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16/00859/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/00859/B Applicant : Department of Education and Children Proposal : Erection of fencing and gate access and use of the land for educational purposes Site Address : Land adjacent to Onchan School School Road Onchan Isle of Man
Case Officer : Mr Jason Singleton Photo Taken : 16.11.2016 Site Visit : 16.11.2016 Expected Decision Level : Planning Committee
Officer’s Report
THIS APPLICATION HAS BEEN REFERRED TO THE PLANNING COMMITTEE DUE TO THE NUMBER OF OBJECTIONS RECEIVED TO THE PROPOSAL
APPLICATION SITE 1.1 The application site is the curtilage of a piece of woodland that sits to the south of Onchan primary school. The land spans from School Road to the west and Sandringham Drive to the east. The land along School road is bound by a Manx stone wall around 1 metre in height with mature planting behind. Along the boundary with Sandringham Drive is mature hedging and planting with access through between the shrubs into the land.
1.2 On leaving Whitebridge Road, Onchan, Sandringham Drive rises up to the school at the top of the lane. The street scene is characterised by two storey semi-detached residential properties, built in pairs on either side of the road. The properties are bounded by a dwarf wall which leads onto the footpath with on road parking on each side. The road terminates at the school boundary forming a cul de sac. The properties also have off road parking for more than two cars parked in tandem alongside the dwellinghouse.
1.3 The site is currently overgrown featuring a range of hedging and matured trees. There is a well-trodden / established path that leads up into the school from Sandringham Drive where there is a break in the wall into the school grounds.
THE PROPOSAL 2.1 Proposed is the erection of a boundary fence at 2.2m high and the additional use of the land for educational purposes.
2.2 The fence is made up from metal mesh panels (trade name: Zaun's Duo8 range high mesh panel fencing) with a mesh spacing of 200mm x 50mm. The fence would be finished with a polyester powder coating in a green colour. The panels are secured in place with metal fence posts 80mm x 40mm and powder coated to match the mesh panels. The posts are set in a concrete foundation, as shown on the drawing, approximately 1.0m deep.
2.3 The drawings show two access points, one off Sandringham Drive measuring 3.0m wide with two side hinged gates made from the same mesh material to match the fencing. The second gate, in the same style, would be from within the school grounds on south east corner, by creating an access through the existing wall. This gate would measure 2.2m high and 1.0m wide. Both gates feature lockable mechanisms.
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PLANNING HISTORY 3.1 This application site has been part of the subject of previous planning applications that are considered specifically material to the assessment of this current planning application. The adjacent school and grounds has had a number of applications over the years which have involved changes to the buildings. Those that are considered materially relevant to this application concerning the land to the rear are listed below;
3.2 14/00629/B - Alterations to vehicle lay-by / drop-off area. Approved. This application gained permission to create a dedicated off road dropping off and collecting point to the north of the school accessed of School Road.
3.3 11/00310/B - Erection of replacement fencing. Approved. This application gained permission for the erection of metal post and panel fencing 2.2m high.
3.4 05/01152/B - Approved. Creation of a vehicular drop off zone, new playground, erection of an extension to create nursery, canopy and toy storage hut and extension of existing parking area.
3.5 04/00998/B - Siting of a mobile classroom unit, erection of a covered canopy and creation of a staff car park and a vehicular drop off point. REFUSED. Part of the application saw to create staff parking on the plot of land to the south of the school with access off Sandringham Drive.
3.6 94/00042/A - Approval in principle for erection of 4 semi-detached dwellings with garages, plot between Sandringham Drive and School Road, Onchan. REFUSED.
3.7 95/01253/B - Erection of garden shed, vacant plot adjacent to, 18 School Road, 16 Sandringham Drive and Onchan School, School Road, Onchan. REFUSED.
DEVELOPMENT PLAN POLICIES 4.1 In terms of local plan policy, the site falls within an area of Buildings for Civic, Cultural or other specific uses, in this case the area is designated as a Primary school as zoned on the Onchan Local Plan 2000, Map 1.
Within the Onchan written statement the area is specifically noted as; "There is a piece of land which stretches between Sandringham Drive and School Road which is currently zoned for purposes of education. This represents an area roughly the size of two pairs of semi-detached properties one fronting onto Sandringham Drive and the other onto School Road. This piece of land has clearly once been intended for residential development of a form similar to that which has already been built further down both streets, but after not having been developed has subsequently been considered suitable for retention for educational purposes should Onchan Primary School ever need to expand as there is no opportunity for expansion on any of the school's other boundaries. The access from the school yard onto School Road is also very close to the bend in the road and introduction of a new entrance and crossing for the school children further down School Road would be of benefit: this would be possible through this site. Despite having been zoned for educational purposes since 1989 and the school having been extended within its existing curtilage, the area below the school has not been the subject of any proposals for use in connection with Onchan Primary School. However, it is considered, as Onchan School is land-locked with limited opportunities for expansion, that there should still be some opportunity retained for the site to be used or developed for educational purposes and as such, the site should be zoned solely for purposes of education. Whilst the Inspector concluded that adequate opportunities had been available for the acquisition of the land for educational purposes, the Department would not wish to prevent the land becoming available for the use of the school and as such has resolved to confirm the use of the land as Education".
