Isle of Man

Government McGarrigle Architects Ltd 19 Mount Havelock Douglas Isle Of Man IM1 2QG

Town and Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2005

In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Department Of Education And Children, Ref 13/00569/B, for the installation of replacement boundary fencing and gates, erection of playground fence / gates and construction of new concrete steps (amended plans received which show minor extension to red line to the north; alteration to height of fence next to no 10 Darragh; and supporting letter from school) at Anagh Coar School Darragh Passage Douglas Isle Of Man IM2 2BX subject to compliance with the following condition(s):

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. The development hereby permitted shall not be carried out except in full accordance with the following plans: Drawing Numbers 17560203 (existing fencing) received on 09 May 2013; 17560201 (site location plan) and 17560205 (new steps and fencing to the side) received on 03 July 2013; 175602 02A (proposed block plan) and 175602 04A (proposed fence elevations) received on 11 October 2013.

NOTE The Isle of Man Water & Sewerage Authority advises that there are public sewers within the footpath adjacent the proposed fencing. The applicant is advised to discuss measures to protect the sewer during construction with the the Isle of Man Water & Sewerage Authority before proceeding with any works.

NOTE The applicant is advised that there are Underground Cables/Overhead Lines present in the area indicated in the planning application. Please contact Anthony Kinrade or Ian Horsey, Operations and Maintenance Department, Network Services, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may need to be diverted before any work can be carried out on site.

The applicant is also advised to contact the Manx Electricity Authority for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site. All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 and GS6.

M Kalkyher <br> Director of Planning and <br> Building Control

Guidance Note

This decision was made by a Senior Planning Officer in accordance with the authority delegated to them.

This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005.

Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-decisions-and-powers-of-appeal/

Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.

The proposed development must not be commenced until either;

• The time for requesting an appeal has expired; or
• Any appeal has been determined;

Whichever is the later. If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.

Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected]

| Application No. : | 13/00569/B | | :-- | :-- | | Applicant : | Department Of Education And Children | | Proposal : | Installation of replacement boundary fencing and gates, | | | erection of playground fence / gates and construction of new | | | concrete steps (amended plans received which show minor | | | extension to red line to the north; alteration to height of fence | | | next to no 10 Darragh; and supporting letter from school) | | Site Address : | Anagh Coar School | | | Darragh Passage | | | Douglas | | | Isle Of Man | | | IM2 2BX |

Case Officer : Mr Edward Baker Photo Taken : Site Visit : Expected Decision Level : 22.05.2013

Officer Delegation

Officer's Report

THE APPLICATION SITE

1. The application site is Anagh Coar, School, Darragh Passage, Douglas. It is a primary school. The school is situated in the midst of a built up residential area. The school grounds are broadly triangular. The main access, including vehicular access, is via Darragh, a residential cul-de-sac which the school fronts onto on its west side. There are houses on Darragh to the west. The site is bounded on its north, north east and south east sides by a footpath. There are houses beyond the footpath to the north; a surgery and shops to the north east; a triangular area of open space to the east; and flats to the south.
2. The site generally rises from east to west.
3. The existing fencing around the school grounds comprises the following:

Western boundary

• \quad 1.85 metre chain link fence along the west frontage of the school onto the Darragh
• \quad Small section of 2 metre and 1.8 metre fencing on the shared boundary with No. 10 Darragh to the south west corner of the school grounds

South east boundary

• Predominantly 1.7 metre chain link fence along the south east boundary
• \quad Small section of 1.8 metre chain link fence and 1.5 metre brick wall

North east and north boundaries

• A mixture of 1.7 metre and 3.0 metre chain link fencing

THE PROPOSAL

4. The application seeks planning approval to replace the boundary treatment around the perimeter of the school as follows:

Western boundary

• 1.8 metre fence along the west frontage of the school onto the Darragh
• Small section of 2.5 metre fencing alongside the front garden of No. 10 Darragh to the south west corner of the school grounds

South east boundary

• Predominantly 3.0 metre fence along the south east boundary
• Small section of 1.7 chain link fence next to the east corner of the site

North east and north boundaries

• Mainly 3.0 metre fencing with section of 1.8 metre fencing to the north west corner of the site

