29 November 2017 · Planning Committee
Public Open Space, Church Close, Lonan, Laxey, Isle Of Man, IM4 7jy
The proposal involves installing playground equipment on a sloping, rectangular parcel of public open space designated as a 'village green' within the Church Close housing estate in Lonan. It features six items of play equipment including an activity tower (max 3.3m high with platforms 1.3m above ground), soft play sur…
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The officer assessed the principle of development as acceptable because the site is designated public open space ('village green') within a residential estate serving 18 dwellings in Church Close plus…
General Policy 2
Requires development in line with Area Plan zoning to respect site/surroundings in siting/layout/scale/design, not adversely affect amenities/character/highway safety, provide access, and meet community needs. Officer found proposal complies as play equipment on public open space is appropriate for residential estate, with design changes mitigating privacy impacts and no highway objections.
Recreation Policy 4
Requires open space provided on site or conveniently close, easily accessible by foot/public transport. Site meets this fully within housing estate with pedestrian links serving local children.
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.
no objection, fully supported, excellent use of land for children off highway, low speeds, no conditions suggested
no objection following sewer survey
supports as beneficial for local children, within walking distance, lacking facilities
wonderful asset, no nearby play areas, field underused, good separation for age groups
Manx Utilities initially requested a deferral to survey a sewer crossing but later confirmed no objection; Highways Division fully supported the proposal with no conditions.
Manx Utilities
No ObjectionI am happy to confirm that we have no objection to this proposal.
Manx Utilities
Please can I request a deferral on any decision for the above application whilst we survey the sewer crossing this site.
Department of Infrastructure (DOI) Highways Division
SupportThe proposals represent an excellent use of an area of land for children allowing them to be active off the public highway.; Access is off a small culs-de-sac where vehicle speeds are slow.; This application is fully supported by highways services.; There are no suggested conditions.
Garff Commissioners were granted permission (17/00969/B) by the Planning Authority for playground equipment on public open space at Church Close, Lonan, Laxey. Appellant Mr Christopher George Douglas challenged the approval on grounds of inaccurate application details, overlooking and loss of privacy to his property at No 9, highway safety due to parking on the narrow cul-de-sac, noise, disturbance, anti-social behaviour, and overprovision. The inspector, following a public inquiry and site visit, found no unacceptable harm to residential amenity, visual impact, or highway safety, supported by policy need for play facilities under RP4 and GP2, and evidence of local demand. The Minister accepted the inspector's recommendation to dismiss the appeal on 29 May 2018, upholding the original approval subject to a standard time condition.
Precedent Value
Appeals against play equipment on public open space in residential areas are likely to fail where policy need is demonstrated, harms are not evidenced beyond speculation, and site visits confirm no overlooking/privacy loss. Applicants/agents should prioritise highways support, local need data, and comparators to similar facilities.
Inspector: Brian J Sims
