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Application No.: 17/00969/B Applicant: Garff Commissioners Proposal: Installation of Children's Playground Equipment Site Address: Public Open Space Church Close Lonan Laxey Isle Of Man Case Officer : Mr Chris Balmer Photo Taken: 18.10.2017 Site Visit: 18.10.2017 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 15.11.2017 _________________________________________________________________
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.
This approval relates to drawings reference numbers 1CC, 2CC, 02 AND document prepared by Groundcare "New Play Area Church Close" all received on 11th September 2017.
_______________________________________________________________ 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):
Manx Utilities Authority - Drainage The owner/occupier of Ellantashtee, 9 Church Close, Lonan
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 APPLICATION IS BEFORE THE PLANNING COMMITTEE GIVEN THE NUMBER OF REPRESENTATIONS RECEIVED
1.0 THE APPLICATION SITE - 1.1 The application site is a parcel of underdeveloped land which was allocated as Public Open Space when Church Close housing estate was developed within Lonan. The site is almost rectangular in shape located to the southernmost point of Church Close. The site is sloping in nature running downwards from the northern and western boundaries of the site towards the southern boundary. The site is accessed via a gate from Church Close but also a gate via Ballacannel estate (south of site), which gives easy access to residents of this part of the housing estate. - 1.2 The road side boundaries (north & west) and eastern boundary of the site comprise a 1 metre high timber fence. Part of the northern boundary of the site adjoins the boundary with the neighbouring property Nr 9 Church Close which consists of a 1.8m high timber fence. The southern boundary is made up of a variety a heights of landscaping.
2.0 THE PROPOSAL - 2.1 The application seeks approval for the installation of Children's Playground Equipment. The proposals includes the installation of six pieces of equipment, laying of soft play surface around the equipment, installation of crushed stone/bark paths linking the equipment to each other and adjoin public footpaths and some ground works, to create a level ground level for some of the equipment as well as three grass mounds (max 0.8m high). Four picnic tables are also proposed within the site. - 2.2 The applicants (Garff Commissioners) have provided further information via a letter (received on 20.10.2017) to give further justification why the proposal has been submitted. They indicate that they were contacted from several residents of the Lonan area who were concerned about the lack of facilities for young people in their community. Consequently the Commissioners consulted closely with the community through various means including an 'open day' at which several proposals were displayed, through newspaper adverts, the Commissioners' newsletter, and extensive communication via social media. They indicate they received positive and negative response and have taken a balanced the needs of the community, particularly of local children who currently have no play facilities. The Commissioner highlight that the previous Inspector for application 08/01717/B supported the principle of a play area on this site. Further they highlight that there are 247 children aged 14 or under within Lonan (2016 Census) and 252 children in Laxey Village aged under 14 who have three sites where play equipment is installed. Further there are 148 children in Maughold Parish have access to an area on which a range of play equipment is installed. They indicate that the site at Church Close is within the largest area of residential development in Lonan and
it was always intended for young people to use the site for recreational purposes, but to date, no progress has been made to offer the children of the area the kind of adequate facilities that are enjoyed and utilised by children in other similar areas.
3.0 PLANNING HISTORY - 3.1 The following planning application is considered of material relevance to the determination of the current application: - 3.2 Installation of playground equipment - 08/01717/B - REFUSED at Appeal for the following reason:
"The tall items of equipment have the potential to create a server loss of privacy; the application is defective in not giving required information which would enable a proper judgement to be made."
3.3 Erection of eighteen dwellings - 98/01485/B - APPROVED
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 16' 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:
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."