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains one policy that is considered specifically material to the assessment of this current planning application. General Policy 2 states:
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"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
(b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an adverse effect on road safety or traffic flows on the local highways and (m) takes account of community and personal safety and security in the design of buildings and the spaces around them."
REPRESENTATIONS 5.1 Onchan Commissioners recommend approval following the amended drawings (10/05/17), subject to there being no public access to or through the site.
5.2 Highways commented further on the amended drawings (12.05.17) and do not object. "Having met with the applicant, it is understood the gate will be used to provide maintenance access to the field primarily for grass cutting. Highways 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".
5.3 Residents from Sandringham Drive (No's; 1; 4; 5; 7; 9; 10; 12; 13; 14; 15; 17.) have written at length to strongly object to the proposal and the amended drawings on a number of issues. There is common theme amongst them which are listed below and are taken into consideration;
o The fence would be unsightly and not in keeping with the streetscene and have a detrimental impact upon the visual amenities of the area o Any increase in traffic would lead to a loss of privacy o A risk assessment should have been provided o The proposal would lead to an increase in traffic in the cul-de-sac o A fence at 3.0m high would be intrusive and harmful o A stone wall should be built and not a fence o The access would be used for dropping off / collecting kids from school o The creation of any access here would be detrimental to the area o There is no existing access onto the highway just a trodden path o The use of the land would result in the generation of noise from children o The timing of the maintenance would be unneighbourly. o The school has failed to maintain the boundary on the east side of the of the land which has seen an increase in parents dropping and collecting their children at the top of Sandringham Drive causing vehicle problems. o access should be from School road and not Sandringham Drive as any access would be a risk to safety. o the fencing would appear overbearing and residents outlook would become compromised.
5.4 A letter of support has been received on behalf of the estates director from the Department of Education and Children (20/09/16) making light of the objections and seeks to clarify some of the pertinent points. He feels the residents of Sandringham Drive have misinterpreted the submitted information and have a number of misconceptions, based on the history of the site. He confirms there is no intention of creating another drop off zone off Sandringham Drive. This application is to
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deter people using Sandringham Drive as a route to school, as is currently the case because there is no deterrent of a fence in this field. The application is to enclose the field with access off Sandringham drive purely for maintenance access. Their intention is to keep these gates locked at all times other than when maintenance is required and prevent any untoward access or misuse. The height of the fence is necessary to discourage entry to the school field and grounds and is to match the current fence installed around the grounds. They are acceptable to change the colour of the fence from blue to green if the colour is a concern. The query over qu.2 on the application form regarding full approval for development involving building or engineering works, they confirm there is no construction works planned. The additional gate from the school grounds will be to provide access for pupils to the field for educational purposes. The use of the land is to be for education, now having secured the land. Their intention is to use the field as an educational resource where pupils will be able to learn in this 'outdoor classroom' and study the natural habitat. The field will be retained as a grass area for this purpose.
5.5 A response from the Department of Education and Children was circulated (9/11/16) seeking to address those concerns raised by the constituent and resident in the Area. It is noted the Departments intention to improve the condition of the site through current maintenance and the proposed fencing will be able to make the land more secure o prevent any unauthorised access and nuisance to near neighbours and ensure the area is safe for school children to access. The proposed works will be of benefit to the residents of Sandringham Drive and in closing down the current unofficial access to the school, and hopefully preventing illegal access and anti-social behaviour on the land.
ASSESMENT 6.1 The fundamental issue to consider in the assessment of this current planning application are; (i) the principle of the use; (ii) the impact of the fencing and gates upon the character and appearance as viewed from the street scene; and (iii) the impact of the proposal upon the neighbouring residents of School Road and Sandringham Drive.
(i) the principle of the use;
6.2 The proposed use of the land will be retained as a grassed area for outdoor learning where pupils will be able to learn in an outdoor classroom and study the natural habitat. This aspect of the proposal would accord with the land use designation and is deemed unobjectionable. The current use of the land whilst zoned for education has been underutilised for a number of years as scrub land. This application would formalise the use of the land for education purposes in planning terms.
(ii) the impact of the fencing and gates upon the character and appearance as viewed from the street scene.
