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Application No.: 17/01178/B Applicant: Douglas Borough Council Proposal: Conversion of existing nursery garden to public recreation space/adventure playground including installation of shipping container, log cabin, car parking and boundary security fencing Site Address: Proposed Adventure Playground And Extension Of Public Open Space Ballaughton Nurseries Douglas Isle Of Man Principal Planner: Mr Chris Balmer Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 09.10.2018 _________________________________________________________________
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: For the avoidance of doubt and to accord with the details submitted with the application.
The development thereafter shall be implemented in strict accordance with the approved details.
Reason: Required prior to the commencement of works on the car park to satisfy the Department that the adjacent tree will not be damaged during the works and to protect the appearance and character of the site and locality.
Reason: To maximise the use of the car park so there is adequate parking to serve the development.
Reason: In the interest of residential amenities, parking provision, as the application has been judged on the grounds that the buildings will only be used in connection with the adventure playground and for no other purpose and they are only required for the use proposed.
This approval relates to the submitted documents and drawings reference numbers E&R.17.007.1002 C, E&R.17.007.2001 B, E&R.17.007.1001 B, E&R.17.007.1003 A, and E&R.17.007.1004 A, received on 10th November 2017 and 28th June 2018.
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):
The owner/occupiers of 3 Pinehurst Glen, Douglas as they are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. _____________________________________________________________________________
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR AN APPROVAL
1.0 APPLICATION SITE - 1.1 The application site is located to the south west of Ballaughton Nurseries in Douglas. The site is a parcel of land which is undevelopment and currently unused. The site is accessed via Ballaughton Meadow to the east of the site which runs to the site and also provides access for Ballaughton Nurseries (operated by the applicants Douglas Borough Council). The site adjoins existing public open space, albeit is separated by a mature hedgerow/fencing.
2.0 THE PROPOSAL - 2.1 The application seeks planning permission for conversion of existing nursery garden to public recreation space/adventure playground including installation of shipping container, log cabin, car parking and boundary security fencing. - 2.2 Initially the application was made with Douglas Borough Council (DBC) and the Children's Centre. However, given recent events the Children's Centre is no longer involved and DBC new partner is Isle of Play. - 2.3 The site will operate term times (mon - Fri) 4.15pm till 6pm and school holidays (monfri) 10am -12pm and 2pm - 4.15pm. It is proposed there will be no more than 60 children at any one time. - 2.4 The applicants statement states: "The adventure Playground has a varied landscape with some built in play equipment. Children are able to access loose parts, water, building materials, tools, art and craft recourses and sports equipment and are free to direct their own play and build their own environment."
3.0 PLANNING HISTORY - 3.1 There is no previous planning history on this site.
4.0 PLANNING POLICY - 4.1 The Douglas Local Plan 1998 identifies the site as being within an Area of Open Space and Woodland (Nursery Grounds). Under the Draft Plan for the East the site is all designated as "Open Space". - 4.2 The following policies in the Isle of Man Strategic Plan 2016 are considered relevant.
4.3 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:
4.4 Strategic Policy 5 - 'New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies.' - 4.5 Transport Policy 7 - 'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.' - 4.6 Recreation Policy 2 - "Development which would adversely affect, or result in the loss of Open Space or a recreational facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances:
5.0 REPRESENTATIONS - 5.1 Douglas Borough Council has no objection (24.11.2017 & 31.08.2018) - 5.2 Highways Division initially sought additional information (13.12.2017); which the applicant has now provided and Highways revised comments are (27.07.2018): "Since the previous highway response dated 13/12/17, the applicant has submitted amended plans.
The Manual for Streets design guide requires highway visibility splays of 2.4m x 17m in both directions for 15mph traffic which was the surveyed 85th percentile speed from the traffic survey undertaken in the vicinity of the proposed car park in July 2017. The revised proposed site plan (drawing no. E&R.17.007.1002 issue C) shows that the existing hedging and bushes would be trimmed to improve visibility at the car park entrance from the existing access road.
Visibility splays of 2.4m x 17m would be achievable in both directions which is acceptable and could be secured via a planning condition. The amended proposed site plan shows that the proposed parking area would be surfaced with hardcore material and could accommodate car parking spaces of size 2.5m x 4.8m (with 3 wider spaces). This is slightly shorter than the minimum parking space size of 2.5m x 5m in the 'Manual for Manx Roads' design guide but is considered acceptable. There would be 6m aisle widths which is sufficient to accommodate two-way traffic and allow vehicle turning movements in and out of the parking bays.
The revised access statement drawing (no. E&R.17.007.2001 issue B) and the operating information both state that the applicant anticipates a maximum of 60 children at any one time. There are no specific parking standards for the proposed use but if it is assumed that there would be an average of 2 children per car this would require 30 parking spaces plus staff spaces. The proposed site plan shows a provision of 28 spaces which is considered reasonable as some children and staff may walk to the site. Planning conditions would be required to limit the site to a maximum of 60 children, and for the car park to be suitably surfaced so the spaces could be marked out as shown on the plan to maximise the use of the spaces, otherwise it is unlikely to be able to accommodate as many as 28 spaces and there could be a lack of parking to serve the development.
The amended access statement drawing and operating information state that deliveries would be made by prior arrangement when the proposed adventure playground is closed, and that access would be via the nursery. This is considered acceptable as it should not cause conflicts with children and should allow for vehicle turning movements and suitable access and egress. Highway Services does not oppose the application subject to the following conditions:
5.3 Arboricultural Officer - DEFA (28.12.2017) comments: "The new parking area will require the removal of one damson tree (Prunus cerasifera). This is not an issue because the tree is a poor quality specimen but the tree is not shown on the plans. Of more concern is the impact this proposal could have on the neighbouring sycamore tree which is quite prominent to pedestrians passing through the area. The creation of a vehicular access and car parking area is very likely to be within the root protection area (defined by BS5837:2012) of this tree. The application should either:
5.4 The owner/occupiers of 3 Pinehurst Glen, Douglas (05.12.2107) have no objection to the proposal, but question whether the money could be better spent on improving existing
facilities at Ballaughton Park which could be used 24/7; the proposal would only operate 2 hours a day 5 days a week; site could be used as an allotment or football park/basket ball; and the proposal exclude more than it includes and the 2.5m high metal fencing isn't needed.
6.0 ASSESSMENT - 6.1 The principle issues with this application is the use of the site for the purposes proposed; highway safety matters; and impacts upon trees. Use of the site - 6.2 The site is currently unused and not open to the public. The proposal would utilise an area of open space for a different type of play park environment for children. In turn the site would also become open to public use (albeit during certain times listed), which can only be of benefit. There are not considered to be any concerns with this use. Highway safety matters - 6.3 Highway Services have considered the application in detail and have raised not objection subject to several proposed the conditions, as referred to at paragraph 5.2. listed Those in relation to car park layout and surfacing and visibility splays which are considered acceptable. The condition proposed to control the number of children, to limit site traffic and parking demand, is not considered to be appropriate in this instance as it will be self-regulated by the number of car parking spaces available, the operation of the scheme and could deter people/children from walking to the space in case there are no play spaces available. Impacts upon trees - 6.4 The Arboricultural Officer has raised a single concern with the potential impact upon a neighbouring sycamore tree which is quite prominent to pedestrians passing through the area and the creation of a vehicular access and car parking area is very likely to be within the root protection area (defined by BS5837:2012) of this tree. He has suggested three options which the Department considers acceptable and could be worded into an appropriate worded condition.
7.1 It is recommended that the planning application is approved with 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:
8.2 The decision maker must determine:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
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:…15.10.2018
Signed :………C BALMER……….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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