Officer Report

Application No.: 17/00481/B Applicant: Theresa Barton Proposal: Variation of condition 3 of PA 14/00873/C, to increase the limit on children attending the nursery from 27 to 33 Site Address: Little Cherubs Kindergarten The Old Chapel Main Road Union Mills Isle of Man IM4 4AD Case Officer : Miss Abigail Morgan Site Visit: 22.07.2017 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 18.10.2017 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The use hereby approved shall be for a limited period of 2 years from the date of this approval and on (or before) the expiry of this approval the increase in number of children from 27 to 33 shall cease and revert back to 27. Reason: In order to establish and monitor the effect on parking and highway safety.
• C 2. The vehicle parking at the front and south of the building and the three parking spaces to the north of the building, as shown on the approved plan TB 6 date stamped received 28 April 2017, shall not be used other than for the parking of vehicles in connection with the use of the building hereby approved, and shall be kept free of obstruction for such use at all times. Reason: In the interests of highway safety.
• C 3. The maximum number of children attending the building at any one time shall not exceed thirty three.

Reason: In the interests of the amenity of the surrounding area along with highway safety and parking and to safeguard the welfare of children.

Plans/Drawings/Information;

This approval relates to Location Plan, Site Plan, Floor Plans, Parking Plan and Letter all date stamped received 28 April 2017 and additional information dated 23 July 2017.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is The Old Chapel which is located on the northern side of Maitland Terrace, Main Road in Union Mills. The application site is single storey with accommodation within the roof. - 1.2 The Old Chapel is prominent within the street scene given its siting and form. The building finished in a traditional stone work and has the traditional arched windows throughout. There have been a number of modern alterations which include the installation of roof lights to the roof pitches providing light to the first floor conversion. The building has current planning permission for use as a children's nursery. - 1.3 The site is bounded by stone walling on the northern, eastern and southern side and is open on the western side. To the eastern and southern part of the application site are parking provisions for seven vehicles with an additional three parking spaces available further north of the building.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the variation to condition 3 of PA 14/00873/C to increase the total number of children allowed from twenty seven to thirty three. - 2.2 Based on communications with the Department of Health and Social Care guidelines based on the age of children the figure of 33 for planning purposes is acceptable, as they would control the actual numbers depending on the age of the children attending which may vary from year to year, as it is based on floor space per child. - 2.3 This change is due to the management reducing the number of babies (0-2 years). At the time of the application there was to be an interim period of 3 babies to accommodate existing clients. - 2.4 Condition 3 previously stated the following:

"The maximum number of children attending the building at any one time shall not exceed twenty seven."

2.5 The number of staff on site will not change at 7.

3.0 PLANNING HISTORY - 3.1 The application site has been the subject of a number of previous planning applications, those relevant have been listed below:

PA 14/00873/B - Variation of condition three of PA 13/91391/C to increase the total number of children allowed from nineteen to twenty seven

PA 14/00405/B: Erection of a log cabin to be used in conjunction with the pre-school nursery. PA 14/00367/D: Erection of illuminated signage

PA 13/91391/C: Change of use from office to a pre-school nursery. PA 13/00528/B: Alterations to existing front wall to create additional onsite parking PA 11/01266/B: Alterations and two storey extension to provide additional office accommodation.

- 4.0 PLANNING POLICY

4.1 In terms of local plan policy, the application site is an area designated as Predominantly Residential under the Braddan Local Plan 1991. The site has an extant use as office accommodation and has been granted planning permission for use as a pre-school nursery under PA 13/91391/C. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains two policies that are considered specifically relevant to the assessment of this current planning application:

General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (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;

Community Policy 2 states: "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."

- 5.0 REPRESENTATIONS

5.1 Braddan Parish Commissioners have no objection. 19.05.17 and 18.08.17. - 5.2 DOI Highway Services are satisfied with the additional information provided but suggest a 2 year condition to allow the situation to be monitored. 22.09.17.

- 6.0 ASSESSMENT

6.1 The application is to vary a condition that, respectively, seeks to restrict the number of children attending the nursery. This was in recognition of the number of children that had been applied for and because it was the basis of parking availability. - 6.2 The principal issue in the assessment of this application is whether or not the increase in number of children would have a detrimental impact upon parking within the locality and highway safety in general. - 6.3 While in the consideration of the previous application the issue of parking and highway safety generated some concern from local people. The main concern raised in this application was by Highway services, no other representations were received. - 6.4 Highway services were concerned about the operational layout of the car park and picking up and dropping off of children. Following a discussion with Highways the parking spaces out the front were formally marked out and further information was provided to them regarding

• parking surveys (which are detailed in their memo). They conclude that there is adequate parking provision but that at times demand will not outstrip supply. On this basis they recommend an initial 2 year consent to allow the situation to be monitored. This has been discussed with the applicant who is happy to proceed on this basis.
• 6.5 It proposed that a condition similar to that on the 2014 approval reading the parking spaces be attached.
• 6.6 On assessment, it is considered that there are sufficient parking spaces on site and in the near vicinity of the site sufficient to avoid any need for parking on the Main Road or along the side road. It is not envisaged that the increase in an additional 6 children would be likely to cause on-street parking in the vicinity of the site and as such it follows that no significant harm would be caused to highway safety or the free flow of traffic. It is also important to acknowledge that Highway Services have no objection to the current planning application.

- 7.0 CONCLUSION

7.1 Overall it is concluded that the planning application is in accordance with General Policy

2 and Community Policy 4 of the Isle of Man Strategic Plan 2016 and as such is recommended for approval, subject to conditions.

- 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:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 20.10.2017 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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