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Application No.: 25/90637/B Applicant: Isle Of Play Proposal: Demolition of existing timber building and replacement with new single storey building and extend the hours of operation Site Address: Adventure Playground Ballaughton Nurseries Douglas Isle Of Man IM2 1AB Principal Planner: Chris Balmer Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 04.08.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
Reason: For the avoidance of doubt and to accord with the details submitted with the application.
N 1. There is potential for legally protected nesting birds in the hedge which is to be removed, it is therefore recommend that removal takes place between the dates of 1st September - 28th February, in order to avoid the main breeding season. Hedge removal that resulted in the destruction of active nests, eggs and chicks would be an offence under the Wildlife Act 1990.
Overall, it is considered that the proposal would not have any significant adverse impacts upon public or private amenities and comply with the relevant planning policies of the IOMSP and the Area Plan for the East. Furthermore, the proposal would be beneficial to children and families/carers who utilise the site by giving extra provisions within the building/site which can only be beneficial to the residents of the IOM.
Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 27.06.2025 and
_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No Objection Local Authority - No Objection/no comments received
_________________________________________________________________ Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR AN APPROVAL
1.0 APPLICATION SITE - 1.1 The application site is located to the south west of Ballaughton Nurseries in Douglas. The site is a parcel of land which is currently used by the applicant's "Isle of Play". The site which is known and referred in the submission as "Lester's Yard" has a variety of buildings/structures to the northern section of the site, including a summerhouse style building (office), shipping container (storage) and a covered picnic area. To the south of these buildings is the majority of the site, which is made up of two areas, the main play area, where children are able to build dens and therefore is made up of a number of temporary structures which the children build and play within; and the second area is the lawned/paddock area/orchard. These two sections of the site are separated by a mature hedgerow, with the exception of a footpath running between the two. - 1.2 The site is accessed via Ballaughton Meadow to the east of the site which runs to the site and also provides access for Ballaughton Nurseries (operated by the applicants Douglas Borough Council). The site adjoins existing public open space, albeit is separated by a mature hedgerow/fencing.
1.3 Parking to the site is shared with Ballaughton Nurseries (Douglas Borough Council) which is to the east of the site.
2.0 THE PROPOSAL - 2.1 The application seeks planning permission for the demolition of existing timber building (summerhouse) and replacement with new single storey building. The new building would be of constructed of blockwork, having a pitched roof and a width of 22m, a depth of 10m and a ridge height of 5.2m. The building would be finished in either painted render or horizontal timber cladding with a metal sheet roofing. The building will accommodate;
2.2 In support of the application the applicants have commented; "Proposal for Expansion Our plan involves replacing the existing timber building, which unfortunately is in a state of decay, with a new larger building that can better accommodate the service. As the new building will be larger, part of it will extend into a small area of the paddock. The remaining area of the paddock will be maintained as lawn and orchard. This would ensure a secure environment for traditional outdoor activities such as picnics, football, cricket, and rounders, free from dog mess and available for local events." - 2.3 And "The extension of Isle of Play into the paddock would allow us to better meet the needs of the community, future-proofing our services for the next 20 years. The additional space will enable us to expand our therapeutic support offerings while maintaining safe, accessible outdoor areas for children to play. Furthermore, the paddock would remain available for council-led community events such as the outdoor cinema and Easter egg hunt, with Isle of Play assisting in providing appropriate facilities where necessary."
2.3 The applicants wish to change the operating hours of the site to; Monday - Friday: 9:00am - 6:00pm. The previous application it was conditioned that the site will operate term times (mon - Fri) 4.15pm till 6pm and school holidays (mon-fri) 10am -12pm and 2pm -
4.15pm. These times where suggested by applicants rather than the Department.
3.1 The previous planning application is considered relevant in the determination of this application; - 3.2 Conversion of existing nursery garden to public recreation space/adventure playground including installation of shipping container, log cabin, car parking and boundary security fencing - 17/01178/B - APPROVED. Condition 3 stated;
"C 3. The adventure playground shall not operate on a Saturday or Sunday and shall not operate outside the following times on any other day:
Reason: For the avoidance of doubt and to accord with the details submitted with the application."
4.1 The Area Plan for the East 2020 identifies the site as being within an area of "Open Space (which may be for particular purposes)". The site is not within a Conservation Area or a High Flood Risk Area. - 4.2 The following policies in the Isle of Man Strategic Plan 2016 are considered relevant. - 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 Strategic Policy 5 - 'New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies.' - 4.5 Transport Policy 7 - 'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.' - 4.6 Recreation Policy 2 - "Development which would adversely affect, or result in the loss of Open Space or a recreational facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances:
5.1 Douglas Borough Council has no objection (24.07.2025).
5.2 Forestry, Amenity and Lands (DEFA) comment (10.07.2025); "Thank you for consulting with us regarding this current application. We have now had an opportunity to make a cursory review and have the following comments.
