Dept Decision and Inspector's Report

Cabinet Office

Government Office DOUGLAS Isle of Man IM1 3PN Direct Line (01624) 685280 Fax Number (01624) 685710 Email [email protected] CHIEF SECRETARY Will Greenhow ACMA 19th August 2014

Our Reference : DF14/0026 Planning Secretary Department Of Infrastructure Planning and Building Control Division Murray House Mount Havelock Douglas Dear Sir/Madam,

TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) (No2) ORDER 2013

Planning Application: 14/00581/B PA Ref: $\quad 14 / 00581 / B$ Applicant: Department Of Education And Children Proposal: Creation of a primary school with associated parking, access and drop off areas, playing areas and sports pitches, along with highway works to form bus lay-bys and pedestrian crossing points and part demolition of former post gradual medical centre Address: Former Nobles Hospital Site Westmoreland Road Douglas Isle Of Man I refer to the abovementioned planning application. In accordance with the Article 9 of the Town and Country Planning (Development Procedure) (No 2) Order 2013, I herewith give notice of the decision as follows.

The application has been approved subject to the following condition(s);

1. The development hereby approved shall not be carried out except in accordance with the following plans and drawings:

Drwg Nos SC1203/P/10-01, 10-02D, 10-03, 10-04N, 10-05L, 10-06Q, 10-07L, 10-08, $10-09,10-10,10-11,10-12,10-13,10-14,10-20 C, 10-21 C, 10-22 C, 10-23 C, 10-24 C$, $11-01,11-02,11-03,11-10,11-11,12-01 M, 12-02,12-03,12-04$, MAR542/EXT/001G, MAR542/EXT/002A and IM/600/PDR01A all received on 15 May 2014.

1. The development hereby approved shall commence before the expiration of four years from the date of this notice.
2. The development hereby approved shall not be occupied until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction at all times, except for six places within the upper car park which can be used for the adjacent Community Health Centre.

1. The development hereby approved shall not be occupied until the means of vehicular access, footpaths, drop-off areas, bicycle store, zebra crossings, bus stops and bus lay-bys have all been constructed in accordance with the approved plans and shall thereafter be retained.

1. Notwithstanding the submitted details, no development shall commence until a landscaping scheme has been submitted to and approved in writing by the Planning Authority. The scheme shall include details of all planting, together with a timetable for its implementation. Any tree or shrub which, within 5 years of planting, dies, is removed, or becomes seriously damaged or diseased, shall be replaced in the next planting season with another of similar size and species.

1. The development hereby approved shall not commence until details of the refuse storage facilities have been submitted to and approved in writing by the Planning Authority. The development shall not be occupied until the refuse storage facilities have been provided in accordance with the approved details, and shall thereafter be retained solely for that purpose.

1. Notwithstanding the submitted details, details of external lighting shall be submitted to and approved in writing by the Planning Authority. The external lighting shall be installed in accordance with the approved details. It shall be switched off either when the caretaker leaves the building, or at 21.00 hrs, whichever is the sooner, except on parents' evenings or other occasional school events.

1. No approval is given for the thirteen parking spaces next to the Assembly Hall and Dining Hall, shown on Drwg SC1203/P/10-04N as "Future parking if required".

1. Prior to the occupation of the school, part of the postgraduate medical centre is to be demolished in accordance with the approved plans.

1. No development shall commence until a Travel Plan has been submitted to and approved in writing by the Planning Authority. The Travel Plan shall include details of implementation and monitoring and shall be implemented in accordance with the approved details. The results of the implementation and monitoring shall be made available to the Planning Authority on request, together with any changes to the plan arising from those results.

In accordance with article 10(c) of the Order, please be advised that the decision of the Council of Ministers is binding and final (subject to the possibility of judicial review by petition of doleance).

The Planning Inspector's report, upon which the decision was determined, may be viewed by visiting http://www.gov.im/categories/planning-and-building-control/planning-development-control/department-applications/departmental-applications-decisions/ or by contacting the office of the Chief Secretary for a hardcopy (Tel 685204).

Yours faithfully,

A Johnstone

A Johnstone Planning Appeals Administrator

Crown Division Government Offices Douglas Isle of Man 1 August 2014 To the Council of Ministers Case Reference: DF14/0026 Planning Application: 14/00581/B Application by the Department of Education and Children for planning approval for a 2-form entry primary school with parking areas, access and drop-off, playing areas and sports pitches; works to the highway to form bus lay-bys and pedestrian crossing points to Westmoreland Road; and part demolition of the former postgraduate medical centre, at the former Nobles Hospital site, Westmoreland Road, Douglas.

1. I have the honour to report that on 22 July 2014 I carried out a site visit at the above location. The case is being made by written representations.
2. The application site is owned by the Department of Infrastructure. For that reason the application has to be determined by the Council of Ministers, not the Planning Committee.

