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14 October 2014 14/00873/B Page 1 of 6 PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 14/00873/B Applicant : Little Cherubs Kindergarten Proposal : Variation of condition three of PA 13/91391/C to increase the total number of children allowed from nineteen to twenty seven Site Address : The Old Chapel Main Road Union Mills Isle of Man IM4 4AD

Case Officer : Miss Melissa McKnight Photo Taken : 29.04.2014 Site Visit : 29.04.2014 Expected Decision Level :

Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS OBJECTIONS HAVE BEEN RECEIVED BY THREE NEIGHBOURING RESIDENTS WHO ARE RECOMMENDED TO HAVE PARTY STATUS

1.0 THE APPLICATION SITE

1.1 The application site is the curtilage of The Old Chapel which is located on the northern side of Maitland Terrace, Main Road in Union Mills. The application site is single storey with accommodation within the roof.

1.2 The Old Chapel is prominent within the street scene given its siting and form. The building finished in a traditional stone work and has the traditional arched windows throughout. There have been a number of modern alterations which include the installation of roof lights to the roof pitches providing light to the first floor conversion. The building has current planning permission for use as a children's nursery.

1.3 The site is bounded by stone walling on the northern, eastern and southern side and is open on the western side. To the eastern and southern part of the application site are parking provisions for seven vehicles with an additional three parking spaces available further north of the building.

2.0 THE PROPOSAL

2.1 The application seeks approval for the variation to condition 3 of PA 13/91391/C to increase the total number of children allowed from nineteen to twenty seven. No more than twenty seven children can attend the site due to the regulations set by the Department of Health and Social Care guidelines regarding floor space for children. Twenty seven is the maximum number of children that can occupy the building at any one time.

2.2 Condition 3 previously stated the following:

"The maximum number of children attending the building at any one time shall not exceed nineteen."

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14 October 2014 14/00873/B Page 2 of 6 2.3 In accordance with regulations and inspection guidelines set out by the Department of Health & Social Care with regards to the ratio of staff to children (1 staff to 8 children), the number of staff required will be 6.5; however there will be 5.5 members of staff at present on site at any time. The site has 10 parking spaces; seven within the curtilage of The Old Chapel and three spaces further north of the south immediately abutting the builders' yard.

2.4 The application originally stated that approval was sought for a breakfast and after- school club, the applicant subsequently wrote in to say that this was not going happen at the current time. However, there were no previously no conditions restricting the opening hours, and thus, provided the total number of children attending the premises does not exceed the number stated, no further approval would be required for this in any event. Department of Social Care licence numbers of children up to 8 years old.

3.0 PLANNING HISTORY

The application site has been the subject of eight previous planning applications which were all granted planning permission unless otherwise stated and have been listed below:

PA 14/00405/B: Erection of a log cabin to be used in conjunction with the pre-school nursery.

PA 14/00367/D: Erection of illuminated signage

PA 13/91391/C: Change of use from office to a pre-school nursery.

PA 13/00528/B: Alterations to existing front wall to create additional onsite parking

PA 11/01266/B: Alterations and two storey extension to provide additional office accommodation.

PA 07/01623/B: Installation of roof lights

PA 90/01303/B: Conversion of 1st floor of chapel to form office accommodation. This previous planning application was refused.

PA 88/00154/B: Conversion of former chapel to office accommodation.

4.0 PLANNING POLICY

4.1 In terms of local plan policy, the application site is an area designated as Predominantly Residential under the Braddan Local Plan 1991. The site has an extant use as office accommodation and has been granted planning permission for use as a pre-school nursery under PA 13/91391/C.

4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically relevant to the assessment of this current planning application:

General Policy 2 states: "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: (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;

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14 October 2014 14/00873/B Page 3 of 6 (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."

Community Policy 2 states:

"New community facilities should be located to serve the local population and be accessible to non-car users, and should where possible re-use existing vacant or underused buildings."

5.0 REPRESENTATIONS

5.1 Braddan Parish Commissioners have no objection to the current planning application.

5.2 The Department of Infrastructure Highway Services do not oppose the current planning application.

5.3 A representation has been received from the owners and/or occupiers of Riversdale raising concerns about the increase in volume of traffic visiting the site, parking along the Main Road which and the increase in number of children will cause disruption and considerable inconvenience.

5.4 A representation has been received from the owners and/or occupiers of Boaldwyn, objecting to the application as the increase in capacity will compound the busy access point to the main Peel to Douglas Road. The representation also raises questions regarding children's safety, other road users safety, impact to businesses to both and residents of the Maitland lane area, this is only likely to increase with the further development of Units in the area, the provisions of traffic controls in place, what will be done to prohibit the dropping of children on the main road and cars blocking the Peel to Douglas Road and/or access to residents at peak times and the provisions of staff parking.

