio development which currently occupies the site was originally allowed as an exception to policy in the late 1990s. It is considered that there is insufficient evidence to demonstrate that there is no longer a need for such facilities and as such, there is no justification for approval of a development which would otherwise be unacceptable on this site. The policy to permit development outwith those areas designated for development on the basis of the site being previously-developed (General Policy 3c of the Strategic Plan) requires existing use to be redundant. The Committee is not satisfied that this site is redundant for its originally intended purpose.
It is very likely that the width and construction of the access lane would have to be increased, this increasing the visual impact of the site as viewed from the A13 and the appearance of parked vehicles, particularly HGVs may well increase the visual impact of the site as viewed from further afield - from the Garey Road and the A3 TT course. The situation regarding car parking is not clear and it is likely that the existing area of hard standing would need to be increased, potentially encroaching into the flood risk area and increasing the potential for flood risk through increased rates of flow from larger areas of hard standing.
As such, it is not accepted that the development would satisfy General Policy 3 and as such there is no justification for the proposed development.
The visibility available to drivers emerging from the site onto the Jurby Road is not adequate for the proposed use which is likely to result in an increase in traffic using the access."
4.0 PLANNING POLICY - 4.1 The site is not designated for under the Isle of Man Development Plan Order 1982. The site is neither within a Conservation Area nor within an Area of High Landscape Value and Scenic Significance. - 4.2 The Isle of Man Strategic Plan 2016 has a number of relevant policies to which regard should be had. - 4.3 Strategic Aim: To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage. - 4.4 Strategic Policy 1 seeks to promote the best use of resources by optimising the use of previously developed land, unused and under-used land and buildings, ensuring efficient use of sites, taking into account the need for access, landscaping and open space and being located so as to utilise existing and planned infrastructure, facilities and services. - 4.5 Strategic Policy 2 sets out that new development is to be located primarily within existing towns and villages. - 4.6 Strategic Policy 10 directs new development so as to minimise car journeys, make best use of public transport, not adversely affect highway safety and encourage pedestrian movement. - 4.7 Transport Policy 4: requires existing highways which serve any new development to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan. - 4.8 Transport Policy 7 requires parking provision to be in accordance with the Department's current standards. - 4.9 General Policy 2 provides for a presumption in favour of development which is in accordance with the land-use zoning subject to various criteria including that the development; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways. - 4.10 General Policy 3 sets out that development will not be permitted outside of those areas which are zoned for development subject to exceptions, of which none are relevant in this instance. - 4.11 Community Policy 2 seeks new community facilities should be located to serve the local population and be accessible to non-car users, and should where possible re-use existing vacant or underused buildings.
5.1 DOI Highway Services comment there are no highway implications (received on 12.04.18). Highway Services again confirm on the 23.05.18 that following the amended plan, they have not changed their comments.
5.2 The Lezayre Parish Commissioners recommend an approval (06.04.18) although do have some concern regarding the speed of traffic on this part of the Jurby Road which has an open speed limit. They comment visibility is bad when looking in the direction of Ramsey and a similar comment was made for PA11/01061/C for the same site. "The visibility available to drivers emerging from the site onto the Jurby Road is not adequate for the proposed use which is likely to result in an increase in traffic using the access." This additional use of the site for a nursery will create more traffic to and from the site. - 5.3 The owner/occupier of Balleigh Cottage, Jurby Road, Lezayre have objected to the application which can be summarised as (17.04.2018, 21.03.2018 & 04.04.2018); concerns of incorrect ownership shown on initial and amended plans. - 5.4 The owner/occupier of Baldromma Beg, Jurby Road, Lezayre have objected to the application which can be summarised as (03.04.2018); Jurby Road is an unrestrictive speed limit in the vicinity of the proposed site and access is from this road; poor visibility looking towards Ramsey when exiting site; proposal would increase the volume of traffic; previously application 11/010621/C it was one of the refusal reasons that additional use would adverse effect amenities of the property (Baldromma Beg) are likely to be adverse; and planting of trees have reduced visibly and the leave will cause problems in autumn for drainage and could create a lack of adhesion on the road. - 5.5 The owner/occupier of Huntersfield, Jurby Road, Ramsey has supported (20.04.2018); the concept of the new business and feel it would be positive for the North of the Island, however unsure if this is the appropriate; 2014 apparition was approved which certain use and time restrictions including a children's nursery; the number of children 32 and staff is nearly twice the quoted occupancy of AFD from this application; will bring twice the quoted traffic flow to the site and at busy times on the day; no supportive detail around traffic flow and to the site; and have trees been planted on the site as required under the 2014 application.
