Officer Report Recommendation

This application is referred to the Planning Committee for consideration as the application is recommended for approval by the Highway Authority and is recommended for refusal by the reporting officer. ## The Site The site represents the curtilage of a former shop and living accommodation situated on the corner of Parliament Square. The site has to the north west Derby House, to the north east, adjoining the application site, is Harbour Mews and to the rear is a small garage. The site has to its south west the former House of Keys building. The building on the site is a recently renovated traditional building which was formerly a shop at ground floor level with living accommodation above. The building is physically attached to Harbour Mews to the north east, to the rear of a dwelling formed through the conversion of a former garage and store, on the corner of Parliament Square and Quay Lane. Although not defined on the submitted plans, the site also includes an open yard to the rear of the property which abuts the rears of Packet House, Ellan Vannin, Harbour Mews and 1 and 2, Quay Lane. This yard area abuts a rear yard associated with 1, Quay Lane and over which the windows of Habour Mews, Packet House and 1 and 2, Quay Lane look out over three levels. Access to the building is from the north west which fronts onto Parliament Square, close to the vehicular access to and the parking area for Harbour Mews. Parliament Square is paved and accommodates vehicular parking in front of Derby House, the former Commissioners' Offices and 3 and 4, Parliament Square. ### Planning Status The site lies within an area of Mixed Use on the Castletown Local Plan 1991 and on the draft Southern Area Plan which was published on 23rd October, 2009. The building is also within Castletown's Conservation Area and the building is also Registered (RB46). ### Planning History The following applications have been considered in respect of this site: PA 08/0784/5 - conversion from residential/shop to office accommodation permitted ### The Proposal Proposed now is the change of use of the building from offices to a nursery. The building has recently been renovated (with RB consent). The owner has marketed the property as offices and has received an offer for use of the premises as a nursery. The proposal would involve the use of a "safe secret garden" at the rear for the children to play in. There are three parking spaces for staff, children will be arriving between 0800 hrs and 0900 hrs and being collected between 1600 hs and 1830 hrs with potentially some children arriving on foot. The applicant will advise parents of children arriving that they should park in the nearby car parking facilities and the pick up times will never coincide with drop off times, thus reducing traffic. The play area will be used only on a supervised basis and not for free play with groups of 8 only congregating there at any one time. The Department of Social Care has confirmed that the application is for up to forty children between the ages of 2 and 5 provided that one toilet per 8 children is provided and that the operation passes their inspection and relevant standards. Three toilets are shown on the submitted floor plans and more are indicated in the applicant's correspondence as being proposed although as the Building is Registered, it may be that a further Registered Building application may be required to further alter the building. The applicant indicates that there are other nurseries with limited or no parking provisions - Hopes and Dreams on Woodbourne Road, Douglas (small parking area on a busy main road), Children's Centre, Woodbourne Road, Douglas (little parking on a main road), Cranford Nursery, Woodbourne Road, Douglas (no parking on a busy road), Puddleducks, Raphael Road, Douglas (no parking in a residential area), Little Darlings, Hutchinson Square, Douglas (no parking in a residential area), Sandcastles, Queen's Promenade, Douglas (no parking on a busy road) and Treasure Chest, Central Promenade, Douglas (no parking on a busy road). They also point out that the building has permission for office use which would have generated, in their view, a far greater impact on parking (based upon 26 people working in the building). The applicant indicates that parents will have to sign a contract before registering children at the nursery to ensure that they do not bring their vehicles into the square with the child being removed from the nursery if the parking suggestions are breached. They stress that they have invested in the building which is now in a much better condition than it was previously, thus enhancing not detracting from property values. They suggest that the walled garden area backs onto offices not residential property and that the one residential property which does back onto the site - 1, Quay Lane, has not objected. The other windows are associated with Harbour Mews and a further 5 are associated with 2, Quay Lane. Finally the site owner indicates that they have their offices not far away and could become involved in any issues which arise. ## Representations The owners of the following properties have submitted objections, relating to the potential noise and traffic nuisance resulting from the proposed use: 4, Parliament Square, Fiddler's Cottage, Parliament Square Compton House, Parliament Square Solomon's Corner, Quay Lane 2 and 4, Quay Lane The Anchorage, Parliament Lane Harbour Mews Harbour House, The Quay Ellan Vannin and Packet House, The Quay These objectors have had sight of the responses and make a variety of replies, including concern that any contract entered into regarding parking and traffic will not be binding on the property, that traffic concerns are not solely related to inconvenience and danger to residents and occupants of properties in the area but also to the children coming to, going from and being within the premises, blocking of accesses to existing property in the vicinity of the site. Some of the objectors also point out that the application premises have no footway or pedestrian protection, unlike the other premises listed as nurseries in the applicant's submissions, nor do they have office premises whose vehicular access passes directly in front of the nursery property. Highways and Traffic Division indicate that they do not oppose the application, following the submission of additional information by the applicant. Castletown Commissioners support the principle of the facility but express concern regarding traffic and the arrangement for picking up and dropping off the children. They refer to the