24 May 2006 · Minister for Local Government and the Environment (following appeal Inspector's report)
Memorial Hall, Main Road, Union Mills, Isle Of Man, IM4 4ab
Braddan Parish Commissioners applied to use the existing Memorial Hall and approved portacabin facilities as a day nursery operating 08:30-18:00 Monday-Friday for up to 16 children aged 2-4. The site is adjacent to the busy A1 Peel Road with no on-site parking, relying on nearby areas or roadside.
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The initial refusal by the Director of Planning (18 May 2006) was solely on highway safety grounds: the nursery use would lead to parents parking on or dropping off near the A1 Peel Road (heavily traf…
Time limit for implementation
The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.
One-year temporary permission
This approval for the use as a Children's Day Nursery is for a period of one year from the date that the use commences. The use hereby permitted shall be discontinued at the conclusion of this period, unless the Planning Authority has approved any extension in writing, following which the use of the Memorial Hall shall be restricted to those uses which were lawful at the commencement of the use.
noted the application, as they are the applicants
architect to consult with the fire safety department with regard to the fire precautions contained within the premises
requested that the needs of disabled access are considered
wish to be kept informed of a decision
Highways Division objects due to inadequate parking, dangerous pedestrian access along the A1, and potential for illegal parking causing congestion; Braddan Parish Commissioners noted the application as their own without objection; other consultees raised access conditions or no comment.
Key concern: Pedestrian access and egress along industrial road and A1 footway leading to illegal parking and congestion on peak-hour strategic route
Department of Transport Highways Division
ObjectionThe Department of Transport Highways Division believes these arrangements could work satisfactorily if the A1 road frontage of the site was secured to prevent pedestrian access and a purpose built footway was made available along the front garden of the adjacent old church to the car parking facilities to provide safe access and egress.; There are no/insufficient details given on parking and access requirements to evaluate the application.; This development has the potential to conflict with the peak hour traffic on the A1 strategic route.
Conditions requested: A1 road frontage of the site was secured to prevent pedestrian access and a purpose built footway was made available along the front garden of the adjacent old church to the car parking facilities to provide safe access and egress
Braddan Parish Commissioners
No CommentThe Commissioners resolved to receive and note the application, as it was an application submitted by the Commissioners.
Social Services Division
No Commentthis office will not be lodging an appeal or making comment regarding the above.
Social Services Division
No CommentWe would be grateful to receive information and subsequent outcomes regarding the above application.
Disability Access Office
Conditional No ObjectionConditions requested: Entrances should be accessible to an unassisted wheelchair user.; Exits, particularly for emergency evacuation should be accessible. Where this is not possible for all exits then those that are accessible should be marked accordingly.; Accessible emergency exits should lead on to pathways that provide an accessible route away from the building and not alongside it.; All reception counters should contain at least one section suitable for wheelchair users.; Corridors should be wide to allow for the very heavy pedestrian traffic expected at set times and should contain respite areas, outside of the main flow to allow any person with mobility difficulties to stop and rest.; Facilities, including toilets should be available for disabled and able bodied Children.
Isle of Man Fire And Rescue Service
No CommentThe original application for approval in principle for additional use of the Memorial Hall as a children's day nursery was refused by the Planning Committee on 24 May 2006 due to potential conflict with traffic on the A1 strategic route from lack of car parking. The appellant argued that existing community uses of the hall with high attendance have not caused on-street parking issues, supported by recent purchases and approvals for off-street parking, previous 1998 playgroup approval, and willingness for conditions like double yellow lines or safety railings. The Council defended the refusal citing highway safety risks from peak-time drop-offs on the busy A1, despite acknowledging minimal amenity impact. The inspector shared initial highway safety concerns from the Department of Transport but was persuaded by evidence of no past parking problems, community warden enforcement, and proposed parking solutions, recommending a one-year temporary approval to monitor the use. The appeal was allowed subject to conditions including a four-year take-up period and one-year temporary permission.
Precedent Value
This appeal shows that strong empirical evidence of no past highway issues from similar intensities, combined with proactive parking solutions and acceptance of temporary permissions, can overcome A1 safety refusals even without ideal on-site parking. Future applicants should prioritise long-term monitoring data and enforcement commitments over theoretical parking standards.
Inspector: Terrence Kemmann-Lane