5. The fencing is to be finished in RAL Green 6005. The proposal also includes a new entrance gate and steps down to the school to the north west corner of the school grounds. The gate is accessed via the footpath in front of the houses to the north. The applicant has submitted amended plans, which show an extension of the footpath between the footpath and entrance gate on what was previously a grass verge. This was originally omitted because of a question over ownership of the grass verge. It is understood that the land is owned by Douglas Borough Council. The amended plans also show a reduction in the height of the fencing adjacent No. 10 Darragh. The amended plans have been subject to full consultation.
6. The headmaster of the school has written to the Planning Authority setting out the reasons why the new security fencing is required. These include reference to a number of health and safety issues:

• A suspicious member of the public lurking around the area
• The school grounds being used by a dog walker
• A pupil eating an abandoned drug related item and having to be hospitalised
• Four cigarette lighters being found in the area
• Problems with delivery vans turning in the yard
• An older pupil from another school entering the school and assaulting one of the pupils
• The cars in the staff car park have been used to step up and over the walls by young people
• \quad Instances of balls leaving the site and landing on adjacent property.

7. The school goes on to say that by increasing the height of the fencing it will allow unrestricted sports and ball games without fear of balls leaving the school grounds, therefore enhancing sports and recreational education.

PLANNING HISTORY

8. 06/00107/B - approval granted in 2007 for improvements to existing playground to include new retaining wall and fencing.

9. There are a number of other approvals for works of a minor nature which are not considered relevant to the current application.

10. The Douglas Local Plan 1998 identifies the site as being a primary school.

11. General Policy 2 of the Isle of Man Strategic Plan 2007 is relevant: '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; (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; (I) 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.'

12. Community Policy 5 of the Isle of Man Strategic Plan 2007 is relevant:

Permission will generally be given for proposals to improve or extend existing schools and institutions of higher education and to build new schools, subject to their being sited and designed in accordance with the other policies of this plan, having particular regard to the potential for community use of the buildings and the associated Open Space.

REPRESENTATIONS

13. Douglas Borough Council - no response at the time of writing.
14. Isle of Man Water & Sewerage Authority - no objection. There are public sewers within the footpath adjacent to the proposed fencing. It is requested that the applicant consults with the WSA prior to commencement of works so that necessary protection measures can be agreed.
15. Manx Electricity Authority - advisory note only.
16. Neighbour comments - none.

ASSESSMENT

Justification for the scheme

17. The applicant has been asked to provide justification for the new fencing in the light of the planning officer's concerns about the height of the fencing, particularly along the south east boundary of the school grounds next to the flats to the immediate south, and adjacent No. 10 Darragh to the south. The headmaster of the school has responded by citing a number of reasons why the fencing is required (these are set out in more detail at the top of this report). They include health and safety, security issues and the ability to play ball games in an unfettered manner. The impacts of the proposed fencing, as discussed below, need to be balanced with the benefits of the project that the school has identified.

The effect of the proposal on the character and appearance of the area 18. The proposed fencing is in the most part of similar height to the existing. However, there is a noticeable increase in height for the majority of the south east boundary (1.5-1.7 metres to 3 metres), in front of No. 10 Darragh ( 1.8 metres to 2.5 metres) and the east corner of the site ( 1.7 metres to 3.0 metres). The elevation drawings of the new fencing looks quite austere, however, photographs of the same fencing used elsewhere have been seen and these show the fencing to be more subtle and visually appealing. The fencing would be finished in green which would give the fencing a less harsh and more inviting appearance. The proposed steps in the north west corner of the site would have a very limited visual impact. They should not interfere with the existing trees in this corner.

The effect of the proposal on neighbour amenity 19. The planning officer initially had concerns about the impact of the new fencing on the outlook of Nos. 15 to 20 Cullyn, a small block of flats to the immediate south. However, having further considered the issue, it is felt that there is sufficient separation between the fencing and the front of the properties such as not to result in an unacceptable loss of outlook or amenity to these properties. There has also been concern about the effect of the new fencing on the outlook of the front of No. 10 Darragh. At this point, the height of the fencing will be increased from 1.8 metres to 2.5 metres, which won't create a particularly attractive environment for No. 10. The planning officer has raised this issue with the agent, but the school say that 2.5 metres is the minimum height necessary to provide security. The Planning Authority has written to the occupier of No. 10 Darragh asking for their views but no comments have been received. Douglas Borough Council have also been asked to provide specific comments on this point, given the possibility that this might be local authority housing, however, again no comments have been received. Part of this area of fencing has already been reduced from 3 metres to 2.5 metres following concerns expressed by the planning officer. On balance, and taking into account that no objections have been received, it is considered the effect of the proposal on No. 10 Darragh is acceptable. 20. Elsewhere, it is considered that the increase in the height of the fencing would not have a harmful effect on the amenities of nearby residents. The other main area where the fencing would be increased in height is in the east corner of the school grounds; however, this is next to the shop and won't adversely affect the amenities of the area. The repositioning of the pedestrian gate to the north west corner should not give rise to any significant additional amenity issues.