5.0 REPRESENTATIONS - 5.1 Highway Services do not oppose (29.09.2017) and make the following comments: "The proposals represent an excellent use of an area of land for children allowing them to be active off the public highway. Access is off a small culs-de-sac where vehicle speeds are slow. This application is fully supported by highways services. There are no suggested conditions." - 5.2 Manx Utilities Authority - Drainage sought a deferral to give time for a survey of the sewer crossing the site to be undertaken (29.09.2017). This has been undertaken and Manx Utilities Authority do not object to the proposal (15.11.2017). - 5.3 The owner/occupier of 18 Upper Queens Pier Road, Ramsey (11.10.2017) supports the application which can be summarised as; my mum still lives in Lonan and my children often go and stay at "Grandmas House"; a play area would be an amazing thing for the area; when I lived in the area we had nothing to do when I was small and only went to the park when my mum could take her in the car; too dangerous to walk from Lonan to Laxey; and with a play area which is within walking distance of many family homes I believe it would be used often. - 5.4 The owner/occupier of 6 Church Close, Lonan, Laxey (09.10.2017) objects to the application which can be summarised as; there is no parking available in the cul-de-sac and will need to park on the kerbs; there will be an increase in car coming to the site as families living from Baldrine to Dhoon will come to use the new park as the current parks in Laxey are in dire need of some tender loving care, attention and improvements; these local and 'in walking distance from my house' have unlimited parking spaces and toilet facilities etc which make them the ideal locations to concentrate improving upon; children coming from the All Saints Park area will need to be mindful of the fast vehicles which go along Church Road; more children will be attracted there and this will have more of an impact to the properties in the cul-de-sac which is a safety concern; increase in anti-social behaviour; and the area is enjoyed by all age groups in its current format. - 5.5 The owners/occupiers of 12 Church Close, Lonan, Laxey (05.10.2017) objects to the application which can be summarised as; increase in noise levels will have a detriment to the quality of life of our family; height of proposed equipment will allow for sound to travel and be heard from our property; our rural and sea views from the front of our property over the Public Open Space may be compromised; privacy will be reduced by those on the taller pieces of equipment; the small cul-de-sac has little ability to accommodate additional cars parked; highway safety concerns by increase of traffic; concerns of anti-social behaviour and vandalism; concerns of the ability of the Commissioners to maintain the play equipment; refurbishment and replacement of existing would seem more beneficial where there are more parking and toilet facilities; the Public Open Space is currently used by residents of Church Close for ball games, with the equipment installed there would be insufficient room and it is not suitable for such a small residential area and out of keeping with its surrounding. - 5.6 The owners/occupiers of 14 Church Close, Lonan, Laxey (05.10.2017) objects to the application which can be summarised as; increase in noise levels and a loss of privacy; highway safety concerns; and general upkeep and maintenance of the play area; lack of parking available; and the site is already used to play football.
5.7 The owner/occupier of Ellantashtee, 9 Church Close, Lonan (05.10.2017) objects to the application which can be summarised as; not substantially different from the 2008 application which was refused; loss of privacy from equipment into our side bedroom window as eye level when stood on top of the roof of the climbing frame would be 4.5m above ground level; no parking available; proposal will attract anti-social behaviour which can go late into the night; and children do need area s for recreation but should be placed where safety and adequate parking is available and not in close proximity to residential developments. - 5.8 The owners/occupiers of 8 Church Close, Lonan, Laxey (05.10.2017) objects to the application which can be summarised as; 2008 application which was refused on ground of loss of privacy and do not consider that the new proposal is substantially different; highway safety concerns and any increase will cause further unacceptable congestion;; no parking available and therefore loss of potential ;loss of access to private driveways; increase in noise to the currently peaceful neighbourhood; previous examples of where police have had to attend such sites to deal with anti-social behaviour; other sites are more sensible and acceptable and this will result in the loss of free play and ball games away from busy roads. - 5.9 The owner/occupier of 7 Church Close, Lonan, Laxey (05.10.2017) objects to the application which can be summarised as; play area is very well used by children of all ages; the cul-de-sac is incapable of coping with any additional road traffic or vehicle parking and additional could cause congestion and highway safety concerns. - 5.10 The owner/occupier of 31 Ballacannell Estate, Laxey (22.09.2017) supports the application which can be summarised as; wonderful asset to the area; there are no other play areas close by; the field is not often used by kids and it would be great to given them something to do; and I like the idea of separating the two areas for younger and older children. - 5.11 The owner/occupier of 6 Church Close, Lonan, Laxey (22.09.2017) objects to the application which can be summarised as; proposal is directly in front of my property and will have a negative impact both on my property and me and my families quality of life and privacy; Parking concerns which may prevent me being able to access my driveway; no installation of any CCTV camera in order that play area be a safe and secure place for younger children as opposed to teenage children who would sole heatedly be attracted to such area; Garaff already has many play areas for children of all ages and one has to ask oneself why do we have to have a new one at all and they should improve the existing play areas; and there are no toliet facilities on site. - 5.12 The owner/occupier of 16 Church Close, Lonan, Laxey (25.09.2017) objects to the application which can be summarised as; previous application which was refused on ground of loss of privacy and defective plans and do not consider that the new proposal has similar issues; loss of privacy due to heights of taller equipment; drawings do not show height of play equipment J491 and therefore the height of the top bar is unknown; noise generated would affect neighbouring properties; the space is the only area permitting children to safety play ball games within the three housing estates of the local area, the new application inly allows 18m by 22m for usable space for ball games to take place; and current application within All Saints Park is a more suitable space for playground equipment.
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.
6.3 In terms of the principle of developing part of this site for play equipment it is noted by the previous planning Inspector stated: "This is a residential area, and it is right that it should have suitable play equipment..." - 6.4 Recreation Policy 4 clearly requires that 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. As outlined above the site would meet these requirements. Paragraph A.6.3.1 of the IOMSP indicates that; "…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…". - 6.5 Accordingly, it is considered the principle of developing this site for play equipment is acceptable. This is not an automatic reason to approve the application, as there are other material planning consideration which need to be determined. Potential impact upon neighbouring amenities - 6.6 A concerns with the previously refused scheme related to overlooking from the taller play equipment resulting in loss of privacy, namely to Nr 9 Church Close. The Inspector commented:
"In general, I do not consider that the play equipment would be likely to lead to a loss of privacy. The Activity Tower however is likely to provide an attraction beyond those for whom it is designed, and I do not doubt that it could be used as a vantage point. There is potential for looking over the fence alongside No 9 Church View which may be obviated by the relative levels. This can only be determined with survey information, which is not present. The application fails to give important and required information which would allow members of the public, me or the Minister to properly assess the effects of the proposal.…"
6.7 The Inspector also comments:
"Like the immediate neighbours, I have significant misgivings over the use of elevated equipment in this location, but were it to take advantage of the changes in levels in the site to fully prevent overlooking, even from the roof, then the proximity may be acceptable."
