Officer Report

Application No.: 17/00985/B Applicant: Garff Commissioners Proposal: Installation of Children's Playground Equipment Site Address: Open Space All Saints Park Lonan Laxey Isle Of Man Case Officer : Mr Chris Balmer Photo Taken: 28.09.2017 Site Visit: 28.09.2017 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 15.11.2017 _________________________________________________________________

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 construction shall take place until signs have been erected in accordance with a traffic management plan approved in writing by the Department and these signs are required to be erected prior to the operation of the children's play area and retained thereafter unless otherwise agreed in writing by the Department. The applicant is recommended to discuss this matter with DOI Highway Services prior to submitting the information.

Reason: To ensure that traffic has adequate warning of children going to the playground in the interests of highway safety.

Plans/Drawings/Information;

This approval relates to drawings reference numbers 1AS, 2AS, 02 and the Groundcare "New Play Area All Saints Park" document all received on 11th September 2017.

_______________________________________________________________

Interested Person Status – Additional Persons

In accordance 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 not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:

43 All Saints Park, Lonan, Laxey _____________________________________________________________________________

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT

1.0 THE APPLICATION SITE - 1.1 The application site is a parcel of underdeveloped land which was allocated as Open Space when All Saints Park housing estate was developed within Lonan. The site is almost square in shape located to the eastern side of the All Saints Park estate road. The site is sloping in nature running downwards from the estate road to the eastern boundary of the site. Fronting the roadside boundary (west) of the site a lay-by exists available for parking for visitors of the site. - 1.2 Along the boundaries of the site (north, east and west) a 1.8 metre high timber fence can be found, as well as mature landscaping which varies in height, but which is generally above that of the fence line.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the installation of Children's Playground Equipment. The proposal includes the installation of five pieces of equipment, laying of soft play surface around the equipment, installation of crushed stone/bark paths linking the equipment to each other and some ground works will be necessary to create a level ground level for some of the equipment.

- 3.0 PLANNING HISTORY

3.1 The following planning application is considered of material relevance to the determination of the current application: - 3.2 Residential development comprising 43 dwellings, roads, plots and sewers - 00/01342/B

• As this previous planning application was made by DLGE it was the subject of a public inquiry and consideration by the Governor in Council. The Governor in Council accepted the recommendation of the appointed Planning Inspector and approved the planning application on the 30th July 2001.

- 4.0 PLANNING POLICY

4.1 In terms of local plan policy, the application site is designated as 'Proposed Predominately Residential' use and identified as 'Area 17' all under the Laxey and Lonan Area Plan Order 2005. The site is not within a Conservation Area. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 which was adopted by Tynwald and forms Government Policy contains a number of policies considered specifically material to the assessment of this current planning application:

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:

• (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."

4.4 Recreation Policy 4 states: "Open Space must be provided on site or conveniently close to the development which it is intended to serve, and should be easily accessible by foot and public transport." - 4.5 Paragraph A.6.3.1 of the IOMSP states: "It has been argued that access to large gardens and transport reduces the importance of the children's playing space standard in certain areas. Gardens of private dwellings need to be of a sufficient size to accommodate the day to day needs of very young children; however, as children grow older, the role of the private garden, irrespective of its size becomes less important as play space. Children need access to play areas, where they can meet others of their own age and learn the important art of socialisation, which private gardens do not facilitate. Private gardens perform a multitude of other functions and are specifically excluded from the standard." - 4.6 The relevant local plan document for the application site is the Laxey and Lonan Area Plan Order 2005. This document was approved by Tynwald on the 20th October 2005 and came into effect on the 1st November 2005. Under map no. 2 of the document the application site is zoned as proposed predominantly residential use and is specifically referred to as area 17 and he following policy was included which states: - 4.7 L/RES/PR/12 - Land adjacent to Ballacannel - Area 17 states: "Residential development may be permitted on this site where this complies with the following development brief:

• 1. development must include a mixture of house types and densities with the density of development decreasing and space between dwellings increasing as one proceeds towards the north eastern end of the site to result in a density and style of housing adjacent to "Langdale" similar to these existing dwellings to the north of the development site. Development may include high density, starter homes. The houses to be built on the site must be designed so as to have variety and interest with a range of designs, materials and finishes and should avoid the use of light coloured dash, brick or render so as to minimise the impact of the development as viewed from further afield.

