DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00581/B Applicant: Michael Commissioners Proposal: Installation of exercise equipment Site Address: The Old Railway Line Adjacent Kerrocruin Kirk Michael IM6 1HG Planning Officer: Graham Northern Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 08.08.2024

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason. The application is in accordance to the standards as set out in General Policy 2 and Recreation policy 1 of the Isle of Man Strategic Plan 2016

Plans/Drawings/Information; This approval relates to the following drawing received 21.06.2024:

• Drawing 06 Location, Proposed Site plan and equipment detail _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site forms a small grassed area of open space that lies on the disused railway route

1.2 The site lies between properties on Cannon Avenue and the cul de sac Kerrocuin.

2.0 THE PROPOSAL - 2.1 The current planning application seeks approval for the installation of two items of outdoor exercise equipment one which facilitates dips and pull ups and the other a stepper.

3.0 PLANNING HISTORY - 3.1 None of relevance

4.0 PLANNING POLICY - 4.1 The application site is in an area designated on the Kirk Michael Plan 1994 as 'predominantly residential', the application site is not within the Kirk Michael Conservation Area. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically material to the assessment of this current planning application. Although the site already exists as an area of open space it is important to considered elements of Recreational Policy 1 which sets out standards towards ensuring that suitable recreational space is made available when looking at residential developments in order to ensure that recreational space is available to residents. - 4.3 Recreation Policy 1: Area Plans should incorporate an assessment of the indoor and outdoor sport and recreation needs of the plan area, and the wider context and include proposals to:

• o retain existing sporting facilities and open space provision unless alternative provision of equivalent community benefit and of equivalent or better accessibility is made available;
• o identify suitable sites to make good any deficiency in provision both for existing and future residents of the area; and
• o ensure appropriate provision is made as part of any proposed residential development, in accordance with the Open Space Standards set out in Appendix 6 to the Plan, related to the needs generated by the development, unless the specific housing provision within the development justifies a reduced provision in relation to specific types of open space requirement.

4.4 When assessing the proposal we may also consider elements of General Policy 2 which sets out a number of general standards towards development. - 4.5 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:

• 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; 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 current planning application (28/06/2024).

- 6.0 ASSESSMENT

6.1 Public open spaces offer a visual and spiritual relief from the developed urban areas on the Island and often provide recreational enjoyment in respect of various active and some less active forms of sporting activity. In this instance the proposals seek to increase recreation and use by offering two pieces of exercise equipment for use and enjoyment by all. It is also been considered that open spaces provide a means of improving the health and fitness of the Island's population. - 6.2 Over recent years 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. It has been considered 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. - 6.3 In terms of assessing the application before us, ultimately what is proposed is new play/ exercise equipment in to an existing open space area alongside the disused railway. The installation of such equipment will help to improve the areas facilities and update the equipment for the benefit of its users and the surrounding residential population. It is not expected that its installation will generate any impacts on the amenities. - 6.4 One area which may cause concern is whether the proposal would give rise to antisocial behaviour in the evenings should the new equipment bring older youths to the area. Given that no objections have been received from local residents from this new submission, the proposals are for two pieces of equipment and are the type that encourage external exercise for passers-by and not the type of equipment that encourages youths to congregate. Overall, the proposals would also not result in any significant impacts upon residential amenities of nearby properties. - 6.5 Given the central location of the area within Kirk Michael it is expected that any of its users will be accessing the area on foot. Although it is presumed that the majority of the users will be residents in the local area. It is not expected that the proposal will impact the local highway or impede on highway safety.

7.0 RECOMMENDATION - 7.1 The application is in accordance to the standards as set out in General Policy 2 and Recreation policy 1 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) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker 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 above who should be given Interested Person Status.

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 can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 08.08.2024 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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