There are no registered trees on site, and the development is unlikely to impact any trees of note.
We have no objection to the proposal in its current form. If you were minded to approve this application we would ask for a standard tree retention condition to be applied."
5.3 Ecosystem Policy Team (DEFA) comment (24.07.2025); "General Stance No objection subject to condition
Detailed comments o A section of hedge and some trees will need to be removed to facilitate the development. However, the applicants propose to plant a number a number of fruit trees to mitigate against this impact. We also recommend that the applicant installs at least two open fronted nest boxes on the boundary trees in a sheltered location to mitigate against the loss of bird nesting habitat, which the new fruit trees will not provide.
Potential conditions
6.1 The principle issues with this application is; the principle of the development; visual impact of the development, whether the proposal would have any significant impacts upon public or private amenities, and highway safety matters. The principle of the development
6.2 The site being designated as "Open Space" is therefore not designated for development. However, the previously approved scheme allowed for the current uses on the site to operate. During the consideration of the previous application the office commented; "The proposal would utilise an area of open space for a different type of play park environment for children. In turn the site would also become open to public use (albeit during certain times listed), which can only be of benefit. There are not considered to be any concerns with this use."
6.3 It is considered given the previous application gave approval for "public recreation space/adventure playground" the principle of the proposed building on this site is acceptable.
6.4 The applicants concluding remarks comment; "The proposed single storey building represents the best solution to meet Isle of Play's growing needs. With the addition of dedicated therapeutic spaces and extended outdoor areas, we will be able to support more children while continuing to provide a safe, well-maintained environment for play and community engagement. This expansion will enable Isle of Play to further its mission of enriching children's lives, ensuring our services remain at the heart of the community for generations to come."
6.5 Furthermore, the additional services the building would be very beneficial to the children and families which use the site. Visual impact of the development - 6.6 The proposal would result in a much larger building on the site compared to the existing summerhouse building. The building is simple in form, but being single storey and located to the northern section of the site set behind existing landscaping along the northern boundary. Furthermore, the building is opposite and to the south of Ballaughton Nurseries which comprises a number of buildings, some larger than what is being proposed and therefore would be read against these existing buildings in the locality of the proposal. Overall, it is considered the proposal would site well within the site/area. The site from public viewpoints (surrounding the site) are well screened from existing mature trees/landscaping and existing built development. - 6.7 While the proposal would result in a larger building on the site it is considered the visual impact of the development would not be significant to warrant a refusal. Impacts upon public or private amenities - 6.8 The proposed building give it location and distant away from neighbouring properties would ensure there are no adverse impact through overlooking, loss of light and/or overbearing impacts. Furthermore, the existing landscaping within the site but also along the boundaries of the site would also help mitigate any potential impacts. - 6.9 In relation to the additional times the site/building would operate (Monday to Friday 0900hrs till 1800hrs and closed Saturday and Sunday) the Department has no concerns. The hours are longer than what was originally approval (see planning history) but are not consider to be during anti-social hours or times which would cause significant adverse impacts. Highway safety matters - 6.10 No objection (or comments ) have been provided by Highway Services. Accordingly, it is considered the proposal is acceptable from this perspective. Other matters; - 6.11 It is noted that the Arboricultural officer comments that there are no registered trees on site, and the development is unlikely to impact any trees of note. While they seek a standard tree retention condition, it is considered given the need for such condition would not be required given their conclusions and therefore such condition would not be necessary and pass the relevant planning test for attaching a condition to a planning approval. Furthermore, any tree removal would still require a tree felling licence from DEFA and therefore other legislation would deal with such matter. - 6.12 A condition is proposed to be attached in relation to the Ecology comments.
7.1 Overall, it is consider the proposal would not have any significant adverse impacts upon public or private amenities and comply with the relevant planning policies of the IOMSP and the Area Plan for the East. Furthermore, the proposal would be beneficial to children and families/carers who utilise the site by giving extra provisions within the building/site which can only be beneficial to the residents of the IOM.
7.2 It is recommended that planning permission be approved. 8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal
(i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
8.2 Article A10 sets out that the right to appeal is available to:
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
8.5 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 the Right to Appeal.
Decision Made: Permitted Date: 11.08.2025 Signed : Mr Chris Balmer Presenting Officer
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