Other issues 21. The WSA has asked the applicant to discuss measures to protect the public sewer with it before commencing with works. This is considered to be a civil issue and not a planner matter, but can be conveyed to the applicant by way of an informative. Similarly, the comments of the MEA are advisory only and an advice note is also recommended.

22. The proposed fencing will have some impact on the character and appearance of the area and the amenities of local people, particularly the occupier of No. 10 Darragh. However, these impacts have to be balanced against the health, safety and welfare benefits that the scheme would bring as highlighted by the school. It is considered that there would be no substantial harm arising from the proposal and that sufficient justification for the increase in height of the fencing has been made. On balance, the new fencing is considered acceptable. It is therefore recommended that planning approval is granted.

PARTY STATUS

23. The Local Authority, Douglas Borough Council, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.
24. The Manx Electricity Authority do not raise any material planning considerations and not be given Interested Party Status.
25. The comments of the Isle of Man Water & Sewerage Authority relate to a civil issue and not a planning matter and they should not be afforded Interested Party Status.

Recommendation

Recommended Decision: Permitted

Date of 29.07.2013

Recommendation:

Conditions and Notes for Approval / Reasons and Notes for Refusal

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

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. The development hereby permitted shall not be carried out except in full accordance with the following plans: Drawing Numbers 17560203 (existing fencing) received on 09 May 2013; 17560201 (site location plan) and 17560205 (new steps and fencing to the side) received on 03 July 2013; 175602 02A (proposed block plan) and 175602 04A (proposed fence elevations) received on 11 October 2013.

N 1. The Isle of Man Water & Sewerage Authority advises that there are public sewers within the footpath adjacent the proposed fencing. The applicant is advised to discuss measures to

protect the sewer during construction with the the Isle of Man Water & Sewerage Authority before proceeding with any works.

N 2.

The applicant is advised that there are Underground Cables/Overhead Lines present in the area indicated in the planning application. Please contact Anthony Kinrade or Ian Horsey, Operations and Maintenance Department, Network Services, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may need to be diverted before any work can be carried out on site.

The applicant is also advised to contact the Manx Electricity Authority for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site. All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 and GS6.

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: ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

PA13/00569/B Department Of Education And Children Installation of replacement boundary fencing and gates, erection of playground fence / gates and construction of new concrete steps, Anagh Coar School Darragh Passage Douglas Isle Of Man IM2 2BX Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 15.05.2013, includes;

Dev Control Polygons: Reference Number: 08/02297/B Status: Permitted Proposal: Erection of a shelter Reference Number: 87/04190/B Status: Permitted Proposal: Extension to form P.E. equipment store, Anagh Coar School, Anagh Coar, Douglas. Reference Number: 06/01964/B Status: Permitted Proposal: Improvements to existing playground to include new retaining wall and fencing Reference Number: 84/00711/B Status: Permitted Proposal: Siting of mobile classroom, Anagh Coar School, Douglas. Reference Number: 13/00569/B Status: Pending Consideration Proposal: Installation of replacement boundary fencing and gates, erection of playground fence / gates and construction of new concrete steps Reference Number: 84/01203/B Status: Permitted Proposal: Erection of internal and external chimney stacks, Phases 1-4 Anagh Coar Estate, Douglas. Reference Number: 08/00154/B Status: Permitted Proposal: Erection of timber shed Reference Number: 06/00107/B Status: Permitted Proposal: Construction of access ramps and steps to facilitate access for the disabled Reference Number: 10/01448/B Status: Permitted Proposal: Creation of an external fire escape door Reference Number: 02/00603/B Status: Permitted Proposal: Installation of double doors to create new access Reference Number: 01/02637/B Status: Permitted Proposal: Infill extension to school Reference Number: 11/00311/B Status: Permitted Proposal: Erection of shelter

Site Notes.

• Get photo sample of proposed fence, insure about design.
• Don't like increase in height, along S. E. (?) boundary - initially harmful, borradio line.
• Double check plans Ed 22/5/13

Site Notes 2

• Corner of No. 10 - fence to the homerel in front due to impact as outlook. Showni' impact line, Wulmin Rt. L. Lobar Ed 29/7/13