views of the police and whilst a telephone conversation has been held between the Castletown Police Station Officer and the Planning Officer, no written representations have been received from the police. ## Assessment The use of a premises as a nursery does not comfortably fit into any established use class in the Isle of Man Use Classes Order and variously throughout the Island nurseries have been accommodated largely in residential areas, such as those which are referred to in the applicant's submissions. There are others accommodated outside residential areas, such as the Manx Family Services Ltd nursery (and associated offices) which is accommodated at Ronaldsway Industrial Estate, Mooinjer Veggey nursery which is accommodated in the Old School House alongside Braddan Primary School and the Park nursery which is situated in the Isle of Man Business Park estate. These facilities vary greatly in terms of the amount of space available, parking facilities and access and it is accepted that many do not have dedicated parking or ideal access. In the case of this application, there is no on-site, off-street parking available although there are parking spaces available in the vicinity, if parents are prepared to park and walk their children to the facility. On the day of the officer's site visit (between 0830hrs and 0905hrs on Thursday 17th June, 2010) there were plenty of car parking spaces available in the Market Square although crossing the road to the site was difficult and potentially dangerous due to almost constant traffic travelling in both directions past Parliament Square. On arrival at the site there were two vehicles parked outside Derby house, on departure there were three vehicles there, another vehicle parked alongside the public seating in the Square and a further two vehicles parked outside 3 and 4, Parliament Square. There are parking restrictions on Quay and Parliament Lanes. Also, during the site visit, a vehicle entered and parked in the space within Harbour Mews, passing very close to the pedestrian entrance to the application building where there is only a small pavement between the carriageway and the building entrance. Whilst the staff at the premises may well be able to find parking spaces for the time they are working at the site, the parents dropping the children off is a different matter. Whilst the applicant suggests that they will have a contract to prevent parents driving into the Square, this is unlikely to be able to be effectively enforced as it is an area where parking and access are permitted. Also, planning permission runs with the land not the operator and as such the nature of how the operation is run could change if those operating the nursery were to change although it is noted that the application includes reference to the lease being on a twelve year basis for this particular operator. There are car parks in the vicinity although their availability is not assured and if the parking spaces are not available, or the weather is inclement, it is unlikely that parents will continue to find parking spaces and they will probably stop in or around the Square to take their children into the premises. In practical terms there is very little that the applicant can do to prevent this. The Square itself is not great in size and the streets surrounding the site are generally very narrow and not suitable for parking even on a short term basis. It is therefore easy to see how the operation of a nursery accommodating up to forty children, all of whom will be dropped off in an hour period when the town centre is already busy, could cause difficulties and inconvenience for local residents and business people. Perhaps of more concern is the access arrangement for Harbour Mews. There are at least two spaces alongside Harbour Mews with no manoeuvring space so vehicles either drive in and back out or vice versa. On the day of the site visit, one vehicle had backed in and the other had driven in. The access leading to the gates serving this parking space is slightly wider than a vehicle but there is other vehicular parking alongside the access, further restricting the access which passes very close to the front entrance to the proposed nursery. It is considered that this poses a very real danger to children and those bringing children to the nursery and later in the day when the children are being collected. The defined application site does not include the area which is referred to by the applicant for play and lunch periods. This takes the form of a courtyard abutted by Harbour Mews, Packet House and 1 and 2, Quay Lane. The area is accessed from the side of the rear of the application building and takes the form of a hard surfaced yard which is approximately 5 m by 8 m with a strip from the rear door of approximately 13 m by 4 m which abuts the rear yard associated with 1, Quay Lane which in turn runs immediately alongside the rear of 2, Quay Lane, which has no rear open space. Two rear ground floor windows of 2, Quay Lane opens out directly onto the play area, at a similar level and windows in the floors above including a patio area at the upper floor area. Further windows overlook the open area from Packet House and Harbour Mews. This area may well have been or could be used by the occupants of the application property were it to be used as offices or residential, but unlikely to be at the same scale as a nursery with up to forty children. Consequently, as the application is currently submitted, it lacks any external play area which does not provide for a satisfactory facility. If the play area referred to by the applicant were to be included it would appear to be limited in terms of size but also its use would be severely detrimental to the amenities of the occupiers of adjacent residential property in terms of privacy and noise nuisance. In summary, whilst the general location within a Mixed Use area is considered suitable in principle for the operation of a nursery, in this particular instance, the specific parking and access arrangements immediately surrounding the site, and the location of the rear yard in such close proximity to neighbouring residential property, is likely to render the operation unsatisfactory in terms of road safety and the impact on adjacent residential properties. ## Party Status The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. The objectors are all either immediately alongside the application building or the play area or alongside streets which may be used for access and/or parking and as such, all those who have written in should be afforded party status in this instance.