6.8 Again the piece of equipment which has the potential to result in overlooking is the activity tower (J4934). This has an overall width of 10.2m, a depth of 8.5m and a maximum height (small section of angled roof) of 3.3m. The raised floor level of this piece of equipment would be 1.3m above ground level and the tallest climbing bar would be 2.2m above ground level. This differs from the previous activity tower as it is sited further west of the neighbouring property Nr 9, being adjacent to the turning circle of the estate road, where as the previous tower was sited in line with the front elevation of Nr 9. The new tower has also been moved further away from Nr 9. What results is that the closest part of the activity tower would be 11.5m, while the main raised platform would be 15.8m away and the smaller of the two platforms would be 12.7m away. In comparison the previous refused activity tower was 9.2m at its closest point to Nr 9 and its three raised platforms were between 12m and 12.5m away. - 6.9 On this matter the applicants comment: "The Commissioners took note of the reasons for refusal of the planning application for play equipment submitted by Lonan Commissioners 08/01717/B in the design of the current proposals. The Commissioners specifically requested that the Activity Tower in this application was much lower than in the 2008 application (this being the reason why the Inspector overturned the initial approval decision - on grounds of privacy). The platform height on the tower on the 2008 application was 2 metres. In comparison, the platform height on the tower in the current application is 1.37 metres - a reduction of over 25%. The tower has also been positioned further away from the residential properties." - 6.10 This application includes a topography survey of the site and also a single section through the site which shows the height of the activity tower in relation to Nr 9. It is considered this indicates that the potential for overlooking into the property to be limited given the distance and orientation of the activity tower in relation to Nr 9, boundary fencing and ground levels & raised platform level of the tower in relation to the floor levels of Nr 9. Further, the amount of raised platforms has been reduced by this proposal, with the main raised platform being 15.8 metres away at its closet point. - 6.11 In relation to other play equipment again it is considered to be appropriate, given their siting, size, and distance to neighbouring properties. - 6.12 The applicants have responded to some of the objects raised. In terms of anti-social behaviour, they comment that such behaviour is an extremely rare occurrence at play areas in Laxey Village and Maughold Parish. They indicate the Police have never needed to be contacted to report any such behaviour in the last decade on Garaff and if problems did occur they would be confronted and swiftly eradicated. - 6.13 The Commissioners also comment that following consultation with residents of the Parish they reduced the area of the play equipment on the site and allowed for a large area of grass to be retained at the site, which will continue to permit ball games to be played as well as provide the formal facilities in a community should be able to experience. Potential impact upon the visual amenities of the area - 6.14 The equipment will be apparent when travelling past the site. 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 - 6.15 Highway Services have raised no objection to the proposal; in fact their comments are very supportive of the scheme.
6.16 Previously the Inspector commented: "For the immediate locality, which numbers less than 40 dwellings, this would be a high standard of provision. In the way of things, there is a probability that parents from the less immediate locality would bring younger children to the facility by car. Do not consider that this would lead to danger or congestion on the scale feared by objectors, but it would seem prudent to me for a single hard surfaced space to be provided on the main part of Church View, a matter which could be the subject of a planning condition." - 6.17 This proposal does not include any off road parking provision, albeit could be a condition if required. Arguably, the site has very good pedestrian links and with no parking provided perhaps would persuade people to walk to the site, rather than travel by a car. As outlined in Recreation Policy 4, Open Space provision should 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". Given this site meets the above policy it would seem perverse to then seek parking provision for such provision. Further it is a reasonable argument that given the Commissioners are also proposing further play equipment within All Saints Park that this will perhaps result in children in All Saints Park estate going to that play area, rather than the application site. This in turn has the potential to reduce the likelihood of person travelling to the site by car if there are facilities within walking distance of their house. - 6.18 The applicants have commented that they do not anticipate that the new equipment will generate any additional traffic and hence parking issues. They comment that the similar play area in Maughold beside a housing estate does not attract visits by parents/children in vehicles. This play area has been in operation 11 years and the Commissioners have never received a complaint or expressions of concern form residents. They comment that the play area has been designated to attract children who walk from the close vicinity to the site and the scope of the equipment provided is considered of such a level that the area is unlikely to become a destination of choice for those travelling from outside the area.
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:
8.2 The Planning Committee 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:…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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