Variation of condition 3 of approved nursery business (12/00406/C) to allow extended opening hours
Site Address:
Regent House
Promenade
Port Erin
Isle Of Man
IM9 6LE
Officer's Report
The Site
The application site is the curtilage of Regent House, Promenade, Port Erin which is a mid terrace property. The ground floor of the building is currently used as a nursery this was approved earlier this year. The upper floors of the property remain as residential accommodation.
The Proposal
The application seeks approval for the variation of Condition 3 which was attached to the previous approval.
Condition 3 states:
"The approved change of use of the ground floor must be used only as a nursery and may be used only between 0900hrs and 1530hrs Monday to Friday. For clarification, no approval is hereby granted for the use of premises as a nursery on Saturday or Sunday or outside the times stated above."
The application seeks approval for the hours to be changed to 0830hrs to 1600hrs.
Planning History
The following previous application is considered to be specifically material in the assessment of the current application:
PA 12/00406/C Change of use of ground floor from residential to a nursery – approved.
Development Plan Policies
The application site is within an area zoned as "Tourism/Residential" identified on the Port Erin Local Plan 1990. On the Modified Draft Area Plan for the South the application site is within an area zoned as "Predominantly Residential". Given the nature of the application it is appropriate to consider General Policy 2 of the Isle of Man Strategic Plan (20th June 2007).
General Policy 2
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:
Case Officer :
Miss Laura Davy
Photo Taken :
Site Visit :
07.11.2012
Expected Decision Level :
Officer Delegation
a) Is in accordance with the design brief in the Area Plan where there is such a brief; 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; d) Does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; e) Does not affect adversely public views of the sea; f) Incorporates where possible existing topography and landscape features, particularly trees and sod banks; g) Does not affect adversely the amenity of local residents or the character of the locality; 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 unacceptable effect on road safety or traffic flows on the local highways; j) Can be provided with all necessary services; k) Does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; l) Is not on contaminated land or subject to unreasonable risk of erosion or flooding; m) Takes account of community and personal safety and security in the design of buildings and the spaces around them; and n) Is designed having due regard to best practice in reducing energy consumption.
Consultations
Highways Division do not oppose as it has no traffic management, parking or road safety implications.
The owner/occupier of Seafront Holiday Flats, The Promenade, Port Erin objects to the application. Their comments can be summarised as follows, they did not object to the original application and now regret it. They did not realise that the children would be playing outside. The children are outside as early as 9:30 and guests have complained about the noise. They feel that the current hours at the property do not work because the staff can let children out to play if and when they please. They feel that children arriving earlier and leaving later would make a bad situation worse.
The owner/occupier of Kittiwake Holiday Apartments, The Promenade, Port Erin objects to the application. In summary they are concerned with the noise from the nursery and with children playing out, and they feel that if the hours were altered to 8:30 to 4pm it would make the situation worse. They have also made suggestions regarding the safe arrival of the children and have suggested that a bus be used. They also have concerns that the change in time may have an impact on the parking provision.
Assessment
The application seeks approval to vary Condition 3 of the previous application, which stated:
"The approved change of use of the ground floor must be used only as a nursery and may be used only between 0900hrs and 1530hrs Monday to Friday. For clarification, no approval is hereby granted for the use of the premises as a nursery on Saturday or Sunday or outside the times stated above"
Whilst there are objections to this application, the objections relate more to the principle of the nursery which already has approval. When the original change of use application was submitted there was opportunity to object to the application, both of those who have objected to this application did not object to the original application.
Since the nursery has been in operation, the neighbours have concerns regarding the use of the outdoor space and are concerned that with the earlier nursery hours this would have a harmful impact on the amenities of those residents.
The application for the variation of condition would allow for the parents to drop off their children at 8:30 in the morning and collect them up until 4 in the afternoon. It is considered that this would not significantly alter the impact on highways safety.
The variation of condition could potentially result in the outdoor space being utilised as early as 8:30 in the morning, and whilst the application is only to vary the condition it may be appropriate to restrict the time of use of the outdoor space.
The neighbours do have concerns regarding the noise from the use of the outdoor space but this has only become apparent since the nursery has opened. The objectors to this application did not object to the original application and the application site now benefits from planning permission to be used as a nursery from 9am up until 3:30pm.
As explained to the objectors the nursery now has planning approval and this is for the variation of condition only. However, having spoken to the applicant, the applicant would be willing to limit the use of the outdoor space in connection with the nursery to between 9:30am and 3pm.
Whilst this would not fully overcome the neighbour's concerns it would restrict the use of the outdoor space and would not allow for the outdoor space to be used as early as the opening of the nursery.
For the above reasons the application is considered to be acceptable and is recommended for approval.
Party Status
The local authority, Port Erin Commissioners 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 owner/occupier of Seafront Holiday Flats, The Promenade, Port Erin is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (6) (a), considered an "interested person" and as such should be afforded party status.
The owner/occupier of Kittiwake House, Holiday Apartments, The Promenade, Port Erin is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (6) (a), considered an "interested person" and as such should be afforded party status.
Recommendation
Recommended Decision: Permitted
Date of 27.11.2012
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
: Notes attached to refusals
C 1.
This permission relates to the variation of condition 3 of Planning Application 12/00406/C:
New Condition 3: The approved change of use of the ground floor to a nursery may be used only between 0830hrs and 1600hrs Monday to Friday. For clarification, no approval is hereby granted for the use of the premises as a nursery on Saturday or Sunday or outside the times stated above.
C 2.
Those children attending the nursery shall not use the rear yard identified on the Site Plan date stamped 3rd October 2012 before 0930hrs and after 1500hrs Monday to Friday.
C 3.
All other conditions pursuant to 12/00406/C shall remain applicable.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made : Permitted Date : 27/11/12
Determining officer (delete as appropriate)
Signed : A. H. B. B. Anthony Holmes Senior Planning Officer
Signed : _________________________ Michael Gallagher Director of Planning and Building Control
Signed : _________________________ Sarah Corlett Senior Planning Officer
Signed : _________________________ Jennifer Chance Development Control Manager
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