Site Description And The Proposal

1. The site for the proposed primary school is part of the former Nobles Hospital. It lies between Westmoreland Road and Hillside Avenue. Much of the site has been cleared, but a 2 -storey L-shaped ward building and the former postgraduate medical centre remain.
2. To the west of the site is the Community Health Centre. To the north of the site is Westmoreland Road and, on the opposite side of the road, is the 5 -storey former Nurses' Home. To the east and south are the rear garden boundaries of the dwellings in Hillside Avenue. A high ( $2 \mathrm{~m}-3 \mathrm{~m}$ ) concrete wall separates the houses from the site.
3. The proposed school would be known as the Henry Bloom Noble Primary School. It would replace 2 existing primary schools: Ballacloan School ( 75 m to the north of the site), and Fairfield School ( 190 m to the north east).
4. The application is supported by a Design and Access Statement, a Transport Statement, a Contamination Statement and an External Services Statement.
5. The development would have the following key features:

• The existing 2 -storey ward building would be converted into the main school building. Its external materials and finishes would be altered so that it related well to the contemporary appearance of the proposed new buildings.
• A new single-storey extension would be added to the north west side of the ward building to accommodate the school's main entrance and administrative offices.
• The single-storey extension would link to a new 2-storey sports hall, youth/community centre, assembly and dining hall.

• A playground, two netball pitches, an artificial turf pitch play area and a grass pitch play area would be provided to the south of the school buildings.
• There would be 2 on-site car parks: one would be accessed from the existing roadway that runs along the site's eastern boundary ( 27 spaces); the other would be accessed from a new junction with Westmoreland Road to the west of the school buildings ( 29 spaces).
• Along the southern boundary of the site, adjoining the houses in Hillside Avenue, there would be a belt of low-maintenance planting varying in width from about 10 m to 20 m . The $2 \mathrm{~m}-3 \mathrm{~m}$ wall along the boundary would remain.
• In front of the school buildings, parallel to Westmoreland Road, there would be a new drop-off lay-by incorporating 11 parking spaces. On Westmoreland Road itself there would be a new bus shelter, zebra crossings and a lay-by for buses and coaches.

Representations Received

1. The Department of Infrastructure's Highway Services has submitted a detailed report on the proposal. It concludes that the development would not materially affect road safety or create highway congestion. No objection is raised to the granting of planning approval, subject to certain conditions being imposed. These relate principally to the provision of the access, parking spaces, pedestrian crossings and a Travel Plan.
2. Douglas Borough Council does not object to the proposal.
3. Manx Utilities has no objection, but has made advisory comments about surface and foul drainage.

Advice From The Department Of Infrastructure'S Planning And Building Control Division

1. The site is identified in the Douglas Local Plan Order 1998 as being within an area of civic, cultural and other special uses, particularly hospital use, and Nobles Hospital redevelopment. The written statement of the Douglas Local Plan was never adopted, but it indicated that the Nobles Hospital site could be used to accommodate, amongst other things, a relocated primary school.
2. In 2008, approval in principle was granted for the use of the site as a primary school, outdoor football pitch, car parking and Central Community Health Centre (08/01333/A). The approval has recently lapsed.
3. Relevant policies in the Isle of Man Strategic Plan (IoMSP) include:

• Strategic Policy 1 - the use of previously-developed land and buildings should be optimised
• General Policy 2 - includes criteria for new development that accords with land-use zoning
• Environment Policy 43 - the re-use of sound built fabric, rather than its demolition, is encouraged.
• Community Policy 2 - new community facilities should be located to serve the local population and be accessible to non-car users.

• Community Policy 5 - permission will generally be given for proposals to build new schools, having particular regard to the potential for community use of the buildings and associated open space.
• Transport Policy 6 - in the design of new development, the needs of pedestrians should be given similar weight to the needs of other road users.
• Transport Policy 7 - parking provision should be in accordance with current standards.

Assessment

1. In my view, the main issues in the consideration of this planning application are as follows:

• The principle of building a school on the site
• The school's impact on the character and appearance of the street scene in Westmoreland Road
• The effect on living conditions for nearby residents in Hillside Avenue
• The effect on highway conditions.

The first issue - the principle of building a school on the site

1. The proposed school would be in accordance with the zoning in the Douglas Local Plan Order 1998. It is clear that there has been a long-held objective to build a school somewhere on the former hospital site. Indeed, a 2008 application for a primary school was granted approval in principle.
2. Furthermore, the site is in a sustainable location. The school would occupy previously-developed land and buildings. It would be accessible to non-car users and provide community facilities which could be used independently when the school was closed. The objectives of Strategic Policy 1, Environment Policy 43, and Community Policies 2 and 5 of the IoMSP are therefore met.
3. For these reasons, I am satisfied that the principle of building a school on the site is wholly acceptable.

The second issue - character and appearance

1. The buildings in the vicinity of the application site vary in age, design and size. The Community Health Centre to the west of the site is modern. The 5-storey former Nurses' Home opposite the site appears to have been built in the middle of the 20th century. In addition, there are 2 -storey and 3 -storey buildings nearby. Overall, I saw that there is no uniformity of layout, age, scale or design in this part of Westmoreland Road.
2. I consider that the contemporary design of the proposed buildings would not be incongruous in the context of their surroundings. The highest building on the site, the sports hall, would be set back about 43 m from the road. The re-use of the former ward building at the front of the site would, to my mind, help to assimilate the development into the street scene in Westmoreland Road.
3. Overall, I conclude that there would be no materially adverse impact on the character and appearance of the street scene in Westmoreland Road. The objectives of criteria (b) and (c) of General Policy 2 of the IoMSP would therefore be met.

The third issue - living conditions

1. The semi-detached houses in Hillside Avenue, and a pair of houses on the corner of Hillside Avenue and Westmoreland Road, adjoin the site. In the past, the residents of these dwellings would have had a rear outlook onto the hospital and its buildings. I consider that the school buildings currently proposed are likely to be an improvement in both scale and appearance.
2. I accept that, from time to time, the noise of children playing on the playground and sports pitches is likely to be audible in some of the dwellings. The distance between the nearest dwellings and the school's pitches would be about 20 m ; wider in other places. To my mind, there is unlikely to be a significant disturbance, particularly bearing in mind the intermittent use of the playground and pitches. External lighting has the potential to be intrusive, but I consider that this is something that could be controlled by a planning condition.
3. In summary, I consider that the living conditions of nearby residents would not worsen materially and could, in fact, improve. The objective of criterion (g) of General Policy 2 of the IoMSP is therefore met.

The fourth issue - highway conditions

1. The Transport Assessment submitted by the applicant has been studied by the Department of Infrastructure Highway Services and found to be acceptable. I see no reason to take an opposite view.
2. It could be argued that the proposed school would attract more traffic into this part of Westmoreland Road, but I am comforted by the fact that the school would replace 2 existing nearby schools where only 30 of the 323 pupils arrive by car. I also consider that the proposed drop-off and pick-up area in front of the school, segregated from the passing traffic on Westmoreland Road, would reduce congestion and increase safety for drivers, cyclists and pedestrians.
3. I have therefore concluded that there would be no materially adverse effect on highway conditions in Westmoreland Road. The requirements of Transport Policies 6 and 7 of the IoMSP are therefore satisfied.

Conclusion

1. In the light of my favourable findings on all 4 issues, I have reached the view that the proposed development is acceptable, and planning approval should be granted.

Recommendation

1. I recommend that planning approval be granted for a 2 -form entry primary school with parking areas, access and drop-off, playing areas and sports pitches; works to the highway to form bus lay-bys and pedestrian crossing points to Westmoreland Road; and part demolition of the former postgraduate medical centre, at the former Nobles Hospital site, Westmoreland Road, Douglas, as shown on Drwg Nos SC1203/P/10-01, 10-02D, 10-03,10-04N, 10-05L, 10-06Q, 10-07L, 10-08, 10-09, 10-10, 10-11, 10-12, 10-13, 10-14, 10-20C, 10-21C, 1022C, 10-23C, 10-24C, 11-01, 11-02, 11-03, 11-10, 11-11, 12-01M, 12-02, 1203, 12-04, MAR542/EXT/001G, MAR542/EXT/002A and IM/600/PDR01A all received on 15 May 2014, and subject to the following conditions:

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

2) The development hereby approved shall not be occupied until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction at all times, except for six spaces within the upper car park which can be used for the adjacent Community Health Centre.

3) The development hereby approved shall not be occupied until the means of vehicular access, footpaths, drop-off areas, bicycle store, zebra crossings, bus stops and bus lay-bys have all been constructed in accordance with the approved plans, and shall thereafter be retained.

4) Notwithstanding the submitted details, no development shall commence until a landscaping scheme has been submitted to and approved in writing by the Planning Authority. The scheme shall include details of all planting, together with a timetable for its implementation. Any tree or shrub which, within 5 years of planting, dies, is removed, or becomes seriously damaged or diseased, shall be replaced in the next planting season with another of similar size and species.

5) The development hereby approved shall not commence until details of the refuse storage facilities have been submitted to and approved in writing by the Planning Authority. The development shall not be occupied until the refuse storage facilities have been provided in accordance with the approved details, and shall thereafter be retained solely for that purpose.

6) Notwithstanding the submitted details, details of external lighting shall be submitted to and approved in writing by the Planning Authority. The external lighting shall be installed in accordance with the approved details. It shall be switched off either when the caretaker leaves the building, or at 21.00hrs, whichever is the sooner, except on parents' evenings or other occasional school events.

7) No approval is given for the thirteen parking spaces next to the Assembly Hall and Dining Hall, shown on Drwg No SC1203/P/10-04N as "Future parking if required".

8) Prior to the occupation of the school, part of the postgraduate medical centre is to be demolished in accordance with the approved plans.

9) No development shall commence until a Travel Plan has been submitted to and approved in writing by the Planning Authority. The Travel Plan shall include details of implementation and monitoring and shall be implemented in accordance with the approved details. The results of the implementation and monitoring shall be made available to the Planning Authority on request, together with any changes to the plan arising from those results.

Ruth MacKenzie BA(Hons) MRJPI Independent Inspector