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Application No.: 18/00376/B Applicant: Mrs Samantha Lund Proposal: Alterations in connection with an additional use of hall as a children's day nursery, including the erection of timber fencing to create a secure outdoor area Site Address: Lezayre Church Hall Churchtown Ramsey Isle Of Man IM7 2AN Principal Planner: Mr Chris Balmer Photo Taken: 31.05.2018 Site Visit: 31.05.2018 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 12.06.2018 _________________________________________________________________
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 safeguarding the welfare of children, highway safety and in the interest of visual amenities of the area.
This approval relates to the submitted documents date stamped 09.04.18 and drawings reference number LCH-PA-01 date stamped 11.05.18 and "Site Plan" date stamped on 13.06.18.
_______________________________________________________________ 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):
The Rectory, Churchtown, Ramsey
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):
Churchtown Cottages, Churchtown, Ramsey (two separate correspondents) Elm Bank, Churchtown, Ramsey (two separate correspondents) Woodlands, Lezayre Road, Glen Tramman _____________________________________________________________________________
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 application site is Lezayre Church Hall, Churchtown, Ramsey which is a detached building located to the south of Lezayre Road and north of the Churchtown Loop Road. Access to the site can be achieved from existing accesses from the Lezayre Road and the Churchtown Loop Road. To the south of the building is a car park associated with the building.
2.0 THE PROPOSAL - 2.1 The application seeks planning approval for the alterations in connection with an additional use of hall as a children's day nursery, including the erection of timber fencing to create a secure outdoor area. - 2.2 The applicants indicate the used would be for children aged 0-5 years old and will initial cater for up to 20 children at first and potential increase to 32 over time (the building is large
2.4 The nursery would be closed for one week at TT, Grand Prix (inside course) and at Christmas and for bank holidays. - 2.5 It is proposed that access and egress would be via the Churchtown Loop Road only, due to the restricted visibility onto the Lezayre Road. - 2.6 Fencing and a gate is proposed to be erected within the site to achieve this and to ensure children cannot access onto the Lezayre Road form the site/car park.
3.0 PLANNING HISTORY - 3.1 The previous planning application is considered relevant in the assessment and determination of this application: - 3.2 Creation of car park to rear of church hall - 99/00710/B - APPROVED
4.0 PLANNING POLICY - 4.1 The site is within an Area of High Landscape Value and Scenic Significance but not designated for under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area. - 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 Recreation Policy 2 seeks to protect facilities that is or has the potential to be of recreational or amenity value to the community, unless alternative provision of equivalent community benefit is made or where there would be an overall community gain from the development. - 4.12 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. - 4.13 Community Policy 3 seek development (including the change of use of existing premises) which results in the loss of a local community facility (other than shops and public houses) will only be permitted if it can be demonstrated that it is no longer practical or desirable to use the facility for its existing use or another use likely to benefit the local community.
5.0 REPRESENTATIONS - 5.1 DOI Highway Services do not oppose and make the following comments (received on 15.05.2018): "The application states that the proposed nursery would be for children up to 5 years in age and would operate between 8am and 6pm. The applicant intends to accommodate up to 20 children initially, with a potential increase up to 32 children over time. The area fronting the church hall adjacent to the A3 Lezayre Road would be fenced off to create an outdoor play area.
There is an existing car park behind the church hall that should be able to adequately accommodate the parking demand from nursery staff, and pick-up and drop-off movements from the parents of children attending the nursery. Vehicular access to the car park can be gained from the A3 Lezayre Road and the loop road behind the hall named Church Hall.
During discussions with Highway Services at pre-application stage, it was requested that the nursery would not be accessed directly from the A3 Lezayre Road due to highway visibility being restricted for motorists exiting the site onto this route. The applicant has agreed to all vehicular access and egress movements to/from the site being via the rear 'Church Hall' loop road. A planning condition is required to secure this on highway safety grounds. There is no footway adjacent to the site on the A3 Lezayre Road, but there is a footway on the opposite side of the road which could be used for any children travelling to the site on foot. Highway Services does not oppose the application subject to a planning condition for all vehicular access and egress movements to/from the site to be via the 'Church Hall' loop road to the rear of the site.
