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25/90124/C Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90124/C Applicant : Toddlers United Limited Proposal : Additional use as childcare facility (Class 4.2) Site Address : Memorial Hall Main Road Union Mills Isle Of Man IM4 4AB
Planning Officer: Lucy Kinrade Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 10.04.2025 __
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the additional use hereby approved shall be for Use Class 4.2 Childcare or Education of that Use Classes Schedule only.
Reason: The Department has assessed the impact of the proposal on this basis of this additional use only and any alternative uses will require further consideration.
C 3. There shall be no more than 20 children on the site for the approved additional use at any one time.
Reason: the application has been assessed on this basis and considered acceptable by DOI Highway Services in respect of local highway infrastructure and availability of public car parking.
This application has been recommended for approval for the following reason. The existing hall already functions as a community space with regular activity. The proposed additional use is not expected to increase noise or affect nearby neighbouring amenity beyond the existing use. Located in a designated service village, the proposal supports efficient use of existing sites, in line with Area Plan objectives and Spatial Policy 3. While some additional traffic may occur, particularly at pick-up times, this is expected to be staggered, and DOI has raised no objections, noting available capacity in the nearby public car park. Subject to a
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condition on children numbers, the use is considered acceptable and not expected to result in impacts beyond the established community use or to adversely harm highway safety. The application is considered to comply with GP2 (b, c, g, h and i), Environment Policy 23, Business Policy 1 and Transport Policy 7 of the Isle of Man Strategic Plan 2016 and 8.3 of The Area Plan for the East 2020.
Plans/Drawings/Information; This approval relates to the following:
and
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: o Local Authority - no objection o Department of Infrastructure - No objection subject to conditions which have been applied
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Officer’s Report
THE APPLICATION IS BEFORE THE COMMITTEE AS THE PROPOSED ADDITIONAL USE MAY BE CONSIDERED CONTRARY TO THE LAND USE DESIGNATION AND DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL.
1.0 THE SITE 1.1 The application relates to the Memorial Hall, Main Road, Union Mills. The property sits within the centre of the village opposite the petrol station and between 'Spar' convenience shop and the Chapel road turning down into the industrial estate behind.
2.0 THE PROPOSAL 2.1 Proposed is the additional use of the Memorial Hall as a childcare facility (Use Class 4.2).
2.2 Information submitted indicates the use being for up to 20 children at any one time and operating as an 'after school club'.
2.3 The submission is provided with additional information showing the availability of car parking in the Commissioner car park adjacent to the site, and that the operation includes the collection of children by mini bus and bringing to the site, and pick up by parents staggered between 4-5.45pm.
3.0 PLANNING HISTORY
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3.1 The Memorial Hall itself has been subject to a number of previous planning applications including two for childcare facilities considered relevant in this case: o 98/00444/C - additional use for morning play group ages 2-5 - APPROVED o 05/92266/C - additional use for children's day nursery - APPROVED at appeal subject to temporary condition for 1 year only. 3.2 Also a material consideration in this case are the following applications for the chapel site next door and the convenience shop and car park: o 13/91391/C - Change of use from office to a pre-school nursery o 14/00873/B - Variation of condition three of PA 13/91391/C to increase the total number of children allowed from nineteen to twenty seven o 17/00481/B - Variation of condition 3 of PA 14/00873/C, to increase the limit on children attending the nursery from 27 to 33.
4.0 PLANNING POLICY 4.1 Site Specific 4.1.1 Designated as predominantly residential on the Area Plan for the East 2020. The site is not recognised as being at any flood risk and is not within a conservation area nor recognised as a registered building. There is a registered tree on the site RT0144.
4.2 Relevant policies of Area Plan/Local Plan o 8.2.4 of the Written Statement - employment concentrated to Service Villages including Union Mills where appropriate. o 8.3 Area Plan Objectives i-v including efficient use of sites, best use of existing infrastructure and re-use of sites and not prejudice future land requirements.
4.3 Relevant policies of Strategic Plan. o Strategic Policy 1 - best and efficient use of sites o Strategic Policy 4 - protect and enhance landscape and nature conservation value o Spatial Policy 3 - Union Mills recognised as service village o General Policy 2 - general standards towards acceptable development including visual and neighbouring amenity and highway safety. o Environment Policy 23 - increase in amenity impact on neighbours o Business Policy 1 - growth of employment encouraged o 10.10 School Sites - schools play important roles. o Community Policy 7 - designing out crime o Community Policy 11 - prevention of outbreak and spread of fire o Transport policy 7 - parking provision in accordance with current standards o Infrastructure Policy 5 - water conservation and management measures
4.4 Reference any relevant PPS or NPD o None
5.0 OTHER MATERIAL CONSIDERATIONS 5.1 Legislation o Section 143 of the Equality Act (2017) places a duty on public bodies to promote equality, eliminate discrimination, advance equality of opportunity and foster good relations.
