14 May 2015 · Delegated
Recreation Hall, Quines Hill, Port Soderick, Isle Of Man, IM4 1au
The application sought permission to use Port Soderick Community Hall — a single-storey, metal-clad building on the southern side of Old Castletown Road — as a children's day care nursery alongside its existing community hall use. The site sits within an area designated as open space (agricultural) under the Braddan Parish District Local Plan 1991, meaning the use had to be justified against the exceptions set out in General Policy 3 of the Isle of Man Strategic Plan 2007. The key planning issues were whether the principle of a nursery use was acceptable on this designated open space site, the potential impact on neighbouring amenity, and whether adequate parking was available. A car park providing 22 spaces, approved in 2012, sits to the east of the building. The officer concluded that the nursery would serve as an important community facility for the Port Soderick and Quines Hill area, making productive daytime use of an otherwise unoccupied building and reducing the need for travel to Douglas, satisfying both General Policy 3 and Community Policy 2 of the Strategic Plan.
The proposal was permitted because it introduces a valued community facility into an underserved area, makes use of a building that is unoccupied during the day, and reduces the need for residents to travel further afield for childcare. The officer was satisfied that the use met the relevant exceptions under General Policy 3 and accorded with Community Policy 2 of the Isle of Man Strategic Plan 2007. Parking provision of 22 spaces was considered more than adequate for the proposed use.
General Policy 3
Isle of Man Strategic Plan 2007
General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land (1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.
Community Policy 2
Isle of Man Strategic Plan 2007
Community Policy 2: New community facilities should be located to serve the local population and be accessible to non -car users, and should where possible re-use existing vacant or underused buildings. 10.7.2 Local community facilities are important in providing for local communities without the need for travel and should be retained unless the site or premises are no longer suitable for the current or an alternative community use. Developers will be expected to demonstrate that the potential to use the site or building for other community uses has been investigated.
Braddan Parish District Local Plan 1991
designated as open space (agricultural)
Condition 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.
Condition 2
The nursery hereby approved shall operate only between the following hours 0830 1800 Monday to Friday. Reason: In the interests of the residential amenity of the area.
Condition 3
The maximum number of children attending the building at any one time shall not exceed sixteen. Reason: In the interests of the amenity of the surrounding area along with highway safety and parking and to safeguard the welfare of children.
