Conversion of existing nursery garden to public recreation space/adventure playground including installation of shipping container, log cabin, car...

Why was this approved?

• Community benefit from unused open space
• Highway safety via amended plans and conditions
• Tree protection for adjacent sycamore
• Limited operating hours and parking provision
• Restricted use of buildings to playground only

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Decision & Reasoning

Policies Assessed (4)

Conditions (6)

1. 1

   Time limit

   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.

2. 2

   Visibility splays

   Prior to occupation of the development, visibility splays of at least 2.4m x 17m in both directions must be provided at the car park entrance as shown on drawing no. E&R.17.007.1002 issue C, and retained as such thereafter with nothing above 1m in height within the visibility splay areas. Reason: to provide adequate highway visibility in the interest of highway safety.

3. 3

   Operating hours

   The adventure playground shall not operate on a Saturday or Sunday and shall not operate outside the following times on any other day: 16:15 to 18:00 (during school term time); and 10:00 to 16:15 (during school holidays). Reason: For the avoidance of doubt and to accord with the details submitted with the application.

4. 4

   Tree protection

   Prior to the commencement of works on the car park and in addition to the details required under condition 5, a scheme for the protection of the retained trees, with particular regard to the adjacent sycamore tree, in accordance with BS 5837:2012, including a tree protection plan(s) (TPP) and an arboricultural method statement (AMS) shall be submitted to and approved in writing by the Department. Specific issues... [full details as in document]. The development thereafter shall be implemented in strict accordance with the approved details. Reason: Required prior to the commencement of works on the car park to satisfy the Department that the adjacent tree will not be damaged during the works and to protect the appearance and character of the site and locality.

5. 5

   Car park details

   Prior to the commencement of works on the car park, details of the proposed surface and car park layout, as shown in drawing no. E&R.17.007.1002 issue C, shall be submitted to and approved in writing by the Department. The car park shall be provided in accordance with the approved details and made available for use prior to the first use of the adventure playground hereby permitted and shall be retained for use at all times thereafter. Reason: To maximise the use of the car park so there is adequate parking to serve the development.

6. 6

   Use restriction

   The buildings and storage container hereby approved shall not be used other than for sport and leisure purposes in connection with the adventure playground. Should they no longer be required for the above purposes they shall be removed within two months of that time and the land restored in accordance with a scheme to be submitted to and approved in writing by the Department. Reason: In the interest of residential amenities, parking provision, as the application has been judged on the grounds that the buildings will only be used in connection with the adventure playground and for no other purpose and they are only required for the use proposed.

Public Comments (4)

Consultation Responses

Highway Services initially deferred the application pending further information on car parking but later provided conditional no objection following amended plans, while Douglas Borough Council raised no objections in both consultations.