14 October 2014 · Planning Committee
Kennaugh Bros, Workshop Rear, Nursery Avenue, Onchan, Isle Of Man, IM3 4hf
The proposal involved changing three external areas (A: grassed area east of the nursery; B and C: hardstanding areas south/southwest and northwest) at Storytime Nursery to outside play areas, used only during nursery hours and suitable weather, with no fixed structures and movable items stored indoors when not in use.…
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Given extant approval PA 12/01006/C for nursery use, the principle was acceptable; assessment focused on site-specific impacts on public/private amenity, visual amenity, and highways.
General Policy 2
GP2 permits development in accordance with zoning and Area Plan if it meets criteria including no adverse impact on amenity of residents/locality (g), no unacceptable effect on road safety/traffic (i), respects surroundings in siting/layout/scale (b), and satisfactory amenity standards with safe access/parking (h). Officer assessed proposal against these, finding no undue amenity harm from limited play use, no highway impact as fencing permitted development within site and no objection from Highways, and acceptable visual/scale given no fixed structures in mixed residential area adjacent to mixed use zones.
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.
do not oppose the current planning application
no objection, recommend adequate road gulleys for surface water runoff
The original application 14/00760/C for change of use of land abutting a nursery building to outside play areas was approved by the Planning Committee on 14 October 2014 subject to a time limit condition. Local residents (Mr and Mrs A P Young et al.) appealed, arguing the areas are public highway, fencing would obstruct vehicle access including emergency services, and the site is unsuitable for children due to drainage and hazards. The inspector found land ownership not a planning matter, assumed the aprons are private curtilage for assessment purposes, concluded the play use itself causes no harm to amenities, road safety, or child welfare, and recommended upholding the approval. Fencing concerns were noted as separate (permitted development) with suggestions for local resolution. The Minister dismissed the appeal on 12 March 2015, confirming approval with added condition limiting use to 08:00-18:00 weekdays.
Precedent Value
Appeals against approvals succeed only if planning merits flawed; non-planning issues like title cannot overturn; inspectors may assume site facts for assessment and urge neighbourly resolutions for ancillary matters like permitted development.
Inspector: Alan Langton DipTP CEng MRTPI MICE MCIHT