Recommendation: DNOC"
5.2 The Lezayre Parish Commissioners initially recommended a refusal (11.05.2018) on the grounds of highway safety concerns regarding children when outside the external play/activity area and seek assurances that the two entrances to this site from the main road (TT course) are gated so that they are not used at all to access the site; they are outside the fenced play area should be completely secure to the highway, as this is critical when children are being delivered and collected from the Nursery; would it be prudent to introduce a speed limit on the Loop Road; Visibility is poor for the Loop Road onto the TT junction (War Memorial exit); Commissioners support the Nursery, but feel that the road safety issues are paramount. Following their concerns the applicant entered into discussions with the Department/Commissioners/Highways and amended the scheme to include the additional information fencing and a gate to overcome the Commissioner's initially concerns. Following this information the Commissioners have recommended an approval of the application (15.06.2018). - 5.3 The owners/occupiers (two separate correspondents) of Churchtown Cottages, Churchtown, Ramsey have objected to the application which can be summarised as (11.05.2018, 22.05.2018 & 01.06.2018); concerns of location of yellow notice being displayed on the main road instead of the Loop Road; do not consider fenced secure area would be safe area for the purposes intended; plans do not show if there is going to be a buffer area between the fence and the play/activity area; would air quality be undertaken; fenced are not in keeping with area; who will ensure signage and other notices would be sympathetic with surroundings and adjacent graveyard and Rectory; works would surely need a change of use rather than just an additional use; site is not easily accessible requiring vehicular transport to travel to; extra load on the country lane through Churchtown will increase danger to road safety for the residents; residents of Churchtown will no longer be able to use the loop in safety or with much degree of ease due to the impact of the significant increase in vehicular activity; no pavements in Churchtown; Churchtown is not suitable for an increase in traffic; additional highway improvements should be undertaken if approved; exiting the junctions onto Lezayre Road is dangerous and a fatal accident has already occurred; feel there will be a greater increase in the possibility of accidents at these two junctions; Church town is very narrow in places unsuitable for two way traffic; car park might not have enough capacity for the demands being made on it; other uses (funerals, visitors to graveyards) may reduce the amount of car parking available; concerns of waste collections from site as Churchtown only has waste collect once a fortnight; is the sewerage system at the Church Hall adequate; traffic generated by 32 children and 4 staff would equate to a total of 136 movements per day (680 per 5 day working week); has a traffic impact survey been undertaken/current traffic load; noise pollution concerns due to traffic movements; and children/parents; increase noise from car doors opening and closing (i.e. 200 actions per day for 32 children and 4 staff); the peace and nature beauty of Churchtown should be preserved at all costs; proposal would bring noise, traffic, rush, distraction, disruption and pollution; and bookings are already been taken accordingly to applicants Facebook page. - 5.4 The owners/occupiers of The Rectory, Churchtown, Ramsey have objected to the application which can be summarised as (15.05.2018); there will be an increase in noise level when children play outside and when people are entering and leaving the nursery; highway safety concerns due to increase number of vehicles entering and leaving the loop road; there is reduced visibility in both directions when turning right towards Ramsey; care is also needed when turning towards Sulby even with the existing mirror in place; there is no sig on the highway indicating a left-hand turn into Churchtown when travelling from Ramsey; loss of privacy due to increase of cars parking in car park; and sceptic tank/oil tank for the nursery is under the garden of The Rectory and access is via the same.