5.5 A representation has been received from the owners and/or occupiers of Albany, raising concerns about the increase in traffic accessing the lane during peak periods and the lack of availability for parents to park whilst dropping off/collecting children, hazard of the entrance being in close proximity to the Main Road, and the state of the building to be used as a nursery.

6.0 ASSESSMENT

6.1 The application is to vary a condition that, respectively, seeks to restrict the number of children attending the nursery. This was in recognition of the number of children that had been applied for and because it was the basis of parking availability.

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14 October 2014 14/00873/B Page 4 of 6 6.2 The principal issue in the assessment of this application is whether or not the increase in number of children would have a detrimental impact upon parking within the locality and highway safety in general.

6.3 The issue of parking and highway safety has generated some concern from local people. It can be seen that a number of representations to the planning application have expressed concerns over the effect an increase in traffic would have on the side lane that serves the site, rear of Maitland Terrace and the builders yard, and on the Main Road in terms of traffic flow and parking. There would be 5 to 6 members of staff in the building at any one time with the nursery being able to provide 10 parking spaces; 7 within the curtilage of the building and a further three to the north of the site. Parking for staff is not therefore considered an issue. The availability of parking for parents/guardians dropping off and collecting their children is a greater issue. There would be at least 4 parking spaces available, if all staff members were to drive to the site, to allow for the dropping of and collecting children. The applicant has stated that the three parking spaces to the rear of the site are designated for staff and the seven private parking spaces within the curtilage of the building would be used for drop off and collection. In addition to this, Strang Road is located 80+ metres east of the application site where there are no parking restrictions and would be an option for parking.

6.4 Under PA 13/91391/C, Condition 4 stated, "The vehicle parking at the front and south of the building and the three parking spaces to the north of the building, as shown on the approved plans, shall not be used other than for the parking of vehicles in connection with the use of the building hereby approved, and shall be kept free of obstruction for such use at all times." It is felt necessary that this condition should be attached to the approval of this current planning application should this current be granted planning permission.

6.5 On assessment, it is considered that there are sufficient parking spaces on site and in the near vicinity of the site sufficient to avoid any need for parking on the Main Road or along the side road. The Nursery runs on 85% capacity due to staff holidays, child vacancies and child absence reducing the occupancy at any one time. It is not envisaged that the increase in an additional 9 children would be likely to cause on-street parking in the vicinity of the site and as such it follows that no significant harm would be caused to highway safety or the free flow of traffic. It is also important to acknowledge that Highway Services have no objection to the current planning application.

7.0 RECOMMENDATION

7.1 Overall it is concluded that the planning application is in accordance with General Policy 2 and Community Policy 4 of the Isle of Man Strategic Plan 2007 and as such is recommended for approval.

8.0 PARTY 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.

8.2 In line with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:

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14 October 2014 14/00873/B Page 5 of 6

The owner and/or occupier of Riversdale; The owner and/or occupier of Boaldwyn; and The owner and/or occupier of Albany.

9.0 PLANNING COMMITTEE SUPPLEMENTARY REPORT

9.1 The planning application was recommended for approval and was brought before Planning Committee on 13th October 2014 for consideration.

9.2 The wording of Condition 2 was discussed and it was determined that the three spaces on the land to the north of the site should be used only for staff parking and the spaces within the curtilage of the site should be used only for the dropping off and collecting of children.

9.3 Condition 2 read as follows;

"The vehicle parking at the front and south of the building and the three parking spaces to the north of the building, as shown on the approved plans, shall not be used other than for the parking of vehicles in connection with the use of the building hereby approved, and shall be kept free of obstruction for such use at all times."

The amended and agreed Condition 2 now states;

"The vehicle parking at the front and south of the building as shown on the approved plans, shall not be used other than for the parking of vehicles by parents in connection with the use of the building hereby approved, and shall be kept free of obstruction for such use at all times. The three parking spaces on land to the north shall not be used other than for the parking of vehicles by staff or parents in connection with the use of the building and shall be kept free of obstruction for such use at all times."

Recommendation

Recommended Decision:

Permitted

Date of Recommendation:

19.09.2014

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals

C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

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14 October 2014 14/00873/B Page 6 of 6 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 vehicle parking at the front and south of the building and the three parking spaces to the north of the building, as shown on the approved plans, shall not be used other than for the parking of vehicles in connection with the use of the building hereby approved, and shall be kept free of obstruction for such use at all times.

Reason: In the interests of highway safety.

C 3. The maximum number of children attending the building at any one time shall not exceed twenty seven.

Reason: In the interests of the amenity of the surrounding area along with highway safety and parking and to safeguard the welfare of children.

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This approval relates to Location Plan, Site Plan, Ground Floor Plan As Proposed and First Floor Plan As Proposed date stamped as received on 21st July 2014.

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.

Decision Made : Permitted Committee Meeting Date : 13th October 2014

Signed : M McKnight Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YES See above