9 August 2017 · Planning Committee
Land Adjacent To Onchan School, School Road, Onchan, Isle Of Man, IM3 4hh
The site is a piece of overgrown woodland between School Road and Sandringham Drive, south of Onchan Primary School, zoned for educational purposes in the Onchan Local Plan. The proposal involves installing 2.2m high metal mesh fencing (Zaun's Duo8 range, polyester powder coated green) with posts in concrete foundation…
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The officer assessed three key issues: principle of use, visual impact of fencing/gates, and neighbour amenity. The educational use accords with the site's zoning for Primary school/education in the O…
General Policy 2
Requires development in accordance with zoning and other policies, respecting site/surroundings in siting/layout/scale/design, not adversely affecting character, incorporating landscape features, providing safe access/amenity, no adverse road safety/traffic effects, and considering safety/security. Officer found proposal complies as zoned for education, fencing matches school style/set back behind planting, secures site preventing misuse, minimal infrequent maintenance traffic accepted by Highways, conditioned to protect amenity.
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.
Access restriction
The access created off Sandringham Drive must only be used to access the field for maintenance purposes and not for through access into the school. Reason: To protect the amenity of the street scene.
Use restriction
The use of the land must remain as educational outdoor classroom for the study of the natural habitat and will be retained as grass. No permission is given for a change of use or for any structures to be erected on site. Reason: To protect the amenity of the streetscene and those neighbouring dwellings.
recommend approval following amended drawings (10/05/17), subject to no public access to or through the site
do not object to amended drawings (12.05.17); satisfied no significant traffic, fence/gate prevents pedestrian access removing drop-off possibility
clarifies no drop-off intent, gates for maintenance only (kept locked), fencing to deter misuse and secure for educational outdoor classroom, accept green colour
Highways Division initially deferred and opposed the application but ultimately did not oppose after clarifications on limited maintenance use; Onchan District Commissioners deferred initially, supported with a condition, then objected due to streetscape and access concerns.
Key concern: unacceptable effect on road safety or traffic flows
Department of Infrastructure (DOI) Highways Division
No ObjectionHighway Services does not oppose this application.; Highway Services are satisfied that the proposal will not generate significant levels of traffic and indeed the fence and gate will prevent pedestrian access to the school removing the possibility of parents using Sandringham Drive as a drop off location.
Department of Infrastructure (DOI) Highways Division
ObjectionHighways Services oppose this application on the grounds that it will have an unacceptable effect on road safety or traffic flows on the local highways in contravention of GP2 (i) of the IoM Strategic Plan 2016
Department of Infrastructure (DOI) Highways Division
No CommentHighway Services requests that the application is deferred until this information is provided.
Conditions requested: provide details of the proposed use of the land and improved access including vehicle type, frequency of use and impact on the highway; If the access is to be used by vehicles then the footway will require to be upgraded accordingly; The gates should open inwards to prevent causing an obstruction to pedestrians
Onchan District Commissioners
ObjectionThe commissioners have reconsidered their position on this planning application and have now resolved to object to the proposals on the grounds that the proposed fencing would adversely affect the character of the streetscape, and they consider the access onto Sandringham Drive is inappropriate.
Onchan District Commissioners
Conditional No ObjectionThe Commissioners would recommend that the application be APPROVED for planning purposes subject to the following conditions:- "Subject to there being no public access to or through the site."
Conditions requested: Subject to there being no public access to or through the site.
Onchan District Commissioners
No CommentThe Commissioners request that the above application be DEFERRED until further written notification on the grounds that:- "That there is insufficient information relating to what the land is to be used for to enable full consideration. It is therefore requested that any decision be delayed until such time as additional information is provided."
The original application for erection of fencing, gate access, and educational use of unused land adjacent to Onchan School was granted permission by the Planning Committee despite objections from residents and initially overlooked objection from Onchan District Commissioners. Appellants argued the 2.2m high metal mesh fence and 3m wide gates from Sandringham Drive would harm residential amenity, streetscene, privacy, and road safety by encouraging school-related parking and access. The inspector found the fence acceptable due to existing hedgerow screening and standard school use, dismissed privacy concerns as windows were over 20m away and visible from the highway, and accepted infrequent maintenance use with a condition to lock gates otherwise. Highway Services had no objection and preferred Sandringham Drive access over busier School Road. The appeal was dismissed, confirming approval with an amended condition on gate use.
Precedent Value
This appeal shows third-party challenges to granted permissions can fail if inspector finds functional school infrastructure acceptable with controls; future applicants should secure highway support and propose enforceable conditions early.
Inspector: Michael Hurley