5.5 The owners/occupiers of Elm Bank, Churchtown, Ramsey (two separate correspondents) have objected to the application which can be summarised as (14.06.2018 & 22.06.2018); The bus stop is directly outside the Church Hall, how will people be able to access the bus stop of the fence/gate is erected; the 6ft high fencing to create the children's outside play area is not safe as they could trough a ball over the fence into the road; Churchtown is a very quiet road and it is potentially going to end up as a dangerous and busy as the main road; my children use the Churchtown road to and it is unfair to take a part of what has been a way of life for us for some years; will I have to drive them to school meaning another vehicle on the road; if the application is approved the Government are going to have spend a considerable amount of money to ensure the safety of pedestrians and road users and maintain the area a great deal more than they do at present; and consider the Planning Committee visit the area. Potentially 320 cars per day travelling on our single track road; highway safety concerns of pedestrians given there are no footpaths which is dangerous; most customers would arrive and depart by car cause traffic congestion and disturbed homeowners; junctions at either end of Churchtown are of high risk already without a large volume of traffic; they also blind and a danger to traffic pulling out; Churchtown road is narrow and not maintained and unsuitable for additional traffic; the car park was not designated to hold the capacity of which is being proposed; the car park is also used for persons visiting the graveyards and funerals no lighting in car park which could result in a unsafe incident in winter periods; noise impact upon persons visiting the graveyard/funerals taking place; noise pollution by cars; the area is naturally peacefully and in a rural location and the proposed business is totally unsuitable; and the junctions at either end of Churchtown are extremely dangerous due to the natural bends in the road, causing the junctions to be blind; there is no right turn at the western end of the road meaning all traffic turning right will have to manoeuvre and return from the Ramsey side junction. - 5.6 The owner/occupier of Woodlands, Lezayre Road, Glen Tramman have objected to the application which can be summarised as (11.05.2018); believe it is unsafe to increase the traffic on the Churchtown loop road; number of accidents on the Churchtown section of the Lezayre Road and one fatality in recent years; no speed restrictions; section of the road is very fast and it can be extremely difficult for those of us who live on this stretch of road to leave our driveways safety; the additional traffic created by the nursery will make travel more hazardous than it already is; and I would only consider removing my objection if substantial efforts were made to reduce the speed of drivers on the Lezayre road to 30mph or 20mph.
6.1 The key issues when determining this application are; principle of the additional use of the church hall; highway safety/parking provision issues; and potential impact upon neighbouring amenities. Principle of the additional use of the church hall - 6.2 The site is not allocated for the development proposed. However it is not designated for any specific development, but clearly has been in use as an established community/church hall for a significant period of time. If the proposal was to result in the total loss of a community/church hall, then this could be considered to be a loss to the community overall. However, the building would provide an additional use, with little internal alterations which would help support the long term survival of the building as a whole. - 6.3 Further, the additional use of community/church hall for a children's nursery is not unusual. There are across the Isle of Man a number of children's nurseries and pre-school nurseries that are occupied within such premises such as Braddan Church and The Old Chapel in Union Mills. - 6.4 It is accepted that there are not a substantial number of residential properties near to the site, which would travel to the site via public transport/walk and the main means of travel would likely be via car. Accordingly, it could be considered contrary to Community Policy 2.
However, as mention above the proposed use would be using an existing building (rather than a brand new building) and is on a principle traffic route into Ramsey, which is a main Service Centre (Spatial Policy 2) on the IOM and therefore it is not considered unreasonable to consider the nursery would likely serve residents of the north of the Island, perhaps travelling to work in Ramsey or Douglas.
