Officer Report Recommendation

Part 2: Case Officers Report. {{table:310594}}

Officer's Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE NUMBER OF OBJECTIONS RECEIVED.

1.0 Introduction

1.1 An application was submitted seeking planning approval for the erection of fencing and change of use to outside play areas. The fencing proposed was to be lollipop type fencing measuring no higher than 1.25 metres high. After discussions with Highway Services it was noted that the lane to the west of the site is not an adopted highway and as such the fencing could be erected under the provisions of Class 39 of the Town and Country Planning (Permitted Development) Order 2012. Therefore, an amended planning application was submitted solely seeking approval for the change of use of the fenced off external areas to outside play areas.

1.2 The fencing will be completely contained within the application site and with regards to Areas B and C, no fencing would erected on the lane that runs to the west of the site.

2.0 The Application Site

2.1 The application site is the curtilage of Storytime Nursery and a parcel of land immediately abutting the east of the application site building. Storytime Nursery is a single storey building located to the east of Nursery Avenue in Onchan. The site comprises a concrete apron to the western and southern side of the building. The site is accessed via a narrow lane off Nursery Avenue that also serves the rear of Nos. 1 to 25 Nursery Avenue.

2.2 To the east of the site is Onchan District Commissioners Office and associated car park. To the north east of the site is a public park and to the west and northwest of the site are predominantly residential areas.

3.0 The Proposal

3.1 The planning application seeks approval for the change of use of three external areas for use as outside play areas.

3.2 The areas to be used as outside play areas have been labelled A, B and C on the

Case Officer:	Miss Melissa McKnight
Photo Taken:	13.08.2014
Site Visit:	13.08.2014
Expected Decision Level:	Planning Committee

submitted drawings. Area A is a section of grass abutting the eastern elevation of Storytime Nursery alongside the Onchan Commissioners Car Park. Area B is located south/south west of the site and comprises an area of hardstanding. The final area, C, is located to the north west of the site and again comprises an area of hardstanding. The areas will be demarcated with timber lollipop fencing that will be no higher than 1.25 metres to Areas B and C and no higher than 1 metre high to Area A.

3.3 The areas would be only used during the nursery opening times. Areas B and C would be attached to two different class rooms and would act as an extension to these classrooms and be used when weather allowed. There would be no fixed structures in the areas and any objects that would be placed would be movable and be returned back inside the premises when not in use.

4.0 Planning History

4.1 Previously, planning permission was granted in 2012 for the change of use from a former joiner's workshop to a nursery school under PA 12/01006/C.

5.0 Planning Policy

5.1 In terms of local plan policy, the application site is located within an area zoned as Predominantly Residential under the Onchan Local Plan 2000. It is relevant to note that the land to the immediate south and north east is zoned as Mixed Use: Offices/Industrial/Car Park.

5.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material 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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (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;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (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;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

6.0 Representations

6.1 The Department of Infrastructure Highway Services do not oppose the current planning application.

6.2 Manx Utilities have no objection to the planning application and recommend that adequate road gulleys are positioned in the rear land to collect any surface water runoff in order that it is not diverted onto any third party.

6.3 A representation has been received from the owner and/or occupier of No. 3 Nursery Avenue (14/07/2014) who state that the erection of the fencing to the rear lane is not a good idea for traffic related issues, after heavy rain water runs down the lane and a suggestion was made regarding the existing and continuing use of the play park to the north east of the site.

6.4 A representation has been received from the owner and/or occupier of No. 11 Nursery Avenue (22/07/2014) objecting to the planning application on the grounds of the problems the proposal will cause using the lane and access for emergency vehicles.

6.5 A representation has been received from the owner and/or occupier of No. 28 Victoria Road, Castletown on behalf of the owner and/or occupier of No. 73 Main Road (22/07/2014) who has raised the following comments:

• No ground measurements have been shown as required by Section 22 of the planning application form;
• It is not clear what area is to be enclosed by the fencing; and
• The owner and/or occupier of No. 73 Main Road parking area will be badly affected by flooding and debris unless a properly constructed drainage system is provided with this development and the debris and storm water is washed down the rear lane to be efficiently diverted to prevent accumulation at the rear of No. 73 Main Road;
• There is no objection to this proposal, it is simply requested that a suitable drain water drainage facilities.

6.6 A representation has been received from the owner and/or occupier of No. 13 Nursery Avenue (23/07/2014) objects to the planning application on the following grounds:

• The fencing at the rear would be detrimental in allowing for access to off street parking for neighbours, deliveries, and other service vehicles;
• Areas B and C would result in a reduction in vehicular access; and
• Areas B and C are not a safe environment for the children.