6.1 The key issues when determining this application are; principle of the additional use of the site; highway safety/parking provision issues; and potential impact upon neighbouring amenities. Principle of the use of the building as a nursery
6.2 The site is not allocated for the development proposed in the IOM Development Plan Order 1982; however, following the adoption of this plan the Film Studio was approved and therefore the Local Plan is not up-to-date in this respect. It is perhaps important to note that the submission is now seeking a change of use of a small section of the overall site which is currently used as existing small studios/store/offices to a nursery. The other approved uses approved under the original applications Pas 97/02053/A/00/02206/B (Film Studio uses) and the additional uses approved under application 14/01257/B which included; "additional use of Film and Animation Studio and ancillary facilities as commercial offices for Technology Companies, and as Civic and Community Halls, Exhibition Halls, Conferences and Training Centres" would all remain. - 6.3 However, while the Local Plan does not designate the site for any specific development, it is clearly used for a variety of uses for a significant period of time. - 6.4 It is not consider the principle of using this part of the overall site as a children nursery is unacceptable. It is consider such use would be compatible and beneficial with number of individual the business (offices) on the site, as well as using an existing building (rather than a
6.13 Again a reason for refusal of application 11/01061/C was due to concerns of introducing a substantial new industrial use to the site, which is immediately adjacent to Baldromma Farm Bungalow, given the increased level of traffic, the likelihood of heavier and larger vehicles and an increased level of activity. It is considered the proposed nursery use would have a significantly less impact than the previously refused industrial uses; albeit will likely have a greater impact than the exiting uses of the building (sound studio/office) proposed to be use as a nursery now. The comings and goings would be at times when traffic would already be constant and frequent within the area, as a result of people travelling to and from work along the Jurby Road and to the overall site. The applicants have advises that they expect their busiest times to be 8-9am, 1pm, 3.30pm and 5-6pm. These are within normal working hours and not anti-social hours. Further, it is presumed the nursery would only be during the weekdays, rather than weekends as well. The traffic coming and going from the site for the nursery would not be at intermittent times throughout the day, and if so would only be on a small scale and infrequent, likely during the four times listed by the applicants. Accordingly, in relation to these issues, it is not considered the proposal would significant increase the impacts upon neighbouring amenities to warrant a refusal. A condition should be attached stating the operational times listed previously. Comments have been made that the existing site has time restrictions of 0900hrs till 2230hrs (conditioned under 14/01257/B). These times do not relate to the office uses, rather just the Film Workshop Building and the Film Studio building as these buildings can be used for Civic and Community Halls, Exhibition Halls, Conferences and Training Centres, which could result in hundreds of persons visiting the site at one time, due to the size of these buildings. Accordingly, it was considered appropriate to restrict the hours of operation. - 6.14 In terms of the potential outdoor space for children play area and gardens, as suggested this would require a change of use/full application. There are no details provided under this application. Accordingly, a condition should be attached which indicates that no permission is hereby given for such additional use under this application. This is not an automatic refusal of such a proposal; however, there could be implications in terms of impacts upon neighbouring amenities and a visual impacts upon the countryside, and without such information begin submitted at this stage, the Department is unable to determine the likely impacts at this stage. - 6.15 There are no external alterations proposed and therefore the proposed use of the building as a nursery is not judged to undermine the status of the building.
7.1 Overall, In addition to the above, the number of children (conditioned to 32) attending the nursery would not be of a level to cause harm or disturbance to those closest property. It is judged that the use of the building would be acceptable for use as a nursery and would not result in a significant impact upon highway safety. It is concluded that the planning application is in accordance with aforementioned policies of the Isle of Man Strategic Plan 2016 and is recommended for approval. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted Committee Meeting Date: 16.07.2018 Signed : Mr C Balmer Presenting Officer Further to the decision of the Committee an additional report was required YES/NO See below PLANNING COMMITTEE DECISION 16.07.2018 Application No. : 18/00206/C Applicant : Miss Shondelle Rhoden Proposal : Change of use of a sound recording studio to a childrens day
nursery
Site Address : Mountain View Innovation Centre Jurby Road Ramsey Isle of Man IM7 2DZ Principal Planner : Mr Chris Balmer Presenting Officer As above Addendum to the Officer’s Report
After discussion the Planning Committee agreed with the recommendation subject to IPS being given to the owner/occupant of Hunterfield as they own land immediately adjoin the site.
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