6.4 Accordingly, for these reason it is not considered the principle is unacceptable and would meet the aims of Strategic Policy 1, Community Policy 3 and Recreation Policy 2. Highway safety/parking provision issues - 6.5 As with the majority of application for new children's nursery, the most contentious issue relates to highway safety and parking issues. - 6.6 It should be noted that the existing access from the site onto Lezayre Road is wholly unsuitable for any traffic to leave, given it has little to no visibility to the right (on a slight bend). It is noted when visiting the site a "no exit" sign is attached to the pillars of the exit. There is also appears to have been a more inform exit to the north east corner of the site, again exiting onto the Lezayre Road. However, a fence appears to have been erected in recent time to essentially block this entrance. It is consider, where by planning condition restrict person existing and/or fences/gates been installed, it is critical to prevent person/s exiting this existing entrance onto the Lezayre Road, but rather use the existing access onto the Loop Road. - 6.7 The applicants agree with this concern, which is also shared by Highway Services. Accordingly, a scheme for a fence/gate is erected to the side of the church hall (eastern elevation) which would prevent persons from exiting the site from the existing car park. With an appropriately worded condition, it is considered this solution would overcome the concerns. It should be noted that this is an existing situation, and currently only a small sign stating "No Exit" exists on the pillars either side of the exit onto the Lezayre Road, albeit while visiting the site this was covered by ivy. Arguable, with the condition in place, would significant improve highway safety of the existing situation. - 6.8 It is noted the owners of the property (The Parochial Church of Bride) have also agreed with such a condition making the following comments on the matter:
"There is no doubt the gate will have to be locked for the majority of the time with access only being available in that gateway on request and/or in particular circumstances (for example the funeral of a well-known individual when a large number of people may be expected). No access out of that gateway will be permitted. In summary the gate should be kept locked at all times unless there are very good reasons for access in to be gained through the gate."
6.9 While the existing car park does not have spaces which are formally laid out (constructed of grasscrete which makes it difficult to do so); however, the spaces available are considered sufficient to serve the needs of the nursery/church hall/other uses. This is especially the case, given nursery's generally have short intermittent times throughout the day, where parents are generally only at the site a few minutes for drop off and pick up periods, rather than parking for prolong period of times, which again could be the case for uses associated with the uses as a Church/Community Hall where persons maybe park for an hour or more. - 6.10 Highway Services have considered the visibility from the site, available parking provision and traffic capacity of the Churchtown Loop Road/junctions and have raised no objection to the proposal. Accordingly, with no objection being received from Highway Services, the Department is satisfied that the additional use of the site as a nursery, which will increase traffic along the Churchtown Loop Road is acceptable and comply with Transport Policy 4 & 7. Potential impact upon neighbouring amenities
6.11 The main issues which arise with children's nurseries and nearby residential properties are noise generated by the children, normally when they play outside, and the traffic generated by people coming and going from the nursery during drop off and pickup times. - 6.12 The main property to be potential affect by comings and goings from the site and potential for overlooking are the owner/occupants of The Rectory (shown as The Vicarage on submitted plans), which is immediately to the west of the application site. It is noted that the car park is essentially in line with the gable end of The Rectory and front driveway. Along the boundary shared by these properties is a row of mature trees, with a post and wire fence with landscaping in places. Views are achievable, albeit, not direct views in to the dwelling itself, nor to the main external amenity space (rear garden). 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 Lezayre Road and to a lesser extent on the Loop Road. The traffic coming and going from the site would not be at intermittent times throughout the day, and likely to be concentrated at three periods each week day, being around 8/9pm, midday and 5/6pm. Outside these hours there is likely to be little traffic to and from the site. Nonetheless, the site is located adjacent to the Lezayre Road that has a fairly constant flow of traffic throughout the day so the passing of vehicles would not be uncommon in this area. Further, it is noted, again this is an existing situation and that any person/s visiting the Church/Community Hall would potential create some disturbances, whether this application is approved or refused. Accordingly, in relation to these issues it is not considered the proposal would significant increase the impacts upon neighbouring amenities to warrant a refusal. - 6.13 In relation to noise created by children, namely playing in the outside area, it is noted that the Church Hall being sited further forward to The Rectory and consequently the proposed external play area being located ever further forwards and away from the neighbouring property, will help in limiting the noise levels to the occupants of the dwelling. It is also noted that The Rectory and its rear garden backs immediately onto Lezayre Road which is a principle traffic route. Accordingly, the existing level of disturbances is already greater due to passing cars, compared to an isolated dwelling in the countryside. Accordingly, while it is acceptable that there would be the likelihood of greater noise created by children playing outside to this neighbouring property; it is not consider this proposal would result in a significant adverse impact to warrant a refusal on this ground. - 6.14 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 properties. It is judged that the additional 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:
8.2 The decision maker must determine:
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:…02.07.2018
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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