A further representation was received from the owner and/or occupier of No. 13 Nursery Avenue (24/09/2014) objecting to the planning application on the following grounds:

• The area proposed for development under the amended site plan has increased and claims even more of the service lane at the rear;
• The site plan of the proposed development appears to be extending the boundary and extent of the site beyond the boundary that was documented under PA 12/01006/C;
• The applicant has not provided any evidence that this service lane constitutes the curtilage to the existing building. In particular Area B on the site plan is not currently used with the building and would not therefore come under the definition of curtilage as detailed under Article 3 of the Town and Country Planning (Permitted Development) Order 2012;
• The applicant has not provided any evidence of their right to claim any part of an unadopted highway as being available for development or that it constitutes the curtilage to the existing building; and
• Health and safety of the children using areas marked B and C.

6.7 A representation has been received from David Quirk MHK, Chairman of the Onchan Silver Band (25/07/2014), who use the building immediately to the north of the site raising the following concerns:

• The planning application would be detrimental to Onchan Silver Band and others living by; and
• The erection of the fencing would restrict access.

A further representation has been received from David Quirk MHK, Chairman of the Onchan Silver Band, (29/09/2014), objecting to the planning application on the following grounds:

• The rear lane is not owned by Onchan Commissioners and the land in which the fence is to be built on is neither owned by the Commissioners or by the applicant;
• The application detail plans are not scaled and this gives a false impression to any objectors as to the true measurements of the plans;
• The operation is a commercial operation at the rear of a residential area; and
• The positioning of any structure in the rear lane which is not owned by the Commissioners or the applicant.

7.0 Assessment

7.1 Given the extant planning approval of PA 12/01006/C it is considered that the general principle of a nursery is acceptable. The role of this planning application is to assess the site specific impacts and acceptability of the use of the proposed external areas as outside play areas. When assessing the site specific impacts the three main considerations of the assessment are 1) impact on public amenity; 2) impact on private amenity; and 3) impact on highways.

7.2 In respect of the impact on public and private amenity given the size of the nursery, the hours of operation of the nursery, the existing uses within the locality and the relationship of the nursery to existing residential properties within the surrounding area it is considered that the residential amenity of those residential properties would not be unduly affected by the proposal.

7.3 The outside play areas would be used only during nursery opening hours and would not be used constantly from open to close. In addition, the outside areas will only be used when the weather is suitable. The previous use, as a joiner’s workshop, gave potential for anti-social noise to be created which could undermine the amenity of adjacent properties. The outside play areas would be enclosed, and would be used sparingly throughout the day in suitable weather. It is considered that there would be not a substantial increase in noise level as to warrant a reason for refusal.

7.4 There would be no fixed structures placed in the areas and as such the proposal is not considered to harm the visual amenity of the area. If any movable structures were placed during use times then these would be subordinate to the use of the nursery and would not appear incongruous within the locality. It is considered that the change of use is deemed acceptable with the provision of the outside play areas providing an additional use for the nursery.

7.5 In terms of impact on highways it can be seen that a number of representations to the planning application have expressed concerns over the effect of the fencing. It has previously been clarified that the fencing can be erected under the Town and Country Planning (Permitted Development) Order 2012. Notwithstanding this, no fencing would be erected on the lane. It is also important to acknowledge that Highway Services have no objection to the planning application.

8.0 Other Matters

8.1 A number of concerns have been raised regarding the erection of fencing causing traffic related issues to the rear lane. The application site encompasses the building, a concrete apron to the west and south of the site and a grassed area to the east of the site. The fencing can be erected under the provisions of Class 39 of the Town and Country Planning (Permitted Development) Order 2012. There would be no fencing erected on the lane to the west of the site, all fencing remains within the curtilage of the building and outlined application site.

8.2 There have been a number of comments made regarding the drainage of the lane and the resultant debris that is washed down the lane towards No. 73 Main Road as a result of the heavy rain. As reiterated throughout this report, the fencing can be erected under Permitted Development. The issue of drainage and water run off seems to be an existing issue and thus this problem should be directed to Manx Utilities.

8.3 There have also been a number of comments made regarding land ownership. Land ownership is not considered a material planning consideration and therefore holds no weight in the assessment of this planning application.

9.0 Recommendation

9.1 It is recommended that the planning application be approved.

10.0 Party Status

10.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure) (No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application, Highway Services, and the Local Authority in whose district the land the subject of the application sits.

10.2 In line with Article 6(3) of the Town and Country Planning (Development Procedure) (No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:

The owner and/or occupier of 3 Nursery Avenue; The owner and/or occupier of 11 Nursery Avenue; The owner and/or occupier of No. 73 Main Road; The owner and/or occupier of 13 Nursery Avenue; and David Quirk MHK, Chairman of the Onchan Silver Band.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 29.09.2014

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1.

The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

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.

This approval relates to Location Plan, Site Plan, Proposed Outside Play Areas, 2 x Photos A, Photo B, Photo C and Photo B and fence example date stamped as received on 26th June 2014 and Site Plan, 2 x Photos Section A, Photo Section B, Photo Section C and Fence Details date stamped 1st September 2014.

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 : D. M. H. L. L. Committee Meeting Date : 12/10/2014

Signed : R. M. T. S. Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

NO