5.2 Policy/Strategy/Guidance o Manual for Manx Roads
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 Braddan Parish Commissioners - no objection (20/02/2025)
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6.2 DOI Highway Services - more information was submitted by the applicant to address questions raised by DOI. This info was received and circulated. DOI confirmed 'Do Not Oppose' (20/03/2025). The applicant had addressed the comments and will be using the public car park for which they have provided photos showing spare capacity for pick up and drop off. Comments received 08/04/2025 indicate a condition for up to 20 children as this is what their parking assessment has been based on.
7.0 ASSESSMENT Principle 7.1 The site is within the centre of the village where there is already a wide range of business and commercial operations including an existing childcare facility operating next door. The site is used as a community facility already and had in the past been approved for some levels of play groups and nursery use. In principle, the additional use of the existing community hall for childcare services would not be at odds with nor out of character with the immediate area or existing community use of the hall.
Amenity Impact 7.2 The nature of the operation for afterschool care is not expected to result in any unsociable operating hours nor to result in any increased or new adverse noise or amenity impacts on any adjacent dwellings above and beyond existing established uses of the hall or operations nearby as to warrant any concern or refusal. The applicants indicated that the hall is used by other facilities and so they currently have to be vacated by 6pm for the next user. The nursery next door has no conditioned operating hours.
7.3 The key consideration in the assessment of this particular application, just as those which came before it and the nursery next door relates to highway matters and parking provision and whether this is capable to accommodate the additional use.
Highway Safety 7.4 Initial comments and concerns were raised by DOI highway Services in respect of potential drop off and pick up happening along the main road. More information was sought as to the business operation and its connection with the use of the existing nursery next door, as well as parking levels available in the adjacent car park and how such parking and pick-ups etc would be advertised to parents.
7.5 The applicant provided additional information to address DOI Highway initial comments which included photographs of the capacity at both the Chapel and Commissioner Public Car Park (next to the Spar shop).
7.6 It was indicated to the applicant that previous approvals for the chapel include conditions ensuring the chapel parking remains only for use by the chapel nursery when in operation, and shall not be available for any other user during those times. As such it is important the Memorial Hall additional use is considered independently of the chapel site.
7.7 DOI highway provided updated comments indicating no objection. Clarification was sought to ensure that the comments were solely based on the use of the commissioner car park and with no reliance on the nursery car parking. DOI Highways confirmed by email 08/04/2025 that their comments were based on the public car parking only, and that a condition for up to 20 children be conditioned as per the applicants own number request and on which basis DOI Highways have made their assessment.
Trees 7.8 There is a tree on site, but minded the application is for additional use of the building only and no physical works, there are no issues expected on the tree.
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8.0 CONCLUSION 8.1 The existing hall is already a community space with a number of daily coming and goings. The proposed additional use is not expected to make worse the existing arrangement by reason of any additional noise or amenity impacts on the neighbours or surroundings. The site is within a service village where development is first to be directed and which make best and efficient use of existing sites. The Memorial Hall is owned and in control of the local commissioners and which is advertised for rent online. The proposal may result in some increase in visiting traffic especially at pick up times although this is expected to be staggered and DOI have confirmed no objection minded of the spare capacity shown for the public car park nearby. The site is also in walking distance to a key bus route. As per the request of the applicant and in DOI Highway comments the application will be conditioned to prevent any more than 20 children in the building at any one time.
8.2 Subject to a condition in respect of children numbers the application is considered to make best use of an existing site in a service village in line with the 8.3 Area Plan Objectives and Spatial Policy 3 and Business Policy 1 and acceptable in principle. The proposal is not expected to result in any amenity impacts on neighbouring properties beyond the existing and established use as a community facility and minded of village centre location in line with GP2 (b, c, g) and Environment Policy 23, and given the availability and spare capacity in the public car park nearby is considered to have an acceptable highway safety impact in line with GP2 (h and i) and Transport Policy 7.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.
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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
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Decision Made: Permitted Date: 28.04.2025
Signed : Presenting Officer
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