Officer Report

Application No.: 17/00138/B Applicant: Michael District Commissioners Proposal: Alterations and installation of replacement play equipment Site Address: Broogh Wyllin Play Area Kirk Michael Isle Of Man Case Officer : Miss Lucy Kinrade Photo Taken: 01.03.2017 Site Visit: 01.03.2017 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE SITE - 1.1 The application site is an area of open land which is situated at the end of the residential cul-de-sac Broogh Wyllin. - 1.2 The existing area is utilised as an open play area and has 1 existing multi-functioning timber climbing frame located nearest the north-west boundary.

2.0 THE PROPOSAL - 2.1 This application seeks approval for the removal of the existing play equipment and its replacement with a new multi-functioning climbing frame, a new multi-person swing and a rotating play seat. The new equipment will be located nearest the north-west boundary of the site.

3.0 PLANNING HISTORY - 3.1 There have been a number of applications on the site, the most relevant in the assessment of the current application is PA 09/00327/B for the erection of play equipment which was approved in 2009.

4.0 PLANNING STATUS - 4.1 The application site is located within an area identified as being "predominantly residential" on the Kirk Michael Local Plan. Within the Isle of Man Strategic Plan 2016, the following policy is considered relevant: - 4.2 General Policy 2.

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:

• 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; e) does not affect adversely public views of the sea;

• 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; 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."

5.0 REPRESENTATIONS - 5.1 The Department of Infrastructure have indicated that there is no highways interest in the application. - 5.2 The MUA have not objected to the application but have provided advisory comments to the Commissioners regarding the close proximity of the public sewer which crosses the site. No part of the construction or any trees are to be planted within 3m of any public sewer. 01/03/2017.

6.0 ASSESSMENT - 6.1 In terms of assessing the application before us, ultimately what is proposed is the removal of existing play equipment which is of poor condition and its replacement with 3 new pieces of play equipment. The main issues to be considered in the assessment of this application are whether the proposed play equipment would be detrimental to the surrounding area or to the amenity of adjacent properties. - 6.2 The installation of such equipment will help to improve the current facilities and update the equipment for the benefit of its users. It is not expected that its installation will generate any impacts on the amenities of the neighbours above what is already in existence and it is expected that the character of the area will remain undisturbed. - 6.3 Given that the current application now proposes additional equipment it may be likely that additional children may visit the play area which may bring about a rise in general activity levels, however given that no comments have been received from local residents, it is reasonable to consider that the existing play equipment on the site has not resulted in any activity which is considered detrimental to the amenity of the neighbours or to the area and therefore the new equipment should hopefully not also. - 6.4 Given the location of the play area within a large residential Kirk Michael it is expected that its users will be accessing the area on foot as the majority of the users will likely be residents in the local area. It is not expected that the proposal will impact the local highway or impede on highway safety and that the existing car parking area of the existing properties will not be impacted to warrant a refusal. - 6.5 Overall the proposal is a welcomed addition to the existing playground and to Kirk Michael.

7.0 RECOMMENDATION - 7.1 The application is in accordance to the standards as set out in General Policy 2 of the Isle of Man Strategic Plan 2016 and is recommended for approval.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, 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; (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation: 13.03.2017 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• 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.

• C 2. No trees are to be planted within 3m of the nearby pubic sewer. Reason: In the interest of Manx Utilities protection and access to the public sewer.

This approval relates to the site and location plan, Groundcare Specification Brochure and associated photographs all date stamped and received 07/02/2017.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 13.03.2017 Determining officer

Signed : C BALMER Chris Balmer Senior Planning Officer

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