6.3 The style of fencing chosen would be the same type and finish of metal mesh fencing as used on the boundary of Onchan School where it is adjacent to the highway and is standard across other schools on the Island. This application could be seen as an extension to the approval 11/00310/B - which saw a section of the south west perimeter boundary of the school enclosed with same mesh type fencing, 2.2m high. The remaining boundary fencing adjacent to school road was approved under the 2005 application for the revised drop off bay for pupils to the north of the site.
6.4 A number of written comments have been received highlighting the serious concerns of the residents' of Sandringham Drive are noted and acknowledged and summarised in paragraph 5.3. It is accepted the proposal would to some degree alter the appearance of the street scene at the top end of the cul-de-sac. However, when looking at drawing 16/2573/02C, it must be considered the proposed fence would be set back from the highway by 2.0m and installed behind the existing hedgerow, further helping to soften the appearance of the fence.
6.5 The amended proposal has seen the fencing reduced in height from, 3.0m to 2.2m to match in with the height of the existing fencing around the school. As noted the fencing is proposed to be
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installed behind the existing planting on Sandringham Drive and behind the wall on School Road, if painted green, as proposed would help it blend into its surroundings, against the back drop of the field. In this case only the upper proportions of the fence would be visible and with the reduction in height, will make the fencing less obvious and would not appear to have an overbearing effect on the streetscene of School Road or from the nearest residents of Sandringham Drive, namely properties 13, 15 and 17 who are opposite and 16 who are immediately adjacent. It is not considered the fencing would be detrimental to the streetscene and would be read in context with the adjoining school.
(iii) the impact of the proposal upon the neighbouring residents of School Road and Sandringham Drive.
6.6 The creation of a 3.0m wide gated vehicle access onto Sandringham Drive has caused some concerns amongst the residents who have recently experienced an increase in footfall with parents and children using Sandringham Drive as a short cut, to drop off and collect children from school whilst part of the masonry wall was being repaired. The wall has now been rebuilt and repaired; as a result the footfall has reduced. The installation of the fence and gate would secure the land and further prevent any unauthorised access to the school from Sandringham Drive. This in itself would remove the possibility of any increase in highway use and safety to residents as the proposal is solely for maintenance and undertaken by another Government Department. The entrance being for maintenance would not be frequently used as speculated by some but infrequently used, predominately during the summer months when grass cutting is required. It is noted highways services do not object to the creation of an entrance.
6.7 It has been stated by the Director of Estates with the Department of Education and Children that the access is purely for maintenance purposes and will not be used as an alternative to the dedicated dropping off area to the north of the school. "The intention would be to keep the gates locked at all times other than when maintenance access is required. The fence will therefore prevent the use of this field as an access way to the school" (20/09/16). In this instance a planning condition can be applied to ensure the proposed entrance is used strictly for maintenance purposes for the management of the land to alleviate the concerns of the residents of Sandringham Drive. It is understood the management or maintenance of the land will be undertaken by the Department of Infrastructure and not by the school which further highlights the need for a separate entrance that is not accessed from within the schools grounds.
6.8 With regard to the above, the volume of objections is noted and stem from a perception that the proposed access being used as an alternative route through to the school from Sandringham Drive. As this is not the intention of the application the proposals would appear to be an appropriate form of development as supported by Onchan commissioners and Highways Services, which would be in keeping with the existing fencing around the school. With this in mind, and the objections received, on balance, the proposed fencing and use as an outdoor learning and recreational area would not be considered to detrimentally affect or cause harm to the residential amenity to residents of School road and Sandringham Drive, which would be in keeping and appropriate for this site.
RECOMMENDATION 7.1 Overall, it is concluded that the planning application is in accordance with aforementioned Policies of the Isle of Man Strategic Plan 2016 and is recommended for approval with conditions.
INTERESTED PERSON STATUS 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.
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In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.
In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:
The owner of properties; 13, 15 and 17 Sandringham Drive who are adjacent to the site, across the road, and
16 Sandringham Drive who share a boundary to the North.
In this instance, it is recommended that the following persons do not have sufficient interest to be awarded the status of an interested person in accordance with Government Circular 0046/13:
The owners of 1, 4, 5, 7, 9, 10, 12, 14, Sandringham Drive which are some distance from the site and not directly affected by the proposal.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 17.07.2017
Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
C 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.
C 2. 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.
C 3. 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.
This approval relates to drawings referenced 16/2537/01- dated 26.07.2016, 16/2537/02C - dated 06.04.17, 16/2537/03 - dated 26.07.16, 16/2537/04A - dated 06.04.17 and 16/2537/05A - dated 06.04.17
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
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Decision Made : Permitted
Committee Meeting Date: 07.08.2017
Signed : J Singleton. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO
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