• 2. the detailed submission must include a landscaping scheme which makes provision for the breaking up of the buildings and the softening of the edge of the development on its western side. This must be complemented by a layout which does not present a regimented line of buildings along the western boundary.
• 3. detailed proposals must include full details of the connection of the new development to the main sewer.
• 4. the layout must include useful parcels of properly located open space which may be used for children's play.
• 5. at least 20m must be maintained between the fronts and/or rears of new dwellings proposed within this site and the rear of existing property where these are directly alongside each other taking into account future proposals for conservatories and garages. The layout and landscaping proposals must take account of the proximity of existing properties and as most of these will be lower than the proposed dwellings, car must be taken to avoid overlooking or diminution of the privacy or amenities of the existing adjacent dwellings.
• 6. no vehicular access may be provided to service the site directly onto Croit-e-Quill Road due to the narrow nature of this highway and the proximity of existing properties to both the road and the laneways leading to the development site."

- 5.0 REPRESENTATIONS

5.1 Highway Services do not oppose (received on 29.09.2017 and make the following comments: "The proposal is to erect play equipment on a vacant plot within a residential area. There will be no boundary treatment along the highway boundary; there is layby parking along the length of the highway boundary that restricts visibility of plot and anyone standing on the footway adjacent to the plot from approaching drivers.

It is recommended that warning signs to diags 545 & 547.2 of the Traffic Signs Regulations and General Directions are erected in advance of the plot at appropriate locations.

Highway Services does not oppose this application subject to the following condition:

1. No construction shall take place until signs have been erected in accordance with a traffic management plan approved by the Department.

Reason: To ensure that traffic has adequate warning of children going to the playground in the interests of highway safety."

5.5 The owner/occupier of 43 All Saints Park, Lonan, Laxey (20.09.2017) has commented to the application which can be summarised as; surprised the scheme has proceeded the site is used by dog walkers and who do not clean up after their dogs and consider to be a health concern as the proposal would encourage children playing on the site. - 6.0 ASSESSMENT

6.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application; (a) principle of development; (b) potential impact upon neighbouring amenities; (c) potential impact upon the visual amenities of the area; and (d) potential impact upon highway safety.

Principle of development

6.2 As indicated within the 'Planning Policy' section of this report, the site was allocated as public open space when the estate was developed. Further, Policy L/RES/PR/12 of the Laxey and Lonan Plan indicated that the layout of this housing development must include useful parcels of properly located open space which may be used for children's play. While its location is ideal, it is arguable that given the steepness of the land that the use of the site as public open space is not ideal. However, the proposals includes some cut and fill on the site to

create level plateaus for the equipment to sit within, the site and essentially makes the space a lot more usable than currently.

6.3 The site is also located within the housing estate and has pedestrian links to and from the nearby residential properties which is clearly supported by the IOMSP in terms of its sustainable policies and its overall main objective. - 6.4 Overall, it is considered the principle of development of this site for a children's play area is acceptable. Potential impact upon neighbouring amenities - 6.5 Generally, the main issue that arises is the potential of overlooking from the pieces of equipment over neighbouring properties. In this case the existing 1.8m high timber fence line and the mature landscaping would significant reduce overlooking and the play equipment is not of a height and/or siting which would result in a significant level of overlooking towards neighbouring properties. Potential impact upon the visual amenities of the area - 6.6 Some of the equipment will be apparent when travelling past the site, albeit the topography of the site reduces the visual impact. However, it is not considered the equipment proposed is especially obtrusive or of a great mass or size which would adversely affect the visual amenities of the street scene or the site to warrant a refusal. Further, it is not uncommon to find children play equipment within residential areas and therefore it is not considered to be out of keeping within this area. Potential impact upon highway safety - 6.7 Highway Services have raised no objection to the proposal subject to a condition listed. As indicated the site has good pedestrian links to a number of residential properties in the area and there is also a lay-by available for any visitors not walking to the site.

- 7.0 CONCLUSION

7.1 Overall, it is considered that the proposal would comply with the relevant planning policies of The Isle of Man Strategic Plan and the Laxey and Lonan Plan Order 2005, and for the reasons set out in this report, it is recommended that the application be approved. - 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:

• (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
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

8.2 The Planning Committee must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should 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:…27.11.2017

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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