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The application site comprises of the curtilage of the Memorial Hall, which is located adjacent to the Peel Road (A1) in Union Mills, Braddan.
The proposal seeks approval for the additional use of the building as a day nursery.
There have been two previous planning applications that could be considered to be relevant to the assessment of this current planning application:
Planning application 98/0444 sought approval for the additional use of the hall for playgroups. This application was initially considered and approved on the 28th July 1998, with the initial approval decision notice issued on the 29th July 1998. It is understood that the use granted by this previous approval was never taken up.
Planning application 05/00338/B sought approval for the provision of a portacabin attached to rear elevation to provide additional toilet and storage facilities and erection of new perimeter railings and gates to sides and
front. This application was initially considered and approved on the 22nd April 2005, with the initial approval decision notice issued on the 28th April 2005.
Braddan Parish Commissioners highlighted that they are the applicants and made no further comment.
The Isle of Man Fire and Rescue Service has made no specific comment on the merits of the planning application but has recommended that the applicant consults them with regards to the provision of appropriate fire precaution measures.
The Disability Access Office has made no specific comment on the merits of the planning application but has requested that the needs of disabled access are considered.
The Department of Health and Social Security Social Services Division has made no comment on the merits of the planning application but had requested to be informed of the outcome of the application.
The application site is designated as being within an area of predominantly residential use under the Braddan Parish District Local Plan. There are no policies within this document that I consider to be specifically relevant to the assessment of this planning application.
The proposal seeks approval for the additional use of the building as a day nursery. The proposed hours of operation are 08:30 to 18:00 Monday to Friday. The level of use is stated as being up to 16 children aged 2 to 4 years old. The portacabin shown on the application drawings, which contains toilet and storage, already has approval through the approval of previous planning application 05/00338/B.
I consider the key considerations in the assessment of this planning application to be the potential impact of the proposed use on surrounding properties, the potential impact of the proposed use on highway safety and the implications of the previous planning approval for the similar use.
In terms of the impact on the proposed use on surrounding properties I am reasonably satisfied that the impact will not be significantly greater than existing public uses of the building. The use of the building as a nursery during the day should not have an unacceptably detrimental impact on the amenity of the surrounding properties.
However, in terms of the impact of the proposed use on highway safety I share some of the concern of the Department of Transports Highways Division. Whilst the planning application appears to indicate an area of car parking it does not specify the number, dimensions and exact position of these spaces. Notwithstanding that, the area highlighted is outside the defined application site and therefore the use and retention could not be properly controlled through conditions imposed on this application even if approval were to be granted. The Memorial Hall does not have any on-site car parking and tends to rely on parking and drop off either to the rear/side of the application site or on the road, Peel Road (A1), to the front of the application site.
As the adjacent Peel Road (A1) is a key strategic route and is heavily trafficked throughout the day and especially at peak times in the morning and early evening I consider that there is potential for conflict between users of the nursery and traffic. I believe that it is reasonable to assume that the times of people dropping off and picking up children is likely to correlate with peak hour traffic. I also believe that it is reasonable to suppose that human nature means that people dropping off and picking up children will park in the most convenient and easy place for them, even if the use of that place is possibly restricted. As such I would suggest that the use increases the potential number of people parking on Peel Road (A1), a situation that would be contrary to the interests of highway safety. The use of the area to the side/rear of the application site requires the use of an existing junction onto Peel Road (A1), which is itself inadequate in terms of visibility. The increased use of this junction should not be encouraged.
Whilst I acknowledge that a similar use has previously been approved through the approval of planning application 98/0444 I do not believe that the existence of this previous approval should be used as the basis for
setting aside genuine matters of highway safety. A current planning application, 06/00076/B, seeking approval for the extension of the car parking area and the creation of a new access to provide a public car park to the side/rear of the nearby Central Stores has been approved.
Whilst this area of car parking may help to serve the needs of the use proposed by this planning application I still have concerns that parents will ultimately choose convenience rather use this car parking. As such whilst in theory it may be possible to attach a Grampian style condition given my concerns about the dropping off and picking up I have reservations about the practicalities of attached a Grampian style condition. On balance I recommend that the planning application be refused on highway safety grounds.
I consider that all those who made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status.
Recommended Decision: Refused
Date of Recommendation: 08.03.2006
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
By reason of the nature of the proposed use, the lack of available car parking and the position of the Memorial Hall the use proposed by this planning application will potentially conflict with existing traffic on the Peel Road (A1), which is a heavily trafficked strategic route, contrary to the interests of highway safety.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Refused Date: 22/5/06 Signed: [Handwritten signature] M. I. McCauley Director